discharged. Similarly, the hierarchic dependence of the worker, the clerk, the technical assistant. the assistant in an academic institute and the civil servant and. soldier has a comparable basis: namely that the tools, supplies and financial resources essential both fo entrepreneur and, in the other case, of the political master. "/1o in the one case, of the the business-concern and for economic survival are in the hands He rounds off this account-very pertinently- with an analysis of the cause and the social implications of this phenomenon The modern capitalist concern is based inwardly above all on calculation. It system of justice and an administration whose workings can be rationally calculated, at least in principle, according to fixed general laws, just as the probable performance of a machine can be calculated. It is as little able to tolerate the dispensing of justice according to the judges sense of fair play in individual cases or any other irrational means or principles of administering the law. as it is able to endure a patriarchal administration that obeys the dictates of its own caprice, or sense of mercy and, for the rest, proceeds in accordance with an inviolable and sacrosanct, but irrational tradition . What is specific to modern capitalism as distinct from the age-old capitalist forms of acquisition is that the strictly rational organisation of work on the basis of rational technology did not come into being anywhere within such irrationally constituted political systems nor could it have done so. For these modern businesses with their fixed capital and their exact calculations are much too sensitive to legal and administrative irrationalities. They could only come into being in the bureaucratic state with its rational laws where.. the judge is more or less an automatic statute-dispensing machine in which you insert the files together with the necessary costs and dues at the top, whereupon he will eject the judgment together with the more or less cogent reasons for it at the bottom: that is to say, where the judge's behaviour is on the whole predictable The process we see here is closely related both in its motivation and in its effects to the economic process outlined above. Here, too, there is a breach with the empirical and rational methods of administration and dispensing justice based on traditions tailored subjectively, to the requirements of men in action, and, objectively, to those of the concrete matter in hand. There arises a rational systematisation of all statutes regulating life, which represents, or at least tends towards a closed system applicable to all possible and imaginable cases. Whether this system is arrived at in a purely logical manner, as an exercise in pure legal dogma or interpretation of the law, or whether the judge is given the task of filling the gaps' left in the laws, is immaterial for our attempt to understand the structure of modern legal reality. In either case the legal system is formally capable of being generalised so as to relate to every possible situation in life and it is susceptible to prediction and calculation Even Roman Law, which comes closest to these developments while remaining, in modern terms, within the framework of pre-capitalist legal patterns, does not in this respect go beyond the empirical, the concrete and the traditional. The purely systematic categories which were necessary before a judicial system could become universally applicable arose only in modern times (20) It requires no further explanation to realise that the need to systematise and to abandon empiricism, tradition and material dependence was the need for exact calculations However, this same need requires that the legal system should confront the individual events of social existence as something permanently established and exactly defined, i.e. as a rigid system Of course, this produces an uninterrupted series of conflicts between the unceasingly revolutionary forces of the capitalist economy and the rigid legal system. But this only resultsdischarged. Similarly, the hierarchic dependence of the worker, the clerk, the technical assistant,, the assistant in an academic institute and the civil servant and. soldier has a comparable basis: namely that the tools, supplies and financial resources essential both for the business-concern and for economic survival are in the hands. in the one case, of the entrepreneur and, in the other case, of the political master.” [19] He rounds off this account - very pertinently - with an analysis of the cause and the social implications of this phenomenon: "The modern capitalist concern is based inwardly above all on calculation. It system of justice and an administration whose workings can be rationally calculated, at least in principle, according to fixed general laws, just as the probable performance of a machine can be calculated. It is as little able to tolerate the dispensing of justice according to the judge’s sense of fair play in individual cases or any other irrational means or principles of administering the law ... as it is able to endure a patriarchal administration that obeys the dictates of its own caprice, or sense of mercy and, for the rest, proceeds in accordance with an inviolable and sacrosanct, but irrational tradition. ... What is specific to modern capitalism as distinct from the age-old capitalist forms of acquisition is that the strictly rational organisation of work on the basis of rational technology did not come into being anywhere within such irrationally constituted political systems nor could it have done so. For these modern businesses with their fixed capital and their exact calculations are much too sensitive to legal and administrative irrationalities. They could only come into being in the bureaucratic state with its rational laws where ... the judge is more or less an automatic statute-dispensing machine in which you insert the files together with the necessary costs and dues at the top, whereupon he will eject the judgment together with the more or less cogent reasons for it at the bottom: that is to say, where the judge’s behaviour is on the whole predictable." The process we see here is closely related both in its motivation and in its effects to the economic process outlined above. Here, too, there is a breach with the empirical and irrational methods of administration and dispensing justice based on traditions tailored, subjectively, to the requirements of men in action, and, objectively, to those of the concrete matter in hand. There arises a rational systematisation of all statutes regulating life, which represents, or at least tends towards a closed system applicable to all possible and imaginable cases. Whether this system is arrived at in a purely logical manner, as an exercise in pure legal dogma or interpretation of the law, or whether the judge is given the task of filling the ‘gaps’ left in the laws, is immaterial for our attempt to understand the structure of modern legal reality. In either case the legal system is formally capable of being generalised so as to relate to every possible situation in life and it is susceptible to prediction and calculation. Even Roman Law, which comes closest to these developments while remaining, in modern terms, within the framework of pre-capitalist legal patterns, does not in this respect go beyond the empirical, the concrete and the traditional. The purely systematic categories which were necessary before a judicial system could become universally applicable arose only in modern times .[20] It requires no further explanation to realise that the need to systematise and to abandon empiricism, tradition and material dependence was the need for exact calculations However, this same need requires that the legal system should confront the individual events of social existence as something permanently established and exactly defined, i.e. as a rigid system. Of course, this produces an uninterrupted series of conflicts between the unceasingly revolutionary forces of the capitalist economy and the rigid legal system. But this only results