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Karl Klare's Vision of Democratization in the Workplace and the Contradictory Evolution of Labour Law Jurisprudence in the Supreme Court of Canada
This article explores recent Supreme Court of Canada decisions that have applied sections 2(d) and 15 of the Charter of Rights and Freedoms in the field of labour law. I adopt the yardstick of Critical Legal theorist Karl Klare, who measures the progressive potential of labour law according to whether it extends the reach and the qualitative yield of collective bargaining and enhances industrial and social democracy. In this context, I conclude that recent rulings are unlikely to result in extension or enhancement of either collective bargaining or industrial democracy. I advocate a return to section 15 as a feasible, albeit risky, solution to this dilemma.
Social and Economic Rights in Theory and Practice
Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of prac...
Labour Law in an Era of Globalization
Throughout the industrial world, the discipline of labor law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labor law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition. These essays--which are the product of a transnational comparative dialog among academics and practitioners in labor law and related legal fields, including social security, immigration, trade, and development--identify, analyze, and respond to some of the conceptual and policy challenges posed by globalization.
KLARE VERHALTNISSE.
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The Politics of Principle
Uses a single-country case study to enrich research on the role of constitutional courts in new democracies.
Research Handbook on Critical Legal Theory
Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.
A Critique of Adjudication [fin de Sicle]
A major statement from one of the foremost legal theorists of our day, this book offers a penetrating look into the political nature of legal, and especially judicial, decision making. It is also the first sustained attempt to integrate the American approach to law, an uneasy balance of deep commitment and intense skepticism, with the Continental tradition in social theory, philosophy, and psychology. At the center of this work is the question of how politics affects judicial activity-and how, in turn, lawmaking by judges affects American politics. Duncan Kennedy considers opposing views about whether law is political in character and, if so, how. He puts forward an original, distinctive, an...
A Guide to Critical Legal Studies
Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.
Contract, Labour Law and the Realities of Working Life
This book offers a critical and timely account of how labour law has become a means for protecting employers rather than workers. The past few decades have witnessed something of a ‘silent revolution’ in the traditional protective role that labour law has played in the lives of workers. While this transformation has been overt in the realm of the market and at the level of the legislature, the role of the judiciary in this process remains significantly under-studied. Focussing on Australia, but drawing also on material from New Zealand, the UK and Canada, this book investigates how the common law has intervened to shape labour law in the image of commercial contract, determining disputes...
An Invitation to Law and Social Science
This innovative work treats law as the set of rules governing how people should act in society, and it demonstrates how the legal system attempts to deter antisocial behavior. Comprised of three sections. the book explores different ways in which law decides issues of responsibility, how cases are adjudicated, and theories of distributive justice and social change. Distinguished by its problem-oriented, topical perspective, An Invitation to Law and Social Science serves as an invaluable book for course in law and society, legal process, and the sociology of law.
