Rational-legal authority (also known as bureaucratic authority) is a form of government in which decisions are made based on laws and regulations, rather than on the personal whims of those in power.
This type of authority is usually found in modern democracies, where elected officials pass laws that everyone is obliged to follow.
The rational-legal model contrasts with other forms of government, such as those based on tradition or personal charisma. In a rational-legal system, the legitimacy of authority comes from the law itself, rather than from the personality or character of those who enforce it.
This makes rational-legal authority more resistant to corruption and abuse, as decision-makers can be held accountable to impersonal laws rather than to their own personal interests.
Rational-Legal Authority Definition
In his bureaucratic theory of management, Weber defined rational-legal authority as follows:
“In Rational Legal Authority, obedience is owed to the legally established impersonal order. It extends to the persons exercising the authority of office under it only by virtue of the formal legality of their commands and only within the scope of authority of the office.” ( Weber, 1978)
Unlike charismatic and traditional authority, rational-legal authority is rarely whimsical or unpredictable.
Instead, it strives to be efficient and predictable, both necessary preconditions for the development of capitalism, with which rational-legal authority is inextricably intertwined.
Examples of Rational Legal Authority
1. The Modern Democratic Nation-State
The nation-state exercises rational-legal authority by employing bureaucrats to monitor the movement of money (i.e. tax agencies), passing laws, and operating a judiciary system.
The state employs a vast workforce whose only purpose is to enforce laws. We call this the state bureaucracy. They collect as much data about the citizenry as possible – from dates of birth and death, to income records, to registration of marriages and divorces and everything in between. They then use this data to enforce the laws.
Michel Foucault )1980) reflected upon the awesome power of the modern nation-state by using the metaphor of the panopticon. The panopticon is a device that is capable of watching everything in a given setting, such as a prison.
When the inmates of a prison know they are being watched all the time, they have little incentive to attempt to escape.
Similarly, a state uses this ever-knowing eye over its citizens as a disciplinary measure. The modern state, with its powers of knowledge and its control over legal codes, exercises authority by always tracking and watching its citizens.
2. The Capitalist Firm
According to Weber, the rational-legal system was first devised and perfected by big capitalist firms, and only later adopted by entities such as the state.
Large firms would create their own bureaucracies to manage their workforces and seek productivity gains.
For example, big firms during the industrial revolution developed the assembly line mode of production that necessitated specialization of the workforce in one specific task in order to increase efficiency. By monitoring and controlling everyone’s activities, they could streamline processes.
Once this model of hiring specialists was proven to be successful in the capitalist firm, it was adopted by the nation-state and other organizations.
3. Immigration
Anyone who has gone through the rigors of immigration, or even simply attempted to cross national borders would be familiar with the layers of red tape that need to be negotiated in order to get a visa.
The immigration officer is a specialist in his or her field, trained to implement all the procedures laid down by the law to ensure a rational movement of citizenry across the borders.
4. The Judicial System
The modern judicial system is a perfect example of rational-legal authority.
The system is administered by a highly specialized cadre of judges and lawyers who undergo years of rigorous training, and in many countries, have to pass a qualifying exam to become eligible to pass the law.
The law is also based heavily on writing and recording of everything – evidence, statements, court judgments – as the written text is a more authoritative source to reason from, than oral texts.
Finally, this combination of rational-legal authority appears as an intimidating monolith to the common citizen standing before a court of law, overwhelmed by its complexity.
5. Licenses and Permits
We need licenses and permits for a number of things. This allows the government to control our behavior, improve safety, and create minimum standards across all domains of life.
Examples of bureaucracies that issue licenses include:
- The DMV: To own a car we must get it registered, and to drive it we must get a driver’s license.
- AMA: The practice of certain professions such as being a medical practitioner requires a license.
- BATF: The ownership of firearms in most countries requires licenses.
All such licenses and permits are manifestations of rational-legal authority.
6. Metaverse
Metaverse is a portmanteau word made of “meta” and “universe”. The term was coined by Neal Stephenson in his cult-classic science fiction novel Snowcrash (1992) to mean a 3-dimensional interconnected universe.
It entered common speak in 2021 when Mark Zuckerberg revealed that he foresees mankind completely migrating to a virtual world from which it would prefer not to return, and that his company, Facebook (now known as Meta), would be devoting the next 5 to 10 years in developing this metaverse.
According to Zuckerberg, the metaverse would be a complete simulation of the natural world, with senses of touch, smell, and taste all present. (Paul, 2022)
It is obvious that such a metaverse would be created, maintained, and regulated by highly specialized firms and algorithms.
The metaverse would also need access to vast amounts of user data in order to personalize the experience for each user, just as web-based applications such as Google and YouTube use our personal data to customize the ads we see on them.
The metaverse would thus be built and regulated by highly knowledgeable individuals, and it would have access to vast amounts of data about each individual on the basis of which to make rational decisions.
Entrants to the metaverse would need to abide by its regulations, just as people using social networks today need to follow the policies laid down by the specific social network.
