Domestic regimes, the rule of law, and democratic social change
By: David Kettler.
Series: Mobility and norm change,; v. 3
Publisher: GALDA + WILCH; Galda & Wich Verlag
Published: 2001
Place of publication: Glienicke/Berlin; Cambridge, Mass
Language: eng
Number of pages: 374
Subjects: Sociological jurisprudence.; Rule of law.; Democracy.
Notes: Includes bibliographical references (p. [321]-374).
Table of contents: title: Introduction: For Franz L. Neumann	6  I. Law and Conflict: The Problem Stated	14 Works Community and Workers' Organizations: A Central Problem in  Weimar Labour Law	14 1. The Problem of Institutionalism: Is Labor=s Legal Theory Self-Destructive?	14 2. The Doctrine of Works-Community in Weimar Labor Law	20 4. Sinzheimer=s Theory of Collective Labor Law	32 4. Complementarity and the Labor Courts	36 5. Conclusion 	45  II. Political Constitution of Rights	48 The Reconstitution of the Welfare State: A Latent  Social-Democratic Legacy	48 1. The "Crisis" of the Welfare State and the Law	48 2. The Problem with New Property	57 3. Welfare States as a Response to Labor Movements	70 4.  The Socialist Labor Law Project in Weimar: Collective Agreement and Cumulative Social Change 	76 4. From Industrial Justice to Reflexive Law	84 5. Functionalism and the Politics of Constitution	90 Democratic Theory and the Problem of Rights:  Reflections on Labor Regimes	94  III. Unionization and the Labor Regime	113 Unionization and Labor Regimes in Canada and the United States: Considerations for Comparative Research	113 1. Labor Regimes	120 2. Problems of Comparison	126 3. An Historical Approach	134 4. Problems of Theory	140 Social Progress after the Age of Progressivism:  The End of Trade Unionism in the West?	152 1.  Progress and Politics	154 2.  Unions and Progress	158 3.  The Tendential Decline in Trade Unionism	167 4.  Unions and the Progressive Project	184  IV. Labor regime strategies	198 American and Canadian Labor Regimes and the Reflexive Law Approach: The Case of Steel	198 1. Trade Union Strategies and Evolution	198 2. Trade Union Decline: the Canadian Deviant Case	204 3. Labor Regime Drift: Competing Trade Union Strategies	215 4. The Steel Workers: Dilemma and Innovation	227 5. New Union Policy Analysis	238 6. Contract and Organization: Changing the Mix in the Labor Regime	246 Interest, Ideology, and Culture: From the Protocols of Peace to Schlesinger v. Quinto	256 1. Schwarcz and the Protocols of Peace	258 2. Quinto v. Schlesinger: Capitulation or Strategy?	270 3. Fairness and Efficiency: The Hourwich Controversy	283 Light from a Dead Sun: The Japanese Lifetime Employment System and Weimar Labor Law	285 1. The Japanese Labor Regime: Three Theses	287 2. Labor Law as Social Law	297 3. Izutaro Suehiro: The Search for Labor Law=s Path	303 4. Marking the path: management councils	315 5. The postwar development of labor contract theory	324 6. Production Control in the Courts: Unanticipated Consequences for Dismissals Doctrine	332 7. The courtroom struggles of organized labor	336 8. Lifetime employment in Japanese labor law	343 9. Conclusions	348  V. Rule of Law: the Problem Restated	353 Legal Formalism and Disillusioned Realism in Max Weber	353 1. Weber's Critique of Substantive Rationality in Law	360 2. Sancho Panza as Governor	364 3. Weber and Social Jurisprudence	369 4. Beyond Formal Rationality?	376  References	389