Resumo

MARTINEZ-FERRO, Hernán. Legitimacy, domination and law in the sociological theory of Max Weber State. Estud. Socio-Juríd [online]. 2010, vol.12, n.1, pp.405-427. ISSN 0124-0579.

We analyze in this article the relationships between legitimacy, domination and law from conceptual and critical standpoints. The said analysis is framed within the conceptually complex sociologic of Max Weber. The guiding issue of this entire reflection or analysis aims to establish distinguishing criteria between legitimate and illegitimate power. Weber concludes that Domination’s legitimacy framed in the modern concept of State as this concept is linked to the positive law’s realm of formal instrumental rationale depends on legality, efficacy and continuity. Similarly it is concluded that due to methodological reasons Weber renounces to a normative valuation. This in turn encumbers him from issuing a satisfactory answer to the problem of legitimacy. It is also affirmed that a relation between legitimacy and justice may only be established either through an arrangement of values or via practical rationale, thus providing a proper handling of the issue.

Palavras-chave : legitimacy; law; domination; power; State; Max Weber.

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