TY - JOUR
T1 - Protestantism and the rationalization of English law
T2 - A variation on a theme by Weber
AU - Likhovski, Assaf
PY - 1999
Y1 - 1999
N2 - Attending to an underdeveloped lacuna in Weber's sociology of law, this essay examines the relationship between Protestant theology and the emergence of modern, rational legal systems. The essay argues that radical Protestantism inspired demands for the rationalization of English law, and while not successful in bringing about the concrete changes advocated, that central features of Weber's notion of rational legal thought were also central in the theology of the radical Protestants. Examining the legal thought of two groups that appeared during the English Revolution - the Levellers and the Diggers - the essay shows how theology provided these groups with a model for a more predictable law, offered them a source for the norms of their proposed legal system, and motivated the desire for law reform.
AB - Attending to an underdeveloped lacuna in Weber's sociology of law, this essay examines the relationship between Protestant theology and the emergence of modern, rational legal systems. The essay argues that radical Protestantism inspired demands for the rationalization of English law, and while not successful in bringing about the concrete changes advocated, that central features of Weber's notion of rational legal thought were also central in the theology of the radical Protestants. Examining the legal thought of two groups that appeared during the English Revolution - the Levellers and the Diggers - the essay shows how theology provided these groups with a model for a more predictable law, offered them a source for the norms of their proposed legal system, and motivated the desire for law reform.
UR - http://www.scopus.com/inward/record.url?scp=0033248029&partnerID=8YFLogxK
U2 - 10.2307/3115168
DO - 10.2307/3115168
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AN - SCOPUS:0033248029
SN - 0023-9216
VL - 33
SP - 365
EP - 391
JO - Law and Society Review
JF - Law and Society Review
IS - 2
ER -