The metaverse would then be a classic manifestation of rational-legal authority, combining knowledge-based reasoning and legal codes to implement its authority.
7. The Financial System
The modern banking and financial system is highly complex. It operates through a cadre of specialized finance professionals such as certified public accountants, certified financial analysts, investment bankers, and so on.
Banks and financial institutions need to be meticulous in following regulations, even if sometimes they only follow them in letter and not in spirit ( leading to catastrophic events such as the 2008 financial crisis).
We also know that the financial system wields immense authority over the lives of individuals. Any shock to the financial system has widespread repercussions.
The financial system thus is based on knowledge and rational operation, is meticulously governed by legal codes, and wields immense authority over ordinary citizens.
8. The Three Levels of Government
Many national governments are organized into three tiers: local, state, and federal.
Each tier has its own distinct set of responsibilities, and each is a classic manifestation of rational-legal authority.
The federal government is responsible for national issues such as defense, diplomacy, and taxation. State governments are responsible for matters such as education and public safety. Local governments are responsible for issues such as sanitation and building codes.
Each level of government has its own bureaucracy, with officials who are experts in their field and who make decisions based on rational-legal authority.
9. The Three Branches of Government
In many countries, the government is organized into three branches: the executive, the legislature, and the judiciary.
The executive branch is responsible for carrying out the laws. The legislature is responsible for making the laws. The judiciary is responsible for interpreting the laws.
Each branch has its own set of officials who are experts in their respective fields. They make decisions based on rational-legal authority.
10. The Military
The military is a highly centralized organization with a clear chain of command. It is organized around the principle of hierarchical authority, with each level of command having a clear set of responsibilities.
The military is also a highly knowledge-based organization. It relies on advanced technology and training to achieve its objectives.
The military is thus a classic example of rational-legal authority. It is centrally organized, highly knowledge-based, and hierarchically structured. Leaders don’t gain their authority from tradition (e.g. monarchies or social castes) but from their position within a rational-legal framework.
Etymology of Rational-Legal Authority
The phrase rational-legal is made up of two words, “rational” and “legal”, each of which merits a brief explanation.
Rational
‘Rational’ is derived from the Latin word rationalis, which means the ability to reason.
In Weber’s formulation, the word rational is related to the knowledge wielded by bureaucrats. Bureaucrats are knowledgeable due to 2 factors:
- First, because they possess technical knowledge of the field they are operating in. ( for instance an income tax commissioner would be knowledgeable about all the intricacies of taxation unknown to a common man) Bureaucratic leaders are specialized functionaries trained in the specific domain of their operation. Such narrow specialization rarely, if at all, existed in traditional economies, and is, according to Weber, a characteristic only of modern societies.
- Second, because of the experience they have gained by working in their specific position as bureaucrats over a period of years gives them access to storehouses of data and information of the citizenry privy only to persons in their positions. Out of this knowledge possessed by the bureaucrat flows one half of the power wielded by rational-legal authority.
Legal
Legal is that which relates to the law of the land. Laws are enacted by executive bodies and implemented by bureaucrats.
Laws are necessary in any society, but in a modern democratic nation-state, laws become even more elemental because the modern democratic nation-state is premised on the fundamental principle of equality before the law of all citizens.
The most efficient way of implementing this principle is allowing an impersonal bureaucracy to implement them.
Rational legal authority is thus the authority flowing from a legal code implemented by an office that wields legitimate dominance over the subjects of its authority.
Conclusion
Weber knew that capitalism saw a shift in human thinking from being centered around customs, traditions, emotions, and a belief in the supernatural, to being based on secular, scientific reasoning.
He called this rationalization. It is based on the principles of efficiency, predictability, and calculability.
For Weber, rationalization was the inevitable consequence of industrialization and modernization of society.
Whereas authority in primitive and medieval societies tended to be vested either in personal charisma (known as charismatic authority) or in traditions, in modern societies, authority would most commonly take the rational-legal form, being vested in faceless institutions, legal codes, and bureaucratic structures that would deliver the authority with efficiency and predictability.
References
Carruthers, B. G., & Espeland, W. N. (1991). Accounting for Rationality: Double-Entry Bookkeeping and the Rhetoric of Economic Rationality. American Journal of Sociology, 97(1), 31–69. http://www.jstor.org/stable/2781637
Foucault, M. (1980) Power/Knowledge: Selected Interviews and Other Writings, 1972-1977 Vintage.
Paul, K. (February, 2022) ‘Live in the future’: Zuckerberg unveils company overhaul amid shift to metaverse The Guardian https://www.theguardian.com/technology/2022/feb/15/meta-mark-zuckerberg-facebook-metaverse
Weber, M. (1978). Economy and society: An outline of interpretive sociology (G. Roth & C. Wittich, Eds.). University of California Press. (Original work published 1921).
Weber, M (1947). The Theory of Social and Economic Organization .Oxford University Press.
Dr. Chris Drew is the founder of the Helpful Professor. He holds a PhD in education and has published over 20 articles in scholarly journals. He is the former editor of the Journal of Learning Development in Higher Education. [Image Descriptor: Photo of Chris]