By Stephen P. Turner
First released in 2004. Routledge is an imprint of Taylor & Francis, an informa corporation.
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Extra info for Max Weber: The Lawyer as Social Thinker
Sample text
This evidence speaks, and speaks rather ambiguously at that, to the question of Weber’s attitudes toward a career in the law rather than to his intellectual formation and the sources of his modes of analysis. The considerations of career are nevertheless interesting. One is this: in Germany the law lost the centrality to the task of nation-building that it had when Weber was a student. Economics became more central, and it had become more central to the law itself, a fact Weber was acutely aware of.
A culpable mistake, or some degree of culpable negligence, causing death, will not support a charge of manslaughter; unless the negligence be so gross as to be reckless. (R. v. Noakes, quoted in Austin [1961] 1970: 196) The judge ruled as follows (with the distinctions relevant to the legal idiom in italics): To render a person liable for neglect of duty there must be such a degree of culpability as to amount to gross negligence on his part. If you accept the prisoner’s own statement, you find no such amount of negligence as would come within this definition.
Every type of purely direct concrete description bears the mark of artistic portrayal ([1904] 1949: 107). To be sure, the language of daily life is governed by different purposes, and abstracts from the full reality of the case in a different way. ”2 Austin himself acknowledges a difference in purposes – the overriding need, in the law, for a decision, the requirement that “the charge or action and the pleadings be brought under one or another of the heads and procedures that have come in the course of history to be accepted by the Courts … [and] the general requirement that we argue from and abide by precedents” ([1961] 1970: 188).
