Rättssäkerhet, en idealtyp? En Webersk studie om rättssäkerhetens roll i maktutövande under Covid-19 pandemin.

Detta är en Kandidat-uppsats från Lunds universitet/Rättssociologiska institutionen

Sammanfattning: In Sociology of Law the conceptual dichotomy between “The Rule of Man” and “The Rule of Law” is a pillar of interest for many researchers in the constant exploration of the relationship between law and society. With this study, a preexisting fondness for Max Weber’s theses regarding modern society as a product of an all-encompassing rationalization and bureaucratization constituted the background for the choice in research matter. The innate curiosity for the ways in which his theories of rationalization can apply to the understanding of the rule of law as well as its effect on how authority is exercised inspired the intent of the study, which was to examine how the rule of law can be understood and conceptualized as an ideal-type through an ideal-typical comparative analysis with Weber’s ideal-type for “Rational-Legal Authority”. As well as how the result of that analysis could constitute a theoretical lens for an ideal-typical analysis of the legal proposition made by the government to temporarily expand their authoritative capacity in order to adequately counteract the spread of the Covid-19 virus. The results of the initial analysis and its consequent use on the empirical example presented a substantial amount of mirroring between Weber’s description of the modern society as likened to a monolithic bureaucratic machine ruling through the power of legality with its perceived benefits of objectivity, predictability and efficiency and the way the government employs the rule of law as inherent in the limiting of arbitrary exercises of power.

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