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Relation Between Formal Rationality and Bureaucracy: The Birth of Administrative Law
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Mohammad Jalali   , SeyedAmir Mousavinezhad * |
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Abstract: (466 Views) |
Administrative law is a modern discipline that stems from a new way of thinking about the world and humanity. Furthermore, administrative law is an additional law that regulates the administrative system. The administrative system, like other phenomena in the world, has been greatly transformed by the modern era and has taken on a new shape and form. Modern administration, based on specific principles and methods, manages the social system. These principles and methods cannot be traced in law; rather, they are the manifestation of a new perspective and attitude towards social order, which has led to specific requirements and has forced law and administration to change. That attitude has been called formal rationality in Max Weber's sociology of law. Formal rationality is the way the new mind emerges; which has transformed the modern world and organized its social system in such a way that it must be governed by an administration based on the bureaucratic method, and a special legal knowledge regulates and harmonizes this administration. Thus, administrative law, under the influence of formal rationality, implies a certain type of social order and is not only based on its legal principles. Therefore, understanding administrative law requires understanding the place of formal rationality in the modern world and its requirements for administrative law. In this way, it can be understood how administrative law regulates the social system.
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| Keywords: Max Weber, Formal Rationality, Bureaucracy, Administrative law, Administration |
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Type of Study: Research |
Subject:
Special
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