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Volume: 4,Number: 1, Date: 1958, Pages: 1-11
THE THREE TYPES OF LEGITIMATE RULE-l(-
by
Max Weber
Translated by Hans Gerth
Authority means the probability that a specific command will be
obeyed. Such obedience may feed on diverse motiveso It may be determined by sheer interest situation, hence by the compliant actor's calculation of expediency; by mere custom, that is the actor's inarticulate
habituation to routine behavior; or by mere a.ffect, that is purely
personal devotion of the governedo A structure of power, however, if it
were to rest on such foundations alone, would be relatively unstable.
As a rule both rulers and rules uphold the internalized power
structure as "legitimaten by right, and usually the shattering of this
belief in legitimacy has far-reaching ramificationso
There are but three clearcut grounds on which to base the belief
in legitimate authority. Given pure types each is connected with a fundamentally different sociological structure of executive staff and means of
administration.,
*Copyright 19.53 by Hans H.. Gertho Editor s note: Weber's "Three
Types of Legitimate Rulett appeared posthumously in the Preussische Jahrbuecher in 1922 (vol. 187, pp l-12)., This exposition was not inclu~
in the first editions of Wirtschaft und Gesellschaft (The Theory of Social
and Economic Organization)., In 1949-;-Eowever, Johanne'S'Winckelmann proposed a reorganization of Wirtschaft und Gesellschaft, largely on the
basis of Weber's original piano (Johannes WinckeJiilann, "Max Webers Opus
Posthumum,n Zeitschrift fuer die gesamte Staatswissenschaft, 1949, vola
105, pp 368-387 o) He shmied that the 11 Three Types of Legitimate Rule 11 is
part of Weber! s original manuscript and is necessary for the adequate understanding of his analysis of authority which appeared as the third part
of Wirtschaft und Gesellschaft under the title ttTypes of Authority." The
meaning of this part and its connection with the whole of the work was
obscured by the omission of the separately published manuscripto In the
19.56 edition of Wirtschaft und Gesellschaft (Tuebingen: J. c. B. Mohr,
1956 ), which was substa.TJ.tiaT.cy revisea by Winckelmann, rtThe Three Types
of Legitimate Rule" appears as section 2 of the "Sociology of Authorityn
{vol . 2, PP 5.51-5.58);. it :r;>recedes t~e sections on ttBureaucratic Authority, tt
"Patr~archal and Patr~on~al Author~ty, 11 "Feudalism, Estates and Patrimonialismtt and ncharismatic Authority anc. Its TransforirL:'ltion." These
sections turn out to be elaborations of' t.he section which is here published
for the first time in Englisho
Io
Legal authority rests on enactment; its pure type is best represented by bureaucracy o The basic idea is that laws can be enacted and
changed at pleasure by formally correct procedureo Tre governing body
is either elected or appointed and constitutes as a whole and in all its
sections rational organizations o
A heteronomous and heterocephalous sub-unit we shall call ttpublic
authorities" (Behorde)o The administrative staff consists of officials
appointed by the ruler~ the law abiding people are members of the body
politic ("Fellow citizens n) o
Obedience is not owed to anybody personal] but to enacted rules
and regulations which specify to whom and to what rule people owe obedienceo The person in authority~ too~ obeys a rule when giving an order,
namely "the law", or "rules and regulations" which represent abstract normso
The person in command typically is the "superiorn within a functionally
defined "competency" or "jurisdiction", and his right to govern is legitimized by enactmento Specialization sets limits with regard to functional
purpose and required skill of the office incumbento
The typical official is a trained specialist whose terms of employment are contractual and provide a fixed salary scaled by rank of
office, not by amount of work, and the right to a pension accordir.g to
fixed rules of advancemento His administration represents vocational work
by virtue of impersonal duties of office; ideally the administrator proceeds
sine ira et studio not allowing personal motive or temper to influence
conduct, free of arbitrariness and unpredictability, especially he proceeds
"without regard to person", following rational rules with strict formalityo
And where rules fail he adheres to 11 functional" considerations of expediency o Dutiful obedience is channeled through a hierarchy of offices
which subordinates lower to higher offices and provides a regular procedure for lodging complaintso Technically operation rests on organizational disciplineo
lo Naturally this type of Ulegaln rule comprises not only the
modern structure of state and city government but likewise the power relations
in private capitalist enterprise, in public corporations and voluntary associations of all sorts, provided that an extensive and hierarchically
organized staff of functionaries existso Modern political bodies merely
represent the type preeminentlyo Authority of private capitalist organization is partially heteronomous, its order is partly prescribed by the
state and it is complete~ heterocephalous as regards the machinery of
coerciono Normal~ the courts and police take care of these functionso
Private enterprise, however, is autonomous in its increasingly bureaucratic
organization of managernento The fact that, formally speaking, people enter
into the power relationship (Herrschaftsverband) voluntarily and are likewise "free" to give notice does not affect the nature of private enterprise
as a power structure since conditions of the labor market normally subject
the employees to the code of the organizationo Its sociological affinity
to modern state authority will be clarified further in the discussion of
the economic bases of power and authority, . The "contract" as constitutive
for the relations of authority in capitalist enterprise makes this a preeminent type of 11 legal authorityot?
