LEGAL THEORY AND SOCIOLOGICAL FACTS

The authors investigate MacCormick and Weinberger's claim that the Ins titutional Theory of Law provides a conceptual framework for the study of legal phenomena from a socio-legal point of view. They evaluate th is claim by confronting both the Institutional Theory of Law and Weinb erger's theory of action with two approaches in socio-legal theory, i. e. the instrumentalist and the constitutive approach. The conclusion i s that the Institutional Theory of Law lends itself to empirical resea rch from an instrumentalist perspective, for both place the concept 'i nstitution' in the context of law. Weinberger's theory of action may p rovide a basis for empirical research from a constitutive perspective. The authors make some suggestions for refinement of Weinberger's theo ry of action in order that the relation between institutions and actio n can be labeled dynamic.