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Full-Text Articles in Law

Functional Explanation And Metaphysical Individualism, Justin Schwartz Jan 1993

Functional Explanation And Metaphysical Individualism, Justin Schwartz

Justin Schwartz

A number of (present or former) analytical Marxists, such as Jon Elster, have argued that functional explanation has almost no place in the social sciences. (Although the discussion is framed in terms of a debate among analytical Marxists, the point is quite general, and Marxism is used for illustrative purposes.) Functional explanation accounts for what is to be explained by reference to its function; thus, sighted organism have eyes because eyes enable them to see. Elster and other critics of functional explanation argue that this pattern of explanation is inconsistent with "methodological individualism," the idea, as they understand it, that …


The Overlooked Middle, Thomas Kohler Dec 1992

The Overlooked Middle, Thomas Kohler

Thomas C. Kohler

In this Article, the author argues that significant elements concerning the discussion of labor law reform have been overlooked and that the steady decline of unions is not in fact an isolated occurrence. It is instead part of a much broader and deeply troubling trend, which has affected every mediating group in our society. However, our blinkered insistence on treating the deterioration of autonomous employee associations as a solitary phenomenon has precluded us from comprehending either the complexity of its causes or the full extent of its implications.

The author posits, therefore, that there is a pronounced tendency to overlook …


In Praise Of Little Platoons, Thomas Kohler Dec 1992

In Praise Of Little Platoons, Thomas Kohler

Thomas C. Kohler

No abstract provided.


Lessons From The Social Charter: State, Corporation, And The Meaning Of Subsidiarity, Thomas C. Kohler Dec 1992

Lessons From The Social Charter: State, Corporation, And The Meaning Of Subsidiarity, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.


Individualism And Communitarianism At Work, Thomas C. Kohler Dec 1992

Individualism And Communitarianism At Work, Thomas C. Kohler

Thomas C. Kohler

No abstract provided.