-5among the estates brings about a high degree of stereotypy in the nature
of administration.
Patriarchal rule (of the family father, ~ib chief, father of his
people (Landesvater)) represents but the purest type of traditionalist rule.
A:rry "authorities" who claim legitimacy successfully by virtue of mere
habituation repre5ent the most typical contrast, on the one hand, to the
position of a contractual~ employed worker in business enterprise, on the
other to the way a faithful member of a religious community emotionally
relates to a prophet. Actual~ the domestic group (Hausverband) is the
nucleus of traditionalist power structures. The typical nofficials 11 of the
patrimonial and feudal state are domestic officers with originally purely
domestic tasks (dapifer, chamberlain, marshall, cupbearer, seneschal, major
domo).,
The co-existence of the strict~ tradition-bound and the free sphere
of conduct is a common feature of all traditionalistic forms of authority.
Within the free sphere, action of the lord or of his administrative staff
must be bought or earned by personal relations. (This is one of the origins of the institution of fees.) It is decisive that formal law is absent
and that substantive principles of administration and arbitration take its
place. This likewise is a common feature of all traditionalist power
structures and has far-reaching ramifications, especially for economic life.
The patriarch like the patrimonial ruler governs and deci~e~ according to the principles of tt cadi justice11 : on the one hand d~c~s~ons
are strictly bound by tradition; however, where ~hese fett~rs g1~e leeway,
decisions follow juristically informal and irrat2onal cons2derat1ons of
equity and justice from case to case, also taking individual differences
into account~ All codifications and laws of patrimonial rulers emboqy the
spirit of the so-called "welfare staten., A combination of social ethical
with social utilitarian principles prevails, breaking through all rigor
of formal law.,
The sociological distinction between the patriarchal power structure and that of the estates in traditionalist rule is fundamental for all
states of the pre-bureaucratic epoch.. (The contrast will become fully
clear only in connection with its economic aspect, that is with the separation of the administrative staff from the material means of administration
or with their appropriation by the staff.) This bas been historically decisive for the question whether and what status groups existed as champions
of ideas and culture values.
Patrimonial dependents (slaves, bondsmen) as administrators are
to be found throughout the Mideastern orient and in Egypt down to the time
of the Mamelukes; they represent the most extreme and what would seem to
be the most consistent type of the purely patriarchal rule devoid of estates., Plebeian freemen as administrators stand relatively close to
rational officialdomo The administration by literati can vary greatly in
accordance with their nature: typical is the contrast between Brahmins
and Mandarins, and both in turn stand opposite Buddhist and Christian
clerics -- yet their administration always approximates the estate type of
power structureo
The rule of estates is most clearly represented by aristocracy,
-61
in purest form by feudalism which puts in the place of the functional and
rational duty of office the personal allegiance and the appeal to status
honor of the enfeoffed.
