By John R. Schmidhauser

ISBN-10: 0408031654

ISBN-13: 9780408031653

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T h e predictability and rationality considered vitally important as the seventh c o m p o n e n t of a neo-Weberian framework, may, as a matter of experience, b e included in the countervailing conceptual framework. Tigar and Levy note, for example, that some absolute m o n a r c h s or other non-representative rulers have stressed legal predictability and rationality in order to encourage c o m m e r c e and to gain the allegiance of the bourgeoisie (Tiger and Levy: 1977). But for the latter such predictability and rationality is not considered to b e essential.

1967:153). Interestingly enough, an older generation of investigators, the analysts of late 19th and early 20th century imperialism, generally 40 COMPARATIVE JUDICIAL SYSTEMS devoted far m o r e attention to the impact of military conquest and economic penetration u p o n law than contemporary neo-Weberians, neo-Marxians, or "neutral" advocates such as Berman. F o r example, among the contributors to comparative law in the late 19th and early 20th century, James Bryce provided an interesting perspective on the relationship of military conquest and legal development in his Studies in History and Jurisprudence.

Conversely, such judicial and legal elites are trained and socialized to maintain and develop the world capitalist economy or its world socialist alternative in the dependency-based framework. Max W e b e r had placed his major emphasis u p o n the relationship of the attributes of legal systems to capitalism. Thus, his original model did not deal meaningfully with the concept of a socialist legal system. While the O c t o b e r Revolution of 1 9 1 7 occured before Weber's death, W e b e r did not alter his model legal system.

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Comparative Judicial Systems. Challenging Frontiers in Conceptual and Empirical Analysis by John R. Schmidhauser


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