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Topic: Legal domination

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	Reinhard Bendix, Max Weber, An Intellectual Portrait
		It follows that every system of domination will [Page 297] change its character when its rulers fail to live up to the standards by which they justify their domination and thereby jeopardize the beliefs in those standards among the public at large.
		Under legal domination the "superior" is himself subject to law, and he can undermine the beliefs sustaining the legal order if he uses formal compliance to extend his domination indefinitely.
		The contrast between the frequency of compliance and the legal question of normative validity aside from questions of actual behavior is discussed in ibid., pp.
	www.cla.wayne.edu /polisci/kdk/comparative/SOURCES/weber1.htm (2577 words)

	On Weber
		Legalism supported the development of capitalism by providing a stable and predictable atmosphere; capitalism encouraged legalism because the bourgeoisie (capitalist class) were aware of their own need for other types of government structure.
		There is a potential conflict between legal rationalism of logically formal types and a legal system's creative capacity to generate new substantive concepts and institutions required by a changing economic structure.
		Legal change was a consequence of the English King's (Henry II) effort to consolidate their power.
	www.runet.edu /~junnever/law/OnWeber.htm (2425 words)

	North Carolina Appellate Court Cases - Opinions of Court Case Law from NC - North Carolina Court - unoffical reports - ...
		The trial court's instruction on the statutory mitigating circumstance of domination by another was not erroneous because one or more of the alternatives set forth in the general legal definition of domination in the first portion of the instruction may not have applied directly to the facts of this case.
		Now, a defendant acts under the domination of another person if he acts at the command or under the control of the other person or in response to the assertion of any authority to which the defendant believes he's bound to submit or which the defendant did not have sufficient will to resist.
		The instruction gave a generalized legal definition of domination, and the fact that one or more of the alternatives may not have applied directly to the facts of the instant case does not render the instruction erroneous.
	www.romingerlegal.com /northcarolina/HTML/064-96-1.htm (7188 words)

	Mexican Law Review
		The purest type of rational-legal domination is expressed in bureaucracy, in which "the principles of office hierarchy and of levels of graded authority mean a firmly ordered system of super- and subordination in which there is a supervision of the lower offices by the higher ones.
		The purest type of this type of domination is represented by patriarchalism, the paterfamilias, the village chief, the father of the nation or any example of "superiority" that successfully assumes legitimate domination based on tradition, although Weber himself states that this last type does not possess a description as precise as the others.
		The leader’s domination lives on while he has the support of his god, both his physical as well as intellectual personal strength, or the faith of those who believe in him, or the primary conditions that favored the triumph of the charismatic figure.
	info8.juridicas.unam.mx /cont/1/arc/arc2.htm (9964 words)

	Sociology 250 - Notes on Max Weber
		Examples of dominance could include parent-child relationships, employer-employee relationships, teacher-student, domination within the family, political rule that is generally accepted and obeyed, or the relation between a priest and church member.
		This definition of domination also eliminates those types of power that are based on sheer force, because force may not lead to acceptance of the dominant group or voluntary compliance with its orders.
		Rather, domination is legitimate when the subordinate accept, obey, and consider domination to be desirable, or at least bearable and not worth challenging.
	uregina.ca /~gingrich/o12f99.htm (3483 words)

	The Problem of Perspectivelessness (Site not responding. Last check: 2007-11-02)
		In the domination model the search for a particular perpetrator is not as important as seeking to remedy the conditions which render the community in question subordinate to whites.
		Under the domination model, intentionality--which is the determinative factor under the discrimination model--is but an additional insult to an already established injury.
		Moreover, the reasonableness of a particular legal framework or resolution depends, in turn, on whether the perspective it empowers happens to be a perspective that is familiar to or shared by the analyst.
	www.udayton.edu /~aep/online/students/studen03.htm (929 words)

