Book Review:
Joan Tronto, Law and Modernity: The Significance of Max
Weber’s Sociology of Law (reviewing Anthony Kronman's Max
Weber), 63 Texas L. Rev. 565 (1984).
Abstract:
In “Law and Modernity.” Joan Tronto reviews and criticizes
Anthony Kronman’s Book “Max Weber.” In “Max Weber,” Kronman
attempts to identify certain philosophical assumptions that
underlie and unify Weber’s essay “Sociology of Law,” or “Rechtssoziologie.”
According to Tronto, Kronman presents three primary arguments.
First, Kronman claims that the concepts of positivity of values
and will-centered conception of personhood lend coherence to
Weber’s sociology of law. Second, Kronman contends that those
two concepts are helpful in explaining Weber’s entire sociology,
especially his concern with the nature of modernity. Third,
Kronman asserts that “Sociology of Law” is consistent with and
crucial to Weber’s other writings. Tronto agrees with Kronman’s
conclusion that Weber’s basic philosophical concerns inform his
sociology of law. However, Tronto devotes the bulk of his review
to attemptoing to demonstrate the Kronman misunderstands the
most fundamental implications of Weber’s theory of sociology.