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1970-Weber Three Types of Legitimacy
1970-Weber Three Types of Legitimacy
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We ask then: What is the relationship between these factors and the
three formsof authority?What is the significanceofthe fact that charisma
is not mentioned and that an additional category of 'rational belief' in
absolute value is added?And finally, is it possibleto separate discussions
of the legitimacy of orders from the legitimacy of authority?
Weber in this treatment of legitimate orders and authority is dealing
with different aspects of a single phenomenon-the forms that underlie
all instances of ordered human interaction. In his treatment Weber
distinguishestwo fundamental components of this ordering: normsand
authority.The differencesbetween the two are obvious and fundamental.
Norms are rules of conduct towards which actors orient their behaviour
(Weber, 1964; pp. I24-5). Ordered interaction is achieved when a high
probability exists that a significant number of actors in a given context
will orient their behaviour to the same norms. The essenceof authority
is a relationship between two or more actors in which the commands of
certain actors are treated as binding by the others (Weber, 1954;
p. 328). Authority is thus a sphere of legitimate command and where
authority exists ordered interaction is also possible. Thus authority and
norms representpolar principles of social organization: In the one case
organization rests upon orientation to a rule or a principle; in the other
instance it is based upon compliance to commands. The significance of
legitimateorder and authority is, as Weber makes clear, that the most
stable ordering of conduct is achieved when the ordering principles are
held to be binding by the actors subject to them:
An order which is adhered to from motives of pure expediency is
generally much less stable than one upheld on a purely customary
basis through the fact that the correspondingbehaviour has become
habitual. The latter is much the most common type of subjective
attitude. But even this type of order is in turn much less stable than
an order which enjoys the prestige of being considered binding, or,
as it may be expressed, of 'legitimacy.' (Weber, 1964; P.
125.)
The critical question then becomes that of the exact relationship be-
tween the various types of authority and norms. We believe that the key
to the synthesisof the separate discussionsof the legitimacy of ordersand
authority lies in an explication of these relationships: the point being
that the types of authorityinvariablyexist in some relationshipto norms.
The total institutional structure underlying ordered interaction is always
some amalgam of norms and authority.
Charismatic authority, represented by the prophet is the purest form
of authority in that it claims the right to break through all existing
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fear of the penalty of capture orients himself in this way to laws which
he does not recognize as legitimate.
The category of traditional action can also be discardedas a potential
basis of legitimacy since, as Weber points out, this action is habitual,
automatic and unreflective ('.. . it is very often a matter of almost
automatic reaction to habitual stimuli which guide behaviour in a
course which has been repeatedly followed', Weber, 1964, p. ii6). It is
clear that the sense of 'oughtness'essential to legitimacy is absent here.
This leaves the categoriesof affectual and wert-rationalaction and we
shall argue that all forms of legitimacy can be subsumed under these
categories.
Affectual action involves some emotional posture, whether this be
positive attachment, awe, fear or reverence, and it is readily apparent
that such elements are found in the orientation to traditional and charis-
matic norms and authority. Thus an affectual orientation underlies
four of the seven categories (traditional authority, traditional norms,
charismatic authority and affectually legitimated norms).
The question of wert-rational legitimacy is somewhat less accessible,
since here we have a sense of obligation which is ultimately rational in
nature. Consider the example of certain typical legal norms, e.g., tax
laws. We recognize that a complex spectrum of attitudes exists towards
such legislation and that many obey these laws on the basis of self-
interest (to avoid punishment) rather than out of a sense of obligation.
For those who recognize the legitimacy of the laws, however, the nature
of that legitimacy is based on the 'legality' of the laws, i.e., that they
were passed in the duly accepted manner. The idea of 'legality' is here
the basic value against which the legitimacy of the law is measured-
thus its wert-rational character. The law is not the object of reverence
or awe; the temper of its legitimacy is a sober judgment of rightness'
owing to its relationship to the fundamental value of correct legal
procedure.