	Paul Bullen: Charismatic Domination
		A political organization based on domination is a "state" if the staff not only uses physical force in enforcing a master’s commands over all who live in a geographic area, but that staff successfully upholds a claim to a monopoly of the legitimate use of such force.
		Domination based on charismatic legitimation changes in the direction a domination based on ‘routine" legitimation, that is, either traditional or rational-legal, or a combination of the two.
		One relevance of hereditary charisma to political domination is that often the child, relative, or descendent of a charismatic leader is in a strong position to claim the right to rule.
	paul.bullen.com /BullenCharisma.html (8989 words)

	Evgeny Pashukanis: General Theory of Law and Marxism (Chap.4)
		The sphere of domination, which has assumed the form of a subjective right, is a social phenomenon which is attributed to the individual on the same basis as which value, also a social phenomenon, is attributed to an object, to a product of labour.
		In the development of legal categories, the ability to execute exchange transactions is only one of the concrete phenomena of the general quality of the capacity to have legal rights and to conduct transactions.
		The intensification of the transcendence of the legal form would be reduced to the gradual transition from the equivalent method of distribution – definite quantities of products for definite quantities of labour – to the realization of the formula of developed communism: “from each according to his abilities, to each according to his needs”.
	www.marxists.org /archive/pashukanis/1924/law/ch04.htm (5680 words)

	Law and society
		Legal rights and the notion of the juridic subject develop in the same way as commodity fetishism (creates appearances of equality, free will, and proprietorship).
		Legitimate domination, is tied to the evolution and acceptance of rules that are seen as autonomously developed by legal experts who objectively and logically construct a body of laws that have general applicability.
		Moral and legal theory should not be goal- or duty- based but rights-based, upholding principles (rights) over policies (collective goals), so as to respect everyone’s right to equality of concern and respect.
	www.ags.uci.edu /~dkieso/lands.htm (4558 words)

	Brazilian State and Society - Towards a Global Interpretation, Simon Schwartzman and Fernando Uricoechea, 1978
		Thus, the type of traditional domination that, in the long run, is to prevail historically is to a large degree dependent on the existence of a stratum of independent, allodial landlords.
		What counts is ultimately the kind of principle that legitimates the administration's system of action: whether traditional, as in the case of patrimonial and feudal domination, or legal rational, as in the case of bureaucratic rule.
		The resulting type of domination will share with the ideal-typical bureaucracy the officer's dependence on the political ruler and the government's use of rational means to attain its goals.
	www.schwartzman.org.br /simon/uricoech.htm (8172 words)

	Right to Self Determination - Hector Gros Espiell
		Whatever legal formula may be used to conceal alien domination, the right of the subject people cannot be disregarded without international law being violated...
		Whatever legal formula may be used in an attempt to conceal alien domination, the right of the subject people cannot be disregarded without international law being violated...
		Since the warlike conflicts resulting from the struggle of peoples against colonial and alien domination are not civil wars but international armed conflicts, third States are not bound by the duty of non-intervention in the conflict, since on the contrary there is a positive legal obligation to assist a people struggling against colonial domination.
	www.tamilnation.org /selfdetermination/80grosespiell.htm (11031 words)

	Autonomy-Community Balance/Equity-Law Distinction
		Despite law's dominance, echoes of earlier forms of social organization more in keeping with optimal well-being may be identified in legal doctrine related to such topics as the distinction between law and equity, jury nullification, and the Ninth Amendment, all of which have been subject to much criticism.
		They seek to end hierarchy and domination and to enhance empowerment and self-management, recognizing that the centralized state, even a benevolent one, is inherently destructive of both individual autonomy and psychological sense of community--a phenomenon that Sarason (1976/1982) called the central anarchist insight.
		Of primary concern here is the anarchist assumption that, although law is dominant and efforts to achieve both individual autonomy and a psychological sense of community are everywhere hindered, the urge for communal individuality is so fundamental that the law has not been able to extinguish it.
	www.dennisfox.net /papers/balance.html (5752 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		Legitimacy of rule is grounded in the faith that the ruled vest in the leader (e.g., a prophet, hero, heroine, or demagogue).
		The administrative apparatus under this mode of domination is very loose, unstructured, and unstable, usually working through the activities of a few disciples or intermediaries.
		Until pressured by host governments, they were exported in a raw state, at considerable profit but with little benefit to the host country either financially or in terms of economic development.
	www.utm.edu /staff/mikem/LaquishaMorganCh9.doc (1418 words)

