Rule can be limited not only by general traditions or statutes but also by specific social relationships and organisations, notably (1) privileges and separation of powers by social rank in patrimonial or feudal rule, (2) extra‑hierarchical agencies that supervise, legislate, or control resources in bureaucratic rule, and (3) the principle of collegiality, which strips any form of rule of its purely monocratic character.
By Max Weber, from Economy and Society
Key Arguments
- Weber distinguishes his topic from the mere fact that rulers are bound by norms, saying 'The fact of limitation of rule as such, through being bound by tradition or statute, is not here at issue', and instead focuses on 'specific social relationships and organisations that limit rule.'
- He notes that 'Patrimonial or feudal rule is limited by privileges of social rank, to the greatest extent by the separation of powers by social rank (§8)—these relationships have already been discussed.', identifying estates and rank‑privileges as structural limits.
- For bureaucratic rule he lists agencies that 'have a right to exist alongside the bureaucratic hierarchy' and that may 'a) supervise and possibly check adherence to statutes; or b) have a monopoly of the creation of all statutes ...; perhaps, and most importantly, c) monopolise the granting of authorisation for the means needed by the administration.', thereby constraining bureaucratic discretion.
- He adds that 'Any form of rule can be stripped of its monocratic character, bound to one person, by the principle of collegiality.', introducing collegiality as a cross‑cutting limitation applicable to all types of domination.
Source Quotes
Collegiality and the Separation of Powers §15. Rule can be circumscribed or limited by special traditional or rational means. The fact of limitation of rule as such, through being bound by tradition or statute, is not here at issue, having been dealt with in §3 above.
Rule can be circumscribed or limited by special traditional or rational means. The fact of limitation of rule as such, through being bound by tradition or statute, is not here at issue, having been dealt with in §3 above. Here we are concerned with specific social relationships and organisations that limit rule. 1.
Here we are concerned with specific social relationships and organisations that limit rule. 1. Patrimonial or feudal rule is limited by privileges of social rank, to the greatest extent by the separation of powers by social rank (§8)—these relationships have already been discussed. 2.
Patrimonial or feudal rule is limited by privileges of social rank, to the greatest extent by the separation of powers by social rank (§8)—these relationships have already been discussed. 2. Bureaucratic rule can be limited (and where the legal type is most fully developed, it must normally be so limited, so that rule can take place only according to rules) by agencies that have a right to exist alongside the bureaucratic hierarchy, and which: a) supervise and possibly check adherence to statutes; or b) have a monopoly of the creation of all statutes, or of the scope of those relevant to the freedom of officials to make dispositions as they see fit; perhaps, and most importantly, c) monopolise the granting of authorisation for the means needed by the administration. There will be separate discussion of this below (§16).
There will be separate discussion of this below (§16). 3. Any form of rule can be stripped of its monocratic character, bound to one person, by the principle of collegiality. This can itself take different forms, however: a) Alongside monocratic incumbents of the power to rule there will be other, equally monocratic incumbents possessing through tradition or statute the effective possibility of deferring or nullifying measures introduced by the former (collegial veto).
Key Concepts
- Rule can be circumscribed or limited by special traditional or rational means.
- The fact of limitation of rule as such, through being bound by tradition or statute, is not here at issue, having been dealt with in §3 above. Here we are concerned with specific social relationships and organisations that limit rule.
- 1. Patrimonial or feudal rule is limited by privileges of social rank, to the greatest extent by the separation of powers by social rank (§8)
- 2. Bureaucratic rule can be limited (and where the legal type is most fully developed, it must normally be so limited, so that rule can take place only according to rules) by agencies that have a right to exist alongside the bureaucratic hierarchy
- 3. Any form of rule can be stripped of its monocratic character, bound to one person, by the principle of collegiality.
Context
Opening of §15 'Collegiality and the Separation of Powers', where Weber broadens his earlier discussion of legitimacy to focus on organisational mechanisms that structurally limit rulers and bureaucracies.