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In turn, the genesis of rational law is a process of nationalization (Verstoatlichung) of all legal norms. The state is the actual basis of modern law; law provides the form within which the modern state works. Anter outlines Weber's account of the complex relation between the standardization of law and state centralization, between the codification of law and the juridification of the state, and also of how the modern state entered into an alliance with lawyers to advance its claims to power...
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In contrast to Habermas' and Schluchter's interpretations, Anter emphasizes that Weber's theory of the state and law is incompatible with legal positivism: Weber analyzes the state and law within the context of history, domination, economy, and society, whereas legal positivism must exclude such factors as irrelevant...
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