	Legal Secrets Revealed
		Because of lawyer monopoly of the legal services profession, 75% (American Bar Association estimate) of the lower income Americans cannot afford the cost of the legal system and therefore are denied access and their shot at justice.
		Ultimately, it is the hope of the author that Legal Secrets Revealed may show what happens even in a free democracy when any arm of government is permitted to operate in secrecy, behind closed doors and act as it's own policing agency as has been the case with the American judicial system.
		His experiences in the civil justice system are priceless, both with lawyer representation and as a no lawyer pro se litigant fighting lawyer fraud and judicial abuse from the local courts to the appellate courts to the federal courts and on to the US Supreme Court.
	www.atps.com /shlc/shlc45.htm (2373 words)

	Beirne + Sharlet: Introduction to Pashukanis (1979)
		In the development of legal categories, the capacity to perfect exchange relationships is merely one of the concrete manifestations of the general attribute of legal capacity and the capacity to act.
		As with the legal form in general, the actions of specific actors are dissolved into the actions of abstract parties – the state, as one party, imposes punishment according to the damage effected by the other party, the criminal.
		As an indication of his growing impact on Soviet legal development, he was assigned the task of preparing a textbook on the general theory of law and state, and was chosen to represent the Communist Academy on the commission for drafting the fundamental principles of civil legislation, created by the USSR Council of People’s Commissars.
	www.marxists.org /archive/pashukanis/biog/biogintro.htm (11787 words)

	What is Rule of Law
		To Weber, only a formally rational legal system can achieve "legal domination" (rule of law) through consistent application of general rules, because only a formally rational legal system can maintain a "consistent system of abstract rules" that is necessary for rule of law.
		In fact, some western legal scholars regard procedural justice as the only workable method for reaching substantive justice, and to these scholars procedural justice should be the only concern of the players within the formally rational legal system.
		As such, when we study the western conception of rule of law, we should not forget that western legal scholars have been living in a constitutional state for so long that they are used to forgetting the importance of liberal constitutionalism in guaranteeing the just content of law.
	www.oycf.org /Perspectives/5_043000/what_is_rule_of_law.htm (3508 words)

	AEM-No Monarchy
		The concept of a monarchy or royal family, which supports the institutionalised domination by one group of people over the rest of the society, is in direct conflict with an Egalitarian philosophy.
		genetic/feudal/class domination (Social and economic power is kept within the family or ruling class through inheritance, which is justified on a genetic basis.
		Possessing greater skills or talent is not a legal reason to hold more social or economic power if you are not a member of the ruling class).
	www.aem.org.au /monarchy.htm (423 words)

	Critical legal theory - Wex
		Critical legal studies (CLS) (http://www.wvu.edu/%7Elawfac/jelkins/critproj/cls.html) is a theory that challenges and overturns accepted norms and standards in legal theory and practice.
		CLS has borrowed heavily from Legal Realism the school of legal thought that flourished in the 1920s and 1930s.
		Like CLS scholars, legal realists rebelled against accepted legal theories of the day and urged more attention to the social context of the law.
	www.law.cornell.edu /topics/critical_theory.html (379 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		CLS's broad attack on legal discourse as "itself a form of political domination and a barrier to progressive change" n14 inspired a deluge of radical criticism of the traditional role of law in society.
		On one hand, CLS seeks "to demystify" n25 legal norms and expose their non-neutral functions, while on the other hand, it attempts to create a better understanding of what it is to be human so as to better fuse law and society.
		Not surprisingly, the vital formalist concept was legal "autonomy." Legal reasoning, the formalists argued, could "generate outcomes in controversial disputes independent of the political or economic ideology of the judge." n45 Law was a science that could exist apart from the political and social realm, "consist[ing] of certain principles or doctrines.
	www.robertounger.com /turley.doc (9756 words)

