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Labor law as ideology: toward a new historiography of collective bargaining law

By Karl