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Articles 1 - 3 of 3
Full-Text Articles in Law
The Autonomy Of Law: Two Visions Compared, Richard O. Lempert
The Autonomy Of Law: Two Visions Compared, Richard O. Lempert
Book Chapters
During the past decade the effort to understand the place of the legal system in society has, in England and America, given rise to a renewed interest in the possibility of legal autonomy (Thompson, 1975; Balbus, 1973; 1977; Trubek, 1977). More recently, on the continent of Europe, especially in Germany, scholars have focused on an apparently radical form of autonomy — embodied in the idea of an autopoietic system — in an effort to understand how law functions (Luhmann, 1985 d; Teubner, 1984). These two approaches to understanding the legal system paint pictures that have much in common, but they …
The Collective Bargaining Process, Theodore J. St. Antoine
The Collective Bargaining Process, Theodore J. St. Antoine
Book Chapters
A half century after the passage of the Wagner Act the right to bargain collectively remains a glowing but imperfectly realized promise for American workers. In recent years even the theoretical dimensions of the right have been markedly compressed. Yet collective bargaining was conceived in the widespread belief that both the cause of industrial peace and the welfare of the individual employee would be promoted if workers were given a genuine voice in determining their employment conditions. Why has the process apparently lost so much appeal? Does it still hold hope for the future?
In this paper I shall review …
Liberty And Lawyers In Child Protection, Donald N. Duquette
Liberty And Lawyers In Child Protection, Donald N. Duquette
Book Chapters
The distinguishing feature of the juvenile or family court which sets it apart from all other elements of the child protection system is that the court acts as arbiter of personal liberty. When society at large, through child protective services, attempts to intervene in the private life of a family on behalf of a child, the court must assure that the rights of the parents, the rights of the child, and the rights of society are protected and are abridged only after full and fair and objective court process. Only the court can abridge these personal rights in other than …