Legal domination
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Rational-legal authority (also known as rational authority, legal authority, rational domination, legal domination, or bureaucratic authority) is a form of
leadership Leadership, both as a research area and as a practical skill, encompasses the ability of an individual, group or organization to "lead", influence or guide other individuals, teams, or entire organizations. The word "leadership" often gets vi ...
in which the authority of an
organization An organization or organisation (English in the Commonwealth of Nations, Commonwealth English; American and British English spelling differences#-ise, -ize (-isation, -ization), see spelling differences), is an legal entity, entity—such as ...
or a ruling
regime In politics, a regime (also "régime") is the form of government or the set of rules, cultural or social norms, etc. that regulate the operation of a government or institution and its interactions with society. According to Yale professor Juan Jo ...
is largely tied to legal rationality, legal legitimacy and bureaucracy. The majority of the modern states of the twentieth and twenty-first centuries are rational-legal authorities, according to those who use this form of classification. Scholars such as Max Weber and
Charles Perrow Charles B. Perrow (February 9, 1925 – November 12, 2019) was an emeritus professor of sociology at Yale University and visiting professor at Stanford University. He authored several books and many articles on organizations, and was primari ...
characterized the rational-legal bureaucracy as the most efficient form of administration.


Rational-legal authority

In
sociology Sociology is a social science that focuses on society, human social behavior, patterns of social relationships, social interaction, and aspects of culture associated with everyday life. It uses various methods of empirical investigation an ...
, the concept of rational-legal domination comes from Max Weber's
tripartite classification of authority Max Weber distinguished three ideal types of legitimate political leadership, domination and authority. He wrote about these three types of domination in both his essay '' The Three Types of Legitimate Rule'' which was published in his masterw ...
(one of several classifications of government used by sociologists); the other two forms being
traditional authority Traditional authority is a form of leadership in which the authority of an organization or a regime is largely tied to tradition or custom. The main reason for the given state of affairs is that " things have always been that way".Reinhard Bendi ...
and
charismatic authority Charismatic authority is a concept of leadership developed by the German sociologist Max Weber. It involves a type of organization or a type of leadership in which authority derives from the charisma of the leader. This stands in contrast to two o ...
. All of those three domination types represent an example of his ideal type concept. Weber noted that in history those ideal types of domination are always found in combinations. In traditional authority, the legitimacy of the authority comes from tradition. Charismatic authority is legitimized by the personality and leadership qualities of the ruling individual. Finally, rational-legal authority derives its powers from the system of bureaucracy and
legality Legality, in respect of an act, agreement, or contract is the state of being consistent with the law or of being lawful or unlawful in a given jurisdiction, and the construct of power. According to the Merriam-Webster Dictionary, legality is 1 : ...
.


Legal rationality and legitimate authority

Under rational-legal authority, legitimacy is seen as coming from a legal order and the laws that have been enacted in it (see also
natural law Natural law ( la, ius naturale, ''lex naturalis'') is a system of law based on a close observation of human nature, and based on values intrinsic to human nature that can be deduced and applied independently of positive law (the express enacte ...
and
legal positivism Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin de ...
). Weber defined legal order as a system where the rules are enacted and obeyed as legitimate because they are in line with other laws on how they can be enacted and how they should be obeyed. Further, they are enforced by a government that monopolizes their enactment and the legitimate use of physical force. If society, as a whole, approves the exercise of the power in a certain way, then the power is considered "legitimate authority".


Max Weber's theory: type of authority

Max Weber broke down legitimate authority into three different types of societies: Traditional Authority, Rational-legal Authority, and Charismatic Authority. Each of these authorities have their own unique complex societies that have evolved from simple definitions.


1.Traditional authority: traditional grounds

* Is the type of power that has been around longer, it is the type of power that is traditionally rooted in beliefs and the practices of society. This authority is liked by many individuals because of two main reasons: the inheritance of past generations and religiousness that the societies have. * Traditional authority is based on a tradition or custom that is followed by the traditional leaders. In traditional authority, status is a key concept. There are no requirements to serving as a traditional leader but there are no salaries. The consequences to traditional authority are discouragement of education and rational calculation. * Traditional authority consists of a dominant profile, one who embodies tradition and rule. This type of leadership exemplifies the power to construct order.


2. Rational-legal authority: rational grounds

* Acquired from law and is constructed from the reliance of society's rules and laws. This type of authority has the confidence to leave the right of leaders to undertake the decisions and set the policy. Rational-legal authority is the basis of modern democracies. Examples of this type of authority: officials elected by voters, rules that are in the constitution, or policies that are written in a formal document. * Rational-legal authority is built on a structure of bureaucracy. In a rational-legal authority one ascends in their career paths through promotion and they eventually retire. Some of the benefits of rational-legal authority are transportation, large-scale industry, mass communication and an income economy. Other outcomes of rational-legal authority are tendencies towards equal opportunity and a promotion of education. * Rational-legal authority requires a logical and systematic approach to leadership. Weber's rational leadership prevails in decision making. * Finally, Legal Rational Authority derives its power from the system of bureaucracy and legality.