In comparison to pa.triarchalism all estate rule, based upon more
or less stable appropriation of administrative power, stands closer to
legal authority s.s the guarantees surrounding the prerogatives of the
privileged assume the form of special "rights" (a result or the "division
of power" among the estates) . This :ratio~.le is absent in patriarchal
structures , with their administration completely dependent on the lord's
arbitrary sway. On the other hand the stri..ct discipline and the lack ot:
rights of the administrative staff within :;>atriarchalism is more closely
related to the discipline of legal authority than is the administration
or estates~ which is fragmented and stereotyped through the appropriation
or the means of administration by thE': staff. Plebeians (used as jurists)
m~e 1 s princely service have been pacemsrkers of the modern state.
III.
. A.
br~llumtly
.
Early history shows alongside a few beginnings of "enacted" authority,
which are by no means entirely absent, the division or all power relationships under tradition. and charisma.. Besides the "economic chief" (sachem)
of the Indians, an essentially traditional figure, stands the charismatic
warrior prince (corresponding to the Germanic "duke") with his following.
Hunting and war campaigns, both demanding a leader of extraordinary personal
endowments, are the secular, magic is the "sacred" place of charismatic
leadership. Throughout the ages charismatic authority exercised by prophets and warrior princes has held swey- over men. The charismatic politician-- the "demagogue"-- is the product of the occidental city state. In
the city state of Jerusalem he emerged only in religious coetume as a
prophet. The constitution of Athens , however, was completely cut out for
his exietence after the innovations o:~ Pericles and Ephial tes, since with:out the demagogue the state machine would not f\mction at a.ll.
B. Charismatic authority rests on the ttfaith" in the prophet, on
the "recognition" which the charismatic warrior hero the hero of the street
or the demagogue find personally, and this authority falls with him. Yet,
charismatic authority does not derive from this recognition by the subjects.
Rather the reverse obtains: the charismatically legitimized leader considers faith in the acknowledgement of his charisma obligatory and punishes
their violation. Charismatic authority is even one of the great revolutionary forces in history, but in pure form it is thoroughly authoritarian
and lordly in nature.
C. It should be understood that the term "charisma" is used here
in a completely value-neutral ser.JSe. For the sociologist the manic seizure
and rage of the nordic berserk, the miracles and revelations of any pettifogging prophecy, the demagogic talents of Cleon are just as much "charisma"
as the qualities or a Napoleon, Jesus, Pericles. Decisive for us is only
whether they were considered charismatics and whether they were effective,
that is, gained recognition. Here, "proof" is the basic prerequisite.
The charismatic lord has to prove his being sent "by the grace of god" by
performing miracles and being successfui in securing the good life for his
following or subjects . Only as long as he can do so will he be recognized.
If success fails him, his authority falters. Wherever: this charismatic
concept of rule by the grace of god l1as existed, it has had decisive
ramifications. The Chinese monarchgs position was threatened as soon as
drought floods military failure or other misfortune made it appear queationabl~ whethe; he stood in the grace of Heaven. Public self-impeachment
and penance in cases of stubborn misfortune, removal and possible sacrifice
threatened
Certification by miracles was demanded of every prophet
(the Zwickau people demanded it still from Luther).
him.
-8So far e.s the belief in legitixnacy matters for the stability or
basically legaJ. etruetures of authority, this stability rests xrostly on
mixed foundations. Traditional habi tuation or "prestige" (charisma) fuse
with t..he belief :in formal legality which in the last analysis is also a
matter or habit. The belief in the legitimacy or a.uthori ty is shattered
alike t..lu:-ough extraordinary mie:fortunes whether this exacts unusual. demands
from the subjects in the li~ht of' traditionp or destroys the prest.ige or
violates the usual formal legal/correctness. But with 1111 structures or
authority the obedience of the governed as a stable condition depends above
all on the availability or an administrative starr and especially its continuous operation to maintain order and (directly or indirectly) enforce
submission to the rule. The term "orgemization" mea.ns to guarantee the
pattern of conduct which realizes the structure of authority. The solidarity or its (ideal and material) interests with those or the l.ord is decisive for the all important loya.J.:ty or the starr to the lord. For the
relation of the lord to the executive erliat.'f it genera+J.y holds th8.t the
lord is the stronger opposit~ the resisting individual because of the isolation of the individual. starr member and his solidarity with the lord.
The lord is weak opposite the staff members as a whole when ;they band
themselves together.? as has happeMd occasiomllly in the past and present.
