Anneke van Baalen, HIDDEN MASCULINITY, Max Weber's historical sociology of bureaucracy. 1994
Chapter 6. Feudalism. Decentralization of patrimonialism into political domination by an hierarchy of
free men
104
In his conceptualization of feudal mentality Weber emphasizes the charismatic, anti-
economic, anti-routine, positively privileged aspects of feudalism over its patriarchal-
patrimonial ones. These aspects also mean that the patrimonial lord cannot really use his
vassals for a continuously functioning administration and that patrimonial power is
decentralized to a substantial degree.
5. Feudalism and the decentralization of patrimonial power
In Weber's view the most important characteristic of developed feudalism is its rigidity: rights
and duties become 'stereotyped' and 'fixed', while claims are to a growing extent
monopolized by a diminishing group of increasingly hereditary nobles.
The fiefs become hereditary in practice. Although an heir formally has to be qualified
personally for vassalage and also has to pledge fealty to his lord, in reality the lord is obliged
to accept him if he is qualified by birth
30
. The vassals were furthermore united in legally
autonomous groups; they considered all fiefs their property and compelled the lord to fill
every vacancy
31
, thus preventing him from appointing patrimonial, beneficial officials. They
also monopolized the fiefs to a growing extent by demanding not only a pure knightly lifestyle
of aspirant-vassals, but also knightly descent
32
.
Obligatory services, on the other hand, were reduced as much as possible. For their military
duties - which became increasingly fictitious - the vassals even acquired tax exemptions and
they turned their duties of advice into a 'right' to be heard; a right they performed only in a
discontinuous way
33
:
'Eventually it became almost impossible to run a continuously functioning administration with the help of vassals.'
Feudalism is therefore only a marginal case of patrimonialism, the noble 'estate' having
succeeded in appropriating a part of the patrimonial powers.
34
A further decentralization occurred through sub-infeudation, which could take place because
the relationship between vassal and subvassal was also strictly personal; as a result of it the
subvassal was faced with a dual obligation of loyalty, in which the choice was up to him.
35
We have already seen that the lord was prevented by his honor and contract to impose
duties on the vassal arbitrarily; however, once the vassal broke his oath of fealty, the lord
could only deprive him of his fief, after he had accused him of 'felony'. To be able to do this,
though, he needed the help of his other vassals.
36
Feudalism therefore eventually leads to a chronic struggle for power.
37
Weber compares the
feudal system to that of the 'Rechtsstaat', a state that is based on laws by which government
is the polar opposite of specialized education in a bureaucratic regime.' ES p. 1090, WG p. 639/40.
30
ES p. 256, 1074/5, WG p. 149, 628.
31
'The principle of 'nulle terre sans seigneur', ES p. 257, 1080, WG p. 149, 632.
32
So firstly knightly parents, then knightly grandparents, and in the late Middle Ages sixteen ancestors were
required, ES p. 1081, WG p. 633.
33
ES p. 1085, WG p. 636.
34
'Powers over the household (including domains, slaves and serfs), the fiscal rights of the political group to the
receipt of taxes and contributions, and specifically political powers of jurisdiction and compulsion to military
service - thus powers over free men - all become objects of feudal grants in the same way', ES p. 257, WG p.
149.
35
'always considered himself entitled to examine for himself whether the overlord of his own lord discharged his
obligations', ES p. 1079, 256, WG p. 632, 149.
36
ES p. 256, 1079, WG p. 148, 631.
37
'It goes without saying that whenever 'Lehensfeodalismus' is highly developed, the overlord's *power
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