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Cornell Law Faculty Publications

2008

Public Law and Legal Theory

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Re-Reading Weber In Law And Development: A Critical Intellectual History Of "Good Governance" Reform, Chantal Thomas Dec 2008

Re-Reading Weber In Law And Development: A Critical Intellectual History Of "Good Governance" Reform, Chantal Thomas

Cornell Law Faculty Publications

The "Weberianism" of the modern age derives from the influence of three theoretical concepts in Weber's work. First, Weber described the development of "logically formal rationality" in governance as central to the rise of Western capitalist democracy. Second, Weber posited that Protestant religious ethics had helped to promote certain economic behaviors associated with contemporary capitalism. Third, Weber identified the rise of bureaucratic governance, as the primary means of realizing logically formal rationality, as distinctly modern.

This essay examines the influence of these basic insights on discourse on legal reform in developing countries. The prioritization of legal and institutional reforms to …