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Formally irrational decisions are those deduced by a logic internal to the system yet unpredictable, and based on oracles and revelations. Substantively rational lawmaking exists where decisions involve reference to external norms such as ethical imperatives, utilitarian and other forms of expediential rules. Formally rational lawmaking refers to decisions which are based on universally applied rules which form a highly logical system, and is epitomised by the nineteenth-century Pandectists' civil law.
Despite Weber's grandiose claims that his sociology was ethically free in that it declined to appraise social values, Weber's ideological position was in practice far from detached. It is interlaced with his concept of rationality in industrialisation in general, THE SOCIOLOGY OF LAW 33 and capitalism in particular. 1 8 It is no defence to argue that Weber pessimistically pointed to the spiritual relapse immanent in western culture, that he portrayed capitalism as an 'iron cage' or that he referred to individual capitalists as 'specialists without vision, sensualists without heart'.
6). One such connection is the distinction which Weber draws between the sociological and juristic notions of legal order, which in turn rests on his spurious separation of fact and value. Weber says that 'whether or not a normative idea which is actually held by human beings belongs to the realm of ethics, or, in other words, whether or not a given norm is one of "mere" law or convention must be decided by the sociologist exclusively in accordance with that notion of the "ethical" which is actually held by the people in question' (Weber, 1954, p.