Weber's category of legitimate norms involving a rational belief in
the absolute value of the norm also falls within this principle of wert-
rational legitimacy and in addition has an interesting and profound
relation to the 'ordinary'legal normsjust mentioned. The example that
Weber provides for this category is that of 'natural law' and we may
understand it to apply to all categories of 'higher law' and morally-
relevant law. Certain laws, such as those relating to family life, capital
punishment, sexual behaviour, and other salient moral issues are accep-
ted not on the basis of their legality, but because they express moral
principles which are held as absolute values in themselves. A useful
example of this type of legitimacy is found in civil rights legislation. In
addition to the purely formal legal legitimacy just cited is the legitimacy
based on the principle of social equality that these laws serve. If we
contrast the attitudes towards traffic laws and laws structuring equal
127
Basic attitudesunderlying
legitimacy
Affectual Wert-Rational
AUTHORITY
NORMS
norms
Affectually-legitimated Rationallegal norms
(Affectthrough charismatic (Formal rationality)
revelation)
Sacredlaw Ordinary laws created by
rational legislation
Traditionally-legitimated Absolutevaluenorms
norms
(Affect through usage) (Substantive rationality)
Custom Natural law,
laws relating to morally
salient issues
Notes
i. Simmel treats this type of authority prehended by the category of legal-
in his remarks on 'subordination under a rational authority. From our point of
principle' (Simmel, 1950, pp. 261-7), in view such instances involve a dual basis
which he provides an interesting example of authority, e.g., the authority of the
of the interplay between legal-rational, professor is legal rational to the degree
and what we have here called value- that it flows from the rules of the organi-
rational authority. Thus in peace-time zation, and value-rational to the degree
he notes authority in the army is based that it stems from the student's recogni-
upon the strict organizational hierarchy tion of his knowledge-which is their
of rank, while in war officers can draw acceptance of that knowledge as an
authority from the principle that the absolute value that merits obedience and
entire group is defending the nation. respect. The same duality is found in a
This corresponds to the dualism we have variety of work settings within govern-
noted in the authority of office in demo- ment bureaucracies, military organiza-
cratic political institutions: on the one tions, factories, etc., where the legal
hand this authority is rooted in the pure rational component of authority, i.e., the
legality of proper electoral procedure, official ranking, is tempered by a value-
on the other it rests upon the principle of rational authority grounded in institu-
the consent of the governed. The distinc- tional measures of competence.
tion is far from academic: its practical 3. An interesting historical treatment
consequence is the general difference in that accurately grasps Weber's basic
attitude towards electoral positions (presi- point is Charles Petit-Dutaillis', The
dent, governor, senator, representative) Feudal Monarchyin France and England
and non-electoral positions (federal civil (Petit-Dutaillis, 1964) in which he demon-
service, executive and congressional strates how the political ideas implicit
staffs, etc.). It is also reflected in the fact in feudalism determined the centralizing
that a sure way of increasing the authority politics of the Capetian and Anglo-
of an office in a democratic polity is to Norman monarchies. In fact, in line
broaden the electoral base, e.g., the with our central thesis here, Petit-
history of the offices of president and Dutaillis offers as his basic argument that
senator in the United States. the idea of feudalism had as its logical
2. The concept of value-rational outcome the centralized monarchy:
authority, or subordination to a principle, '... in proportion as the feudal regime
can we believe, be usefully applied to the became systematized, logic demanded a
problem of the authority of technical recognition that the pyramid had a
competence raised by Parsons in his summit; the hierarchy ends in the
introduction to Weber's Theoryof Eco- monarch whom Beaumanoir calls sover-
nomic and Social Organization (Weber, eign over all: the Kings will turn to the
1964, footnote 4, PP. 58-60). There development of this principle and sooner
Parsons argues that technical knowledge or later will reap all its consequences.
is an authority-granting factor in certain The Feudal system includes a King.'
bureaucratic structures, but is not com- (Petit-Dutaillis, 1964, P. 2.)
134