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Under rational-legal authority, legitimacy is seen as coming from a legal order and the laws that have been enacted in it (see also natural law and legal positivism).. Weber defined legal order as a system where the rules are enacted and obeyed as legitimate because they are in line with other laws on how they can be enacted and how they should be obeyed.
While the monopoly on violence as the defining conception of the state was first described in sociology by Max Weber in his essay Politics as a Vocation (1919), [1] the monopoly of the legitimate use of physical force is a core concept of modern public law, which goes back to French jurist and political philosopher Jean Bodin's 1576 work Les ...
rational-legal authority (modern law and state, bureaucracy). These three types are ideal types and rarely appear in their pure form. According to Weber, authority (as distinct from power (German: Macht)) is power accepted as legitimate by those subjected to it. The three forms of authority are said to appear in a "hierarchical development order".
Weber divided legitimate authority into three types: The first type discussed by Weber is legal-rational authority. It is that form of authority which depends for its legitimacy on formal rules and established laws of the state, which are usually written down and are often very complex. [16]
Both Weber's law and Fechner's law were formulated by Gustav Theodor Fechner (1801–1887). They were first published in 1860 in the work Elemente der Psychophysik ( Elements of Psychophysics ). This publication was the first work ever in this field, and where Fechner coined the term psychophysics to describe the interdisciplinary study of how ...
National Foreign Trade Council, 530 U.S. 363 (2000), that even when a state law is not in direct conflict with a federal law, the state law could still be found unconstitutional under the Supremacy Clause if the "state law is an obstacle to the accomplishment and execution of Congress's full purposes and objectives". [30]
According to Weber, the ability to possess power derives from the individual's ability to control various "social resources". "The mode of distribution gives to the propertied a monopoly on the possibility of transferring property from the sphere of use as 'wealth' to the sphere of 'capital,' that is, it gives them the entrepreneurial function and all chances to share directly or indirectly in ...
A State Supreme Court, other than of its own accord, is bound only by the U.S. Supreme Court's interpretation of federal law, but is not bound by interpretation of federal law by the federal court of appeals for the federal circuit in which the state is included, or even the federal district courts located in the state, a result of the dual ...