Deliberate agreement of the staff is requisite in order to frustrate the
lord's action and ~ile through obstruction or deliberate counter action.
Likewise the opposition requires an administrative starr or its own.
-9.
c)
may designate ~~e successor end have the religious or ~litsry community
accede to it by grsntir.g recogn.i tion. The conceptio~n of this procedure as
nss
Frequ~ntly
charisma at,te.chea o:o.:cy to the sib a11d its new depository .must
first be determined a.c~ording to one ot the a.forem:mt.ion~d r-JJ..es and
methods (ca, cb~ or cc). Where fixed rules exist with rdgard to the person
they are not horoogeneous. Oll.ly' in the medieval oe;~ident, and in Japan the
right to h"lheri t ..~he ,;,rOWl'l by p:dmoge:n.i ture J:ms clearly won out arA has
greatly contributed _.~o the stability of s:up:r.el!'!le authority, as a.ll other
forms give rise to 1r:~ernP.~ conflicts"
The belie:f: then is no-~ longer belief in the perso:r. ~-*: ~ but in
the "legitimate 11 heir ot' the dynasty~ the timFJl,.v e.nd extraordinary nature
or charism is st;ronglj; t~e.n:3:f'or..ood in a traditionalist. direction; the idea
of the divine right of k:lngs ruling "by the grace of Ood ha.a a"'.so changed
its meaning CO!!!pleteJ.y: now the lord reigns in hi.s own ::-ight, not by virtue of 11 persona.1.V~ eharisme. aclmowledged by the subjects. The right to
rule then is completely independent of. persona.:"t quali-t:?..es .
(cd) Charisma may be depersor.alized ~ oojectified into
ritual. Then people oe1:ie"'.re that char~.S1l'\a is a magi.c~J. qv.Hlity which can
be transferred or :p:roduoed by &. apecir,.J.. kind of: hienx;;gy i o1ntrur:m.t, laying
on of hands o:r oth~r s'3.cr.\llt1lC.m-tal e.ots .
sacr~r.ta1
act.
1'2_'r3!1Blato!' g s n.o"'ie ~ This allusi<Yn to J esu.s' death and its interpreta:tion as a dowr.!'s~J. of his charis:matic aufu. .xrity come out roore st.rongJ.y
in Weber's 11 Socio:ogy of Charismatic Aut.hority11 (Cha:dai~W.tis-.mus 11 ~ J{irtschm--~ ~d Gese1.lsch~U~t, in From XflE'Z Weber:
Esam i.'1 Sodglogy, H. H.
Gerth ~d Co Wrignt 1t'i.llsp trs. (New York~ Oxford tJ:nivers:l.ty Press, 1946,
p. 248 J. ~('here Weber states: 11 by its Yery nature, the existence of charismatic a:ut..'l).ori ty is speoifically u.nsta.ble. 'I'he holder Dl."\Y' forego his
cher:i.s:m.a; he ID.El..Y feel 1 fors~A.ken by hi~ GoC. ~ 1 as J eeua did on the cress; he
may pro.-e t.o hi.t'l ~ollowers i:;hiS.t. '~.rir);;;J.e is gone out of r-.:~. :n. 1 It is then
that his ~.ssicm i~ ext1.ng.dshed. r attd hc-;pe wrl ts ~d. se~~hes f()r !t :new
holder ~f char!sm~.~
-11In his later work, .Ancient Judaism, HaM H. Gerth and Don Martindele tre. (Glencoe, Ill.: The Free Prees, 1952), p 376, Weber reversed
his position. He points out that "the words or the cross, 'l~W God, ~ God,
why he.st thou forsaken mev form the beginning the twenty-second Psalm,
which from beginning to end elaborate Deutero-Isaiah I 1!1 thesis of' meekness and the prophecy of' the Servant .or God. If' actually not first the
Christisn conmunity but Jesus himself' should have applied this verse to
himself, this would certainly allow us to infer not intense despair and
disappointment-- a strangely frequent interpretation of' the word- but on
the contrary, messianic self-reliance in the sense of Deutero-Isaiah and
the hopes expressed at the end of' the Psalm."