Abstract
According to a major view, Max Weber thought of positive relationships between modern capitalism and formally rational law as a universal proposition. Then "England Problem" rises. Weber wrote as follows: "English law-finding is not, like that of the Continent, 'application' of 'legal propositions' logically derived from statutory texts." "[T] he essential similarity of the capitalistic development on the Continent and in England has not been able to eliminate the sharp contrasts between the two types of legal systems." According to the author of this essay, the significance of his sociology of law does not lie in universal evolutionary theory, but in comparative analysis which aims at clarifying the unique characteristics of the Continent law and the English law. The current task is to test the empirical validity of his study.
