WEBER'S RATIONAL LEGAL ORDER IN CONTEMPORARY SOCIOLOGY OF LAW

In Weber's sociology of law, the object of sociological study is social action. Social action is not the action that a person performs together with the society, but the actions that take place directly towards the society. Weber understands social action interpretatively and defines sociology as a science that deals with the processes and consequences of social action and causal explanations. Weber sociology divides types of social action into four parts: purpose-rational actions, value-rational actions, emotional actions, and traditional actions. He accepts the ideal type of action as rational action. Purpose- in rational action, the motive of the behavior and the motive that gives rise to the behavior and directs it, creates expectations about objects in the external world or other people's actions. These expectations aim to achieve the goals that the actor rationally follows and calculates. For this reason, the measure type that all actions can be depicted and classified according to itself, and the purpose in modern western societies is rational actions. Weber's law defines it as a rational institution, the validity of which is guaranteed to be complied with, and which is forced to be made up by physical and psychological pressure when not complied with. The greatest feature of the modern western social order is the rational legal structure. In contemporary sociology of law, rational law is computable and predictable. In this form, the state is found only in modern western societies with a political organization based on rational law, laws and law. According to Weber, contemporary legal thinking is divided into two main categories as making law and knowing law. While making law is understood to reveal the general norms assumed as rational legal rules, finding law is also about the application of legal norms to concrete events. In his views on the rationality of law, Weber says that rationality or irrationality can be handled in two different ways in terms of form or material. For example, if prophecies or revelation are used instead of rational means in both law making and law finding, irrationality will come to the fore. On the other hand, in both procedural law and substantive law, the decision is formally rational if it is determined according to a general and common norm. In the distinction between rationality and irrationality in material terms, if the legal provision is based on moral, emotional or political grounds, the emergence of irrationality will be able to speak of rationality otherwise. In the event of any legal dispute, if those who will apply the law to this dispute reach a decision with the emotional reactions created by the dispute or contradiction, there will be irrationality in the material sense. In Weber's sociology of law, rationality in terms of form, making and finding law, and material rationality are also taken into account in making the decision that will resolve the conflict.