The Invocation of Legal Norms: An Empirical Investigation of Durkheim and Weber

Abstract

This paper examines the ways in which legal norms enunciated by India's industrial tribunals are used by management and labor in their bilateral negotiations. Data from Indian courts and companies permit an empirical contrast between Durkheim's and Weber's analyses of the legal process. The evidence substantiates portions of both approaches: legal norms tend to be invoked as a function both of need for normative regulation and of the authority of the courts. A theoretical synthesis of the two positions is proposed.