The basic structural categories of rational–legal rule are: rule‑governed performance of official functions; a sphere of competence defined by division of labour, assigned powers of command, and clearly demarcated means of compulsion; a hierarchy of authority; and codified rules of procedure requiring specialist training, with participation in administration normally restricted to professionally qualified officials.

By Max Weber, from Economy and Society

Key Arguments

  • Weber states that 'The basic categories of rational rule are therefore 1. the continuing rule-governed conduct of official functions within 2. a sphere of competence that covers a) a substantive separation of duties based on a division of labour b) with assignation of the required powers of command and c) with definite demarcation of the means of compulsion probably required, and the conditions for their use.'
  • He defines an operation organised in this way as a 'public authority (Behörde)' and notes that such 'authorities' exist 'in large private enterprises, parties, and armies in exactly the same way as in “state” and “church.”'
  • He adds 'the principle of administrative hierarchy (Amtshierarchie), the ordering of permanent supervisory instances for each public authority having right of appeal or of registering grievances made by subordinates with respect to their superiors.'
  • He introduces 'the “rules” of procedure, which can be a) technical rules, or b) norms. In both cases, their application makes specialist training necessary for complete rationality.'
  • From this he concludes that 'participation in an organisation’s administrative staff is normally open only to those who can certify that they have received specialist training and have become qualified; only such a person is capable of appointment as an official.'

Source Quotes

5. in conformity with 3., the idea prevails that members of the organisation in obeying the ruler are obedient not to his or her person, but to impersonal orders, and so they owe this obedience only within this established, rationally bounded substantive competence. The basic categories of rational rule are therefore 1. the continuing rule-governed conduct of official functions within 2. a sphere of competence that covers a) a substantive separation of duties based on a division of labour b) with assignation of the required powers of command and c) with definite demarcation of the means of compulsion probably required, and the conditions for their use. An operation ordered in this manner will be called a “public authority” (Behörde).
The basic categories of rational rule are therefore 1. the continuing rule-governed conduct of official functions within 2. a sphere of competence that covers a) a substantive separation of duties based on a division of labour b) with assignation of the required powers of command and c) with definite demarcation of the means of compulsion probably required, and the conditions for their use. An operation ordered in this manner will be called a “public authority” (Behörde). There are “authorities” in this sense in large private enterprises, parties, and armies in exactly the same way as in “state” and “church.”
An operation ordered in this manner will be called a “public authority” (Behörde). There are “authorities” in this sense in large private enterprises, parties, and armies in exactly the same way as in “state” and “church.” An elected state president is also an “authority” according to this terminology (or a minister’s council or elected “popular representatives”).
Not every authority has powers of command in the same sense, but this differentiation is of no importance here. There is then also the question of 3. the principle of administrative hierarchy (Amtshierarchie), the ordering of permanent supervisory instances for each public authority having right of appeal or of registering grievances made by subordinates with respect to their superiors. There are, however, different ways of determining whether and when the instance with which the grievance was registered itself has the power to replace an instruction requiring change, or whether this is delegated to the subordinate office about whom the complaint was first made.
There are, however, different ways of determining whether and when the instance with which the grievance was registered itself has the power to replace an instruction requiring change, or whether this is delegated to the subordinate office about whom the complaint was first made. 4. the “rules” of procedure, which can be a) technical rules, or b) norms. In both cases, their application makes specialist training necessary for complete rationality. Hence, participation in an organisation’s administrative staff is normally open only to those who can certify that they have received specialist training and have become qualified; only such a person is capable of appointment as an official.

Key Concepts

  • The basic categories of rational rule are therefore 1. the continuing rule-governed conduct of official functions within 2. a sphere of competence that covers a) a substantive separation of duties based on a division of labour b) with assignation of the required powers of command and c) with definite demarcation of the means of compulsion probably required, and the conditions for their use.
  • An operation ordered in this manner will be called a “public authority” (Behörde).
  • There are “authorities” in this sense in large private enterprises, parties, and armies in exactly the same way as in “state” and “church.”
  • 3. the principle of administrative hierarchy (Amtshierarchie), the ordering of permanent supervisory instances for each public authority having right of appeal or of registering grievances made by subordinates with respect to their superiors.
  • 4. the “rules” of procedure, which can be a) technical rules, or b) norms. In both cases, their application makes specialist training necessary for complete rationality.

Context

Middle of §3, where Weber derives the structural features that define rational–legal rule from the preceding legitimacy beliefs.