Contenu du sommaire : Max Weber. Réception, diffusion de sa sociologie du droit.

French scholars and researchers on law are often unaware of Weber 's sociology of law. For them, this book seems to be too historical, comparatist and theoritical also, they find it hard to relate it with Gurvitch 's or Durkheim 's problematics. One of the biggest reproach, t'a the place given to the dogmatical approach on law in Weber's analysis. Moreover, during the same time, no sociologist ever tried to apply his comprehensive approach to legal practices. This paper emphasizes on the fact that it is possible to use Weber's sociology of law in two ways : to overtake internal/external point of view dispute, wich often opposes lawyers and sociologists, and, also, to analyse legal activities as social interactions.

This analysis of Max Webers' reception in France proposes a general model of interpretation. The introduction of a foreign theorist tends to question the established traditions and hierarchies in a given intellectual field. Therefore their reception usually coincides with moments of crisis and generational changes.

This contribution describes and analyses how Maw Weber's sociology of law was received by German post-war Rechtssoziologie. Since this discipline is covered both by jurists and social scientists, we outline the history of how Weber's sociology of law was received both by jurisprudence (including the history of law and comparative law) and by the social sciences. We begin with 1947, the year when the third edition of Economy and Society was published. Particular attention is paid to the present situation. It becomes clear that Weber is acknowledged as a classical thinker, even though little notice was taken of his sociology of law for a long time. It is only recently, since the Seventies, that a change has taken place in this respect. In the case of jurisprudence in such a way that, with the establishment of the sociology of law as a discipline in university teaching, textbooks and introductions to the sociology of law came on the market which acknowledged Weber and his sociology oflaw. It has also to be stated, however, that it is generally rare for jurists to "work" with Weber. Within the social sciences, Weber's sociology of law has received attention to the extent that the leading interpreters of Weber became involved with the reconstruction of Weber's theory of rationalisation. With a few exceptions, which deal directly with Weber's sociology of law (in the sense of a reconstruction of the legal process of rationalisation, the examination of the theses inherited from Weber, taking up again the questions that he prompted), Weber's sociology of law thus occupies a special place in the social sciences, since it is presented as being embedded in greater theoretical contexts (theories of rationalisation, theories concerning the origins of the modem age). This can be proved with the aid of the theoretical drafts of Habermas, Schluchter and Muench that are presented in this paper. We do not restrict ourselves exclusively to describing the history of its reception, but with the aid of the extensive material we also deal with the question of the conditions for the reception of this classic study by Weber. Attention is also paid to the question of which subjects (e.g. increasing legalization or "explosion of statutory law") have become independent through the reception of Weber's sociology oflaw, and which determine the present discussion in the Federal Republic of Germany.

Max Weber 's sociology was received slowly by the American sociologists. Four periods can be distinguished : first, the diffusion of Weber 's thought by Talcott Parsons in the 1930's ; then, two decades of English translations of Weber 's works after World War II ; thirdly, a period of discussion of Weber 's thought ; and finally, the last fifteen years marked by an active interest in, and a great many publications on Max Weber. As to his sociology of law, it was his work that took more time to be recognized. Karl Llewellyn was the first American jurist to acknowledge Weber 's influence in the 1930 's. But it is only since the 1970's that American jurists and sociologists have turned to Weber 's legal sociology. His present influence can be traced especially in three currents of thought : the evolutionist theories of law, the Critical Legal Studies Movement and phenomenological sociology of law.

Weber devoted a very significant part of his sociology of law to the transformation of western legal thought relating to contract. Weber's commentators have tended to restrict his contribution to the thesis of a general correspondence between the modem theory of contracts and the needs of capitalist economy. This paper provides a more detailed analysis of the chapter on "the forms of creation of subjective rights". Identifying their specific epistemological foundations, the author stresses the main outlines of Weber's conception of contract and his understanding of the evolution of contract theory. Given the current dynamics of critical contract law scholarship, particularly in Common Law countries, the author exemplifies the lasting interest of Weber's contribution.