The metaverse would then be a classic manifestation of rational-legal authority that combines knowledge-based thinking and legal codes to implement its authority. In this lesson, we begin to discuss the origin of this rule statement. This is really the first question in determining the relevant rule statement. Where can I search and which law applies? That is what I call authority. Authority is the cornerstone of any legal analysis. Without authority, the rule statement is at best the author`s opinion and at worst a bad law. Therefore, to be an effective writer, thinker, and legal advocate, one must always start with a solid foundation in the sources of authority of American law, the hierarchy of that authority, and have a good understanding of how these different sources of authority fit together. According to Weber, the rational-legal system was first conceived and perfected by large capitalist corporations and was only later adopted by entities such as the state. State courts apply state laws and regulations and follow state precedents. For example, South Carolina courts must apply South Carolina laws, regulations, and jurisprudence. If a South Carolina court has not ruled on a particular point of law, it may be persuaded by a decision of another state court. The nation-state exercises rational and legal authority by employing bureaucrats to oversee the movement of money (i.e.
tax authorities), pass laws, and operate a judicial system. Rational legal authority is therefore the authority that derives from a legal code implemented by an office that exercises legitimate domination over the subjects of its authority. Each level has its own responsibilities, and each is a classic manifestation of rational and legal authority. B. Primary Authority: Any form of legal authority emanating from a government agency acting in its official capacity. After all, this combination of rational and legal authority appears as an intimidating monolith for the ordinary citizen in a court overwhelmed by its complexity. The modern judicial system is a perfect example of rational legal authority. The army is therefore a classic example of rational and legal authority.
It is centrally organized, highly knowledge-based and hierarchically structured. Leaders do not derive their authority from tradition (e.g. Monarchies or social castes), but of their position within a rational-legal framework. “In rational legal authority, obedience is due to the impersonal order established by law. It extends to persons who exercise their authority by virtue of their powers, only by virtue of the formal legality of their orders and only within the limits of the authority of the office. (Weber, 1978) Secondary authority is not the law. Secondary authorities such as legal dictionaries and encyclopedias, books and treatises, and journal articles explain and analyze the law and help researchers understand and locate primary authorities. For some of you, this may be familiar with high school civics. For others, it could be brand new.
Either way, it`s as important as being able to analyze as a lawyer. So if it`s an exam, when you start your research, it will help you learn to think, write, and defend like a lawyer. If it`s brand new, know that this is just an introduction and you`ll probably have to spend a little more time digging through sources and authority hierarchy once you start your legal studies. Similarly, a state uses this omniscient eye on its citizens as a disciplinary measure. The modern state, with its power of knowledge and control over legal texts, exercises its authority by persecuting and always observing its citizens. Instead, it strives to be efficient and predictable, two necessary preconditions for the development of capitalism, with which rational and legal authority is inextricably linked. While authority in primitive and medieval societies tended to exist either in personal charisma (known as charismatic authority) or in traditions, in modern societies authority most often took rational and juridical form and was transmitted in faceless institutions, legal systems, and bureaucratic structures that would give authority effectiveness and predictability. All these licenses and permits are manifestations of rational and legal authority.
So what is not considered a primary authority? It is anything that does not come from a government actor acting in its official capacity. These other sources of authority are called secondary authority. These are sources such as legal review articles, legal encyclopedias, treatises, and blog posts. In any case, the secondary authority informs you about the law, but it is not a law in itself. Therefore, in legal analysis, it is customary to use the lead authority whenever possible when drafting legislation. Although the branches of government are equal, there is always a hierarchy of legal authority. Rational legal authority (also known as bureaucratic authority) is a form of government in which decisions are made on the basis of laws and regulations rather than on the personal whims of those in power. Identifying the rules that apply to a particular legal issue in your jurisdiction requires legal research. The legal research process involves not only finding legal authorities, but also determining their importance. In a previous course, we discussed deduction and the legal syllogism. In this course, we have discussed the legal importance of identifying the rule statement or the main premise.
The main authority is the law, which includes constitutions, statutes and ordinances, rules and regulations, and jurisprudence. These powers form the rules that the courts follow. With a basic understanding of the structure of the U.S. legal system, available sources of law, and the application of the weight of authority, you`ll be prepared to evaluate the resources you`ll find in your legal research. Federal law For matters of federal law, federal courts apply federal laws and regulations, as well as precedents set by federal courts in their circle. If a federal court in one county has not ruled on a point of law, it may be persuaded by a decision of another federal county. Each level of government has its own bureaucracy with public servants who are experts in their field and make decisions based on rational and legal authority. This makes rational legal authority more resistant to corruption and abuse, as decision-makers can be held accountable for impersonal laws rather than their own self-interest. Thus, the financial system is based on knowledge and rational functioning, is meticulously regulated by legal texts and exercises immense authority over ordinary citizens. Primary authority is simply any form of legal authority that comes from a government agency acting in its official capacity. The four types of primary authority in the federal system are the U.S. Constitution, federal laws codified in something called the U.S.
code, federal regulations, and federal court decisions. The last three correspond directly to the three branches of government. The legislature is responsible for the adoption of laws, the executive branch for regulations and the judiciary for legal decisions. State systems have broadly similar sources of primary authority, state constitutions, state laws, state regulations, and state cases. The rational-legal model contrasts with other forms of government, such as those based on tradition or personal charisma. In a rational and legal system, the legitimacy of authority derives from the law itself, not from the personality or character of those who apply it. Four types of primary authority in the federal system (the last three of which correspond directly to the three branches of the federal government) include. The state employs a huge workforce whose sole purpose is to enforce the laws. This is what we call the state bureaucracy. They collect as much data as possible about citizens – from dates of birth and death to income records, marriage and divorce registrations and everything in between. They then use this data to enforce laws. We also know that the financial system has immense authority over the lives of individuals.
Every shock to the financial system has profound implications. Examples of licensing bureaucracies include: He called it streamlining. It is based on the principles of efficiency, predictability and computability. The system is administered by a highly specialized cadre of judges and lawyers who have been rigorously trained for years and must pass an aptitude test in many countries to pass the law. First, let us distinguish between two types of authority. The former is known as the primary authority and the latter as the secondary authority. “Rational” is derived from the Latin word rationalis, which means the capacity for reason. In Weber`s formulation, the word rational refers to the knowledge of bureaucrats.
Bureaucrats are well-informed based on 2 factors: Court level Whether a decision (case) is binding or persuasive in a particular jurisdiction (state or federal) depends on the level of court that decided it.
