抄録
Max Weber regards modern «legal» order as not only an “iron cage,” but also as flexible and dynamic. In his opinion, the «legal» order is established by all members who can expect one another’s behavior “as if” they observed it, and the law “evaders” are familiar with the meanings of the order based on such “consent.” In short, they act systematically against the consent. What position do they hold then in the «legal» order? For example, Werner Sombart says that Jewish merchants took advantage of the legal form of bearer securities which make “reification” of credit relationships to protect their fortune from the storm of the Inquisition. Like these Jewish people who Sombart describes, can “strangers” who have been persecuted in the «legal» order hide themselves and play an essential part in changing it? Weber’s response is extremely cautious. In his view, the law “evaders” are subsumed under the «legal» order in so far as they obey it while disobeying. This contrast between Weber and Sombart still begs the important question: how do we grasp the relationships between structure and subject along the boundaries of the «legal» order?
https://ror.org/03jzxkg37 
