Revista Eletrônica do Curso de Direito da UFSM (Dec 2017)

MAX WEBER AND THE RECEPTION OF ROMAN LAW

  • Alexander de Castro

DOI
https://doi.org/10.5902/1981369427051
Journal volume & issue
Vol. 12, no. 3
pp. 889 – 909

Abstract

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Max Weber addresses the theme of the reception of Roman law in the European Middle Ages and Early Modern Period within his comparative-typological sociology of law. Seeking to lay the foundations for understanding the uniqueness of the process of Western rationalization – and, within it, the rationalization of law - the reception appears as an important factor in the production of the formal qualities of the modern systematically established and expert-operated law, whose main feature is its formal rationalism based on the logical interpretation of meaning. This logical abstract rationalism, which became the main characteristic of modern legal work, was the product and legacy for the modernity of the jurisprudence of ius commune, which started to be developed with the reception and was dedicated to the systematization of the received Roman law.

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