This essay argues that Johannes von Kries analysis of the status in the criminal law of the rationally intending subject and the doctrine of _mens rea_ so closely associated with it (cf. Kries, 1886 ; 1888 ) was well known to Max Weber, who had initially trained in law, and highly significant both for the development of his sociology of subjective understanding and his parallel view that the social sciences must be jointly committed to combining a generalizing objective with an (...) individualizing method in their research. It also sees many indications that Weber believed that social scientific investigations could and should go further toward franchising the subject of such social research by encouraging active, even critical responses in his/her testimony in the interests of better achieving both causal and meaning adequacy. From this it would have been only a short step to what I call the practical activation of Alfred Schutz’s postulate of adequacy, which requires that intellectual type constructs in the social sciences not only make sense to research subjects but accord with their perceptions, observations and views. The essay discusses the obstacles provided by the environing authoritarian social and political framework, including the trajectories of those professions on which the social sciences had little choice but to model themselves, as reasons explaining why practical activation of the postulate of adequacy has not yet fully come to pass. It concludes by addressing new Weber scholarship which sees him as a complex and dynamic probabilist whose constructivist and interpretivist theory of human social action is based much more on _Chance_ and orientation than we thought, even to the point of being a model for practical activation of the postulate of adequacy as well as a new and revised basis for the analysis of social interaction itself (see Weber, [ 1913 ] ( 1981 ). (shrink)

The image of Max Weber as an “interpretivist” cultural theorist of webs of significance that people use to cope with a meaningless world reigns largely unquestioned today. This article presents a different image of Weber’s sociology, where meaning does not transport actors over an abyss of meaninglessness but rather helps them navigate a world of Chance. Retrieving this concept from Weber’s late writings, we argue that the fundamental basis of the orders sociologists seek to understand is not chaos. Action is (...) rendered interpretable, rather, to the extent persons orient themselves to possibilities and probabilities, which remain real but unknowable. In this framework, interpretation and probability are allies, not antagonists. Weber’s systematic use of the probabilistic notion of Chance as a central resource for concept formation and sociological explanation seriously challenges current understandings of probability as a purely statistical, atheoretical concern. We outline the conceptual difference it makes when basic categories of sociology are understood as rooted in Chance, and we point to the larger implications of Weber’s probabilism for contemporary debates around issues of prediction, action, and interpretation. (shrink)

This study explores the pivotal concept of “objective possibility” within Lukács’s History and Class Consciousness, a concept that has received less attention compared to more prominent ideas such as reification or totality. Lukács frequently refers to “objective possibility” and related terms in essays like “What Is Orthodox Marxism?” and “Class Consciousness,” emphasizing its importance in understanding class consciousness theoretically. The term’s roots for Lukács derive from Max Weber’s methodological writings, which drew from John Stuart Mill and Johannes von Kries and (...) applied to historical and social causation. However, Lukács diverges from Weber’s use, focusing not on counterfactual historical events but on latent historical tensions in the present that can be actualized through collective action. The study argues that Lukács integrates Weberian objective possibility with Marxist and Hegelian language, utilizing it within a modal social ontology. This approach allows Lukács to theorize key questions of class consciousness, historical action, and revolution. By drawing on Hegel’s dialectics of possibility, actuality, and necessity, as well as Marxian contradictions in material conditions, Lukács reconfigures objective possibility from a heuristic tool for the writing of history to an ontologically significant element in the field of historical action. (shrink)

The Adequate Cause Theory: On the relation of Philosophical and Legal Concepts of Causality. The paper discusses the first explicit and logically convincing introduction of a concept of probabilistic causality into legal theories of causation in Germany by Johannes von Kries (1888). First, it is shown how this step was prepared by the failure of the philosophical analysis of causation which took its leading examples from physics to overcome the difficulties which presented themselves in cases of "irreducible multicausality". Secondly, I (...) give the basic ideas of Kries's connection of causal theory and probability theory by presenting his concept of "scope" ("Spielraum"). Finally, I turn to some concepts which are still controversively discussed in legal contexts and which exhibit the logical structure analysed by Kries. It is shown that a certain indefiniteness of the relevant distinctions, which cannot be overcome, does not paralyse their being useful. (shrink)

The underlying assumption of Lukács’ History and Class Consciousness is that “history” can be understood as a unified and meaningful meta-narrative, which can be read along the lines of a realist novel. Although the future is not guaranteed, the present contains “objective possibilities” which can be identified and realized through activist intervention in the world by those who are destined to “make” history, the proletariat. In the intervening century since the Russian Revolution, it has become impossible to read “history” as (...) a singular, triumphalist story leading to human emancipation or identify any one group as its subjective agent. To salvage the revolutionary potential of Lukács’ work, it has been read instead in terms of “fidelity to the Event” by such latter-day Leninists as Alain Badiou and Slavoj Žižek. But their recourse to a meta-historical notion of pre-figuration and future realization is itself no less beholden to a literary or rhetorical device, that of figura, which was traced by Erich Auerbach in originally religious terms. (shrink)

Weber’s conception of politics has long been interpreted in relativistic and “agonistic” terms. Such interpretations neglect Weber’s notion of “objectivity” as well as the complex links between politics as “community,” on the one hand, and as “value sphere,” on the other. Seen against this backdrop, Berufpolitik becomes a balancing act in which the pursuit of subjective values is objectively constrained not only by the ethic of responsibility, but more generally by the political imperative to safeguard the preconditions for communal order (...) and, in late modernity, of liberal freedoms. Without them, neither the objective “clarity” generated by science nor the subjective political commitments based on “clear vision” would be possible. (shrink)