1) discuss how Weber’s concepts of rationality and bureaucracy apply to law and how law functions in society. What are some challenges or negative aspects of bureaucracy? Use a contemporary example in your discussion.

***Use reference to the lecture and readings***

WEBER, AUTHORITY, AND DOMINATION CJ 301 WEEK 7 FALL 2018 WEBER • One of the founding fathers of sociology • Rationalization • Bureaucracy • Authority • Legal Domination RATIONALITY • The quality or state of being rational – that is being based on or agreeable to reason • Implies the conformity of one’s beliefs with one’s reason’s to believe, and of one’s actions with one’s reasons for action RATIONALIZATION • The rationalization process is the practical application of knowledge to achieve a desired end. • It leads to efficiency, coordination, and control over both the physical and the social environment. • It is the guiding principle behind bureaucracy and the increasing division of labor. • It has led to the unprecedented increase in both the production and distribution of goods and services. RATIONALIZATION OF SOCIETY • E fficiency: achieving the maximum results with a minimum amount of effort • P redicta bility: a desire to predict what will happen in the future • Ca lcula bility: a concern with numerical data, i.e., statistics and scoring • Dehum a niz ation: employing technology as a means to control human behavior ACTIVITY • Please recreate, on paper, the steps taken when ordering a meal at McDonald’s. • In as much detail as possible, outline the steps a customer takes when ordering and eating a meal at McDonald’s, from the moment s/he enters the restaurant to the moment s/he leaves. Please include any gestures or language that is typical in this encounter. • Have you ever worked in a fast food restaurant? Which one? What did you do there? ACTIVITY • With your group share the results of your individual recollections of your experiences at McDonalds. • Did you ever have any bad experiences at McDonald’s? • Were any of your expectations unfulfilled? • Compare McDonald’s to a non-fast food restaurant. In what ways do they differ? How are they the same? • Did you witness any rules that were followed or broken? Was there an authority figure or hierarchical system that you observed or noticed? RATIONALIZATION • Under the rule of specialization, society becomes more and more intricate and interdependent, but with less common purpose. • The community disintegrates because it loses its common bond. • The emphasis in bureaucracies is on getting the job done in the most efficient manner possible. RITZER’S MCDONALDIZATION • A society characterized by rationality is one which emphasizes: • Efficiency • Predictability • Calculability • Substitution of non-human for human technology • Control over uncertainty EFFICIENCY • Best means to an end • Ex: bureaucratic systems are seen as the best way of dealing with administrative tasks • Ex: fast food restaurants are an efficient way to obtain a meal • Ex: specialized and mass classes in schools are designed to increase efficiency • Is the criminal justice system efficient? PREDICTABILITY • Wanting to know what to expect • To ensure predictability overtime and place, a rational society must emphasize things such as discipline, order, systematization, formalization, and routine. CALCULABILITY • Emphasis on quantifiable measures. • Things that can be counted. • Ex: meeting educational objectives is measured through tests, assessments, and grades. SUBSTITUTION OF NON-HUMAN TECHNOLOGY • Limits to what humans can do in terms of rationality. • Ex: reliance on computers. • Ex: surveillance cameras and metal detectors • Ex: at fast food restaurants, the ability of employees to act autonomously is eliminated by techniques, procedures, routines, and machines. CONTROL • Rational systems are oriented toward, and structured to expedite, control in a variety of senses. • Rational systems are set up to allow for greater control over the uncertainties of life such as birth, death, food production and distribution, housing, etc. • Rational systems are also set up to allow for greater control over the uncertainties of social life – other people. • Ex: control over subordinates by superiors, • Ex: control over students by teachers. RATIONALIZATION • Rationalization causes the weakening of traditional and religious moral authority (secularization); the values of efficiency and calculability predominate. • In an advanced industrial-bureaucratic society, everything becomes a component of the expanding machine, including human beings. BUREAUCRACY • According to Weber, bureaucracies are goal-oriented organizations designed according to rational principles in order to efficiently attain their goals. • Bureaucracy can be defined as institutionalized rationality in an organization • Bureaucracy can be considered a particular case of rationalization applied to human organization CHARACTERISTICS OF BUREAUCRACY • To study the organization of modern social structures, Weber developed the characteristics of an ideal-type of bureaucracy: • Hierarchy of authority • Impersonality • Written rules of conduct • Promotion based on achievement • Specialized division of labor • Efficiency BUREAUCRACY: • Sets rules • Procedures • Positional hierarchy • Technical training and skills for each position • Sets positional roles BUREAUCRATIC PROCESS • Offices are ranked in a hierarchical order, with information flowing up the chain of command, directives flowing down. • Operations are characterized by impersonal rules that explicitly state duties, responsibilities, standardized procedures and conduct of office holders. • Offices are highly specialized. BUREAUCRATIC PROCESS • Appointments to these offices are made according to specialized qualifications rather than ascribed criteria. • All of these ideal characteristics have one goal, to promote the efficient attainment of the organization’s goals. OFFICES & POSITIONS IN A BUREAUCRATIC SYSTEM • Positions do not belong to individuals but the organization • Can lead to rigidity to the point of irrationality • Rationality comes to dominate society to the point which it destroys humanity • Blindly following formal rationality DARK SIDE OF BUREAUCRACY • Weber argues that bureaucracy can operate “without a regard for persons” (Weber 1922) and as a result can become inhumane because it focuses on carrying out tasks or duties according to the rules and indifferent to the outcomes or their effect on people. IRRATIONALITY OF RATIONALITY • Overarching label for all the negative effects of rationalization. • There are inefficiencies and unpredictabilities that are often produced by rational systems. • Rationality brings with it a great dehumanization as people are reduced to acting like robots. WEBER & LAW • Weber analyzed law along two dimensions: 1. The degree to which law is formal 2. The degree to which law is rational FORMALITY • Formality refers to a legal system’s strict procedures and evidence rules • Often coupled with the relative autonomy of legal institutions or legal personnel. AUTHORITY • Weber provided a conceptual framework for a systematic analysis of the role of law in securing political legitimacy. • Authority is control that people see as legitimate. • Legal domination is an ideal type IDEAL TYPES • An ideal type is a model of something that is supposed to be structured and function as it is meant to. • Ex: Prison • Ideal-typically would house prisoners safely and would correct their behavior • Real prisons deviate from this. • Comparing an ideal-type and real prison might show us why. LEGAL DOMINATION • The system of political rule in modern states that obtain its legitimacy from the existence of a system of rationally made legal rules • Designates powers of command as exercisable in accordance with the rules. • Rationally created and systematically ordered rules officially define the scope of power and provide its legitimacy. TAKE HOME • Rationalization • An attempt to optimize action by finding the most efficient way of doing things • Bureaucracy • Constitutes the most efficient and rational way to organize human activity and that systematic processes and organized hierarchies are necessary to maintain order, maximize efficiency, and eliminate favoritism. • Authority • Control that people see as legitimate • Legal Domination • Rationally created and systematically ordered rules officially define the scope of power and provide its legitimacy