Rational Law and Boundary Maintenance
Legitimating the 1971 Lockheed Loan Guarantee
Bibliographic Data
| ID | 4882579 |
|---|---|
| Authors | Gerald Turkel (corresponding author) |
| Year | 1981 |
| Volume | 15 |
| Issue | 1 |
| Pages | 41-77 |
| Publication date | 1981-01-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Society Review (JOURNAL) |
| Journal identifiers | ISSN: 0023-9216 • E-ISSN: 1540-5893 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.2307/3053222 |
| OpenAlex | W2318303704 |
| Language | EN |
| Citations received | 4 |
| References cited | 33 |
Neo-Marxian critiques of Max Weber's theory of rationality have stressed the ideological role of legal formalism. At the analytic level, however, Weber's theory points to sources of potential conflict between legal formalism and economic rationality. This paper critically reconstructs Weber's perspective for analyzing the boundary maintaining categories of legal discourse. A case study of the 1971 federal loan guarantee to Lockheed Aircraft Corporation demonstrates that while both market ideologies and administrative principles partially bounded the debate over the legislation, this debate did not resolve the question of which businesses should potentially receive government support. This substantive issue raised problems of legal particularism that undermined the universal claims of legal rationality and required an expansion of boundary categories beyond legal formalism, yielding a more economically and politically open discourse
Boundary (topology · Business · Economics · Law and economics · Loan · Political science · Finance · Law · Mathematics · Political Economy and Marxism · Political theory and Gramsci · Politics and Society in Latin America
Max Weber on the Methodology of the Social Sciences
The Transformation of American Law, 1780–1860
The Fiscal Crisis of the State
Form and Substance in Private Law Adjudication
Studies in ethnomethodology
The welfare state and equality
The Theory Of Social And Economic Organization
The Powers That Be
Max Weber on Law and the Rise of Capitalism
Selections from the Prison Notebooks
Law in Modern Society
The Modern World-System I
The Critique of Domination
The Higher Circles
Toward a Rational Society
The Arms Bazaar
Political Authority and Class Structures – An Analysis of Late Capitalist Societies
On Law in Economy and Society
Legal Positivism and Bourgeois Materialism
Complexity and Contradiction in the Legal Order
Analyzing Power Structures
Law and the Balance of Power
Commodity Form and Legal Form
Testing Durkheim
The Transformation of American Law, 1780-1860
The Welfare State and Equality
Central Problems in Social Theory
Rethinking Sociology
Max Weber and Sociology Today
The Concept of Rationality in the Work of Max Weber
| Unique citing works | 4 |
|---|---|
| Citations per year | 0,1 |
| Citation span | 1987 - 2002 (16) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 4 |