	N° 49/2001-Résumé des articles (Site not responding. Last check: 2007-11-02)
		It asserts that the lack of tools provided by the international relations theories regarding this question may be overcome by the transposition of the Weberian " ideal-type " of " legal domination " to a subject normally not designed to be apprehended by such a tool.
		After having pointed out how these various meanings may be combined, the author shows that legal regulation is now produced by a set of different actors, standing in different legal spheres.
		In order to cope with the growing number of legal actions, the huge recruitment of new judges in the French administrative courts through supplementary entrance examinations over the last ten years has resulted in a diversification of the kinds of capital which are effective in the field of the national administrative justice.
	www.reds.msh-paris.fr /publications/revue/sommaire/49resu.htm (2340 words)

	Imminent Domination -- In These Times
		The lawyers for the homeowners came from the Institute for Justice, a libertarian legal group that is part of the property rights movement.
		The U.S. constitution is a legal document that behaves the same way as any contract - it defines relationships based on sets of conditions and limitations.
		Our system of law has become so perverse that in order for an act to be legal, our elected representatives must first pass a law to legitimize said act.
	www.inthesetimes.com /site/main/article/2340 (2160 words)

	Law.com - 9th Circuit Dominates Top Docket
		The 9th Circuit had allowed a man abducted from Mexico to sue the United States for false arrest.
		Legal scholars offer a handful of explanations for the circuit's increasing domination of the high court docket, which they noticed a few years ago.
		One reason may be that the West is a cultural and economic powerhouse, a place where novel legal issues are simply more likely to come up.
	www.law.com /jsp/article.jsp?id=1088439705222 (1038 words)

	Domination Homepage - online
		The paper edition of Domination is still in the pipeline, we have recieved paper graphics from famed artist Duce/Extend and Doom/Onslaught.
		Maintained by co-editor Tyron/Hitmen, the Domination homepage is one of the better places to catch up on all the latest news regarding Domination and the C64 scene.
		To be specific we need more help in the legal section, so please contact us soon if you feel your qualified and want to work comfortably with an efficient group of people.
	www.geocities.com /SiliconValley/Lakes/9995/d_online.htm (4975 words)

	[No title] (Site not responding. Last check: 2007-11-02)
		It is characterized by the words, “legal domination”.
		Another aspect of “rule of law” is equality before law, meaning that all people are seen equally in the eyes of the law and no man should be above another in the eyes of the law.
		This basically means that only a formally rational legal system can achieve "legal domination" (rule of law) through consistent application of general rules, because only a formally rational legal system can maintain a "consistent system of abstract rules" that is necessary for rule of law.1 List five central elements of punishment.
	home.earthlink.net /~anonymous_angel/data/School/CrimLawQA1.doc (471 words)

	Jeffrey Killian PS 405
		domination that he recognized as legitimate forms of authority: charismatic,
		Traditional domination is when the citizens or organizations follow a
		Rational-legal domination are rules, laws, and established principles that
	cstl-cla.semo.edu /walling/morgan9byjeffk.htm (446 words)

	InternationalLaw101Class#8 Resolution 3103: Legal Status of Combatants Struggling Against Alien Domination and Racist ...
		Resolution 3103, The Legal Status of Combatants Struggling Against Alien Domination and Racist Regimes, was agreed to in 1973.
		The struggle of peoples under colonial and alien domination and racist regimes for the implementation of their right to self-determination and independence is legitimate and in full accordance with the principles of international law.
		The use of mercenaries by colonial and racist regimes against national liberation movements struggling for their freedom and independence from the yoke of colonialism and alien domination is considered to be a criminal act and the mercenaries should accordingly be punished as criminals.
	www.asetbooks.com /us/asetu/Courses/InternationalLaw101/IntLaw1-8.html (478 words)

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