ABSTRACT
A very complex problem for any sociological theory of law resides in the relationship between legal and non-legal factors, in particular with respect to economic action. Largely this question is analyzed by Max Weber with reference to the criterion of the 'empirical validity' of law. This chapter summarizes some of John R. Commons' and Karl Diehl's views about the relationship between economy and the law, stressing at times the convergences (or not) with Weber's own thinking on this subject. Commons is an exception among the Anglo-American economists, who have not generally accorded any significance to law. Commons explains socio-economic phenomena using an essentially evolutionist approach. Commons came to the law from an essentially pragmatic perspective, as a specialist in industrial relations interested in a reform of labour and social law. Weber received very thorough training as a professional jurist, experienced in the history of both Roman and 'Germanic' law.
