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In this chapter, the author shows that Weber did not identify formal legal rationality with predictability but saw stare decisis as a mechanism able of providing predictability in a “formally irrational law”, which means that, although the common law does not hold the same kind of rationality as that of the traditional European continental law, it was able to secure, under stare decisis, a degree of predictability that allowed the flourishing of capitalism.

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Protestantism, Capitalism, Rationality of Law and Predictability in Weber: Between the Common Law and Civil Law of the End of the Nineteenth Century

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  • 发表日期：

    2025年

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  • Luiz Guilherme Marinoni

摘要

In this chapter, the author shows that Weber did not identify formal legal rationality with predictability but saw stare decisis as a mechanism able of providing predictability in a “formally irrational law”, which means that, although the common law does not hold the same kind of rationality as that of the traditional European continental law, it was able to secure, under stare decisis, a degree of predictability that allowed the flourishing of capitalism.