In modern political science and political sociology, the state has been considered to possess duality of coercion and consensus, democratic and repressive institutions, welfare and exploitation functions, and particular interest of dominating class an...
In modern political science and political sociology, the state has been considered to possess duality of coercion and consensus, democratic and repressive institutions, welfare and exploitation functions, and particular interest of dominating class and universal interest for the public. What previous studies on modern state did not give attention, however, was the question in what way those dual aspects relate to each other and such relation determines the internal contradiction and tensions of the political modernity.
This study begins with the above-mentioned questions and aims to reinterpret Max Weber’s theories of the modern politics and state from the sociological perspectives. Among many aspects of Weber’s sociology of domination, this study focuses on the ‘legality’ and ‘violence’ of the modern state, which Weber emphasized as the two central features of the modern state.
On the one side, Weber was convinced that the legale Herrschaft is the most important characteristic of domination in the modern era, as distinguished from traditionale Herrschaft or charismatische Herrschaft. In the modern state, so Weber, both the ruling groups and the ordinary people tend to follow the impersonal rules -such as laws and institutions- that have universal validity within a political community.
But on the other side, for Weber, another central feature of the modern state was the tendency toward the monopoly of legitimate violence by the state (Gewaltmonopol). It is true that the politische Verband or politische Gemeinschaft, which are the basic concepts of Weber’s political sociology, were characterized by the violence and coercion within a given territory. But Weber was on the opinion that particularly in the modern states the chance of a legitimate violence became monopolized on the hand of the state, while every other form of non-state violence tended to vanish.
The focal point of this study is the contradictions, tensions, and dynamics of modern politics which stem from the contingent relationship between the two aspects of the modern state: legality and violence. On the one hand, even though the legal rule is a major characteristic of modern politics, it remains true that the violence monopolized by the state cannot be totally regulated and controlled by the legal rules. On the other hand, even though the state tends to concentrate all forms of violence into its institutional organs, the state violence cannot be freed from the legitimacy claims in the democratic constitutionalist order which have been universalized in modern politics, at least as a normative reference point.
Because Weber developed systematic theories about the rational-legal rule and the monopoly of violence respectively, Weber receptions in the contemporary sociology tended to be diverted into the positions that regard the monopoly of violence as the core argument of Weber’s theory of modern state, on the one side, and, on the other, those who interpreted that Weber found the quintessence of modern politics in the rational-legal rule.
A one-sided overemphasis of one of the dual aspects does not do justice to the complexity, variability, and historical dynamics of the modern politics. In respect to ‘legitimacy claims and validity foundation’, the modern state is always under the pressure to depend exclusively upon the legal rule. But from the viewpoint of ‘means of rule’, the modern state monopolizes all forms of violence, with which it may repress the political organization and expansion of such legitimacy claims from civil society. It is without doubt that Weber is one of the most prominent scholars who theorized the two faces of the modern state. But he did not pay sufficient attention to the antinomies of modernity that have their roots in the tension between the two.