L’autonomie normative dans l’entreprise: approches de théorie du droit

Abstract

The discussion about the foundation of the normative power at an enterprise mobilized multiple retorical resources for more than a century of discursive academic activities. The limits of the doctrinaire-dogmatic theories need a reflection verticalization which can be offered through an approach of law theory. Starting from a metajuridical point of view, the normative autonomy can be studied in a real and complete way, under the condition of finding a protocol or an operative tool. The institutional analysis, well devoid of always delimited frontiers, offer possibilities and heuristic virtues and reveal beyond the sociological explanation of the power at the enterprise, but also your relations with the law of the state.