3. Charismatic authority: charismatic grounds

* Comes from individuals and their personal qualities. Certain individuals are influential to others with their unique qualities which help them gain followers. The span of a "charismatic" individual’s power and authority can vary from a specific group to an entire society. Examples of charismatic leaders include: Joan of Arc, Adolf Hitler, Martin Luther King Jr, Jesus Christ. * Charismatic authority has no clear structure; it is based on individual influence. One is chosen to be staff by their charismatic characteristics. Someone under a charismatic authority lives under gifts not salary. As long as someone has influence they will be a legitimate power. * In charismatic authority, confidence is the driving force for leadership. With charismatic authority leadership has the ability to connect distinct groups and lead them to the finish line.


Emergence of the modern state

Weber wrote that the modern state based on rational-legal authority emerged from the patrimonial and feudal struggle for power (see
traditional authority Traditional authority is a form of leadership in which the authority of an organization or a regime is largely tied to tradition or custom. The main reason for the given state of affairs is that " things have always been that way".Reinhard Bendi ...
) uniquely in the Occidental civilization. The prerequisites for the modern Western state are: * Monopolization by central authority of the means of administration and control based on a centralized and stable system of taxation and use of physical force * Monopolization of legislative * Organisation of an officialdom, dependent upon the central authority Weber argued that some of those attributes have existed in various time or places, but together they existed only in Occidental civilization. The conditions that favoured this were * Emergence of rational-legal rationality (various status groups in the
Occident The Occident is a term for the West, traditionally comprising anything that belongs to the Western world. It is the antonym of ''Orient'', the Eastern world. In English, it has largely fallen into disuse. The term ''occidental'' is often used to ...
promoted that emergence) * Emergence of modern officialdom (bureaucracy), which required ** Development of the money economy, where officials are compensated in money instead of kind (usually land grants) ** Quantitative and qualitative expansion of administrative tasks ** Centralization and increased efficiency of administration. Weber's belief that rational-legal authority did not exist in Imperial China has been heavily criticized, and does not have many supporters in the early 21st century.


Modern state

According to Max Weber, a modern state exists where a political community has: * An administrative and legal order that has been created and can be changed by legislation that also determines its role * Binding authority over citizens and actions in its jurisdiction * The right to legitimately use the physical force in its jurisdiction An important attribute of Weber's definition of a modern state was that it is a bureaucracy. The vast majority of the modern states from the 20th century onward fall under the rational-legal authority category.


Rational-legal leaders

The majority of modern bureaucratic officials and political leaders represent this type of authority. Officials: * Are personally free. * Serve a higher authority. * Are appointed on the basis of conduct and their technical qualifications. * Are responsible for the impartial execution of assigned tasks. * Their work is a full-time occupation. * Their work is methodical and rational * Their work is rewarded by a salary and prospects of career advancement. Politicians: * Are solely responsible for independent action. * Must recognize that public actions that conflict with their basic policy must be rejected. * Should have charismatic appeal to win
election An election is a formal group decision-making process by which a population chooses an individual or multiple individuals to hold public office. Elections have been the usual mechanism by which modern representative democracy has opera ...
s under conditions of
universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stan ...
. Weber provided ten necessities addressing: "how individual officials are appointed and work". The administrative staff are under the supreme authority for legal authority in a bureaucratic administrative style. # They are personally free and subject to authority only with respect to their impersonal official obligation. # They are organized in a clearly defined hierarchy of offices. # Each office has a clearly defined sphere of competence in the legal sense. # The office is filled by a free contractual relationship or free selection. # Candidates are selected on the basis of technical qualification. # They are remunerated by fixed salaries in money for the most part, with a right to pensions. # The office is treated as the sole, or at least primary, occupation of incumbent. # It constitutes a career. Promotions are dependent on the judgement of superiors. # The official works entirely separated from ownership of the means of administration and without appropriation of his/her position. # He is subject to strict and systematic discipline and control in the conduct of the office.


See also

*
Power (social and political) In social science and politics, power is the social production of an effect that determines the capacities, actions, beliefs, or conduct of actors. Power does not exclusively refer to the threat or use of force (coercion) by one actor against ...


References


Further reading

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External links

* http://oyc.yale.edu/sociology/socy-151/lecture-20 * http://2012books.lardbucket.org/books/sociology-comprehensive-edition/s17-01-power-and-authority.html * http://opinion.inquirer.net/85293/max-webers-3-types-of-authority * http://davidboje.com/horsesense/psl/pages/bureaucracydefined2.html * http://atheism.about.com/od/religiousauthority/a/types_4.htm {{DEFAULTSORT:Rational-Legal Authority Max Weber Sociology of law Sociological terminology Authority