ABSTRACT
This chapter discusses Max Weber's conceptual definitions and elaborates many of Hans Kelsens' misunderstandings, or misinterpretations. The most important aspects of Weber's concept of the State can be opened up through a thorough discussion of the conceptual architecture developed in the ‘Basic Sociological Concepts’. Within the conceptual architecture of the ‘Basic Sociological Concepts’ the definition of ‘social relationship’ has a special valency; defined as it is in terms of several actors reciprocally taking account of each other and so mutually orienting themselves. It will become evident that Weber makes use of established legal concepts such as Verband or Anstalt. Weber's sociological concept of Anstalt has a striking proximity to a present ‘reality’, so that the State appears to become incorporated in the monarchical and bureaucratic apparatus. Weber refers to the definitions of an organization and of the State. The concept of validation is jointly determined by a ‘quite particular element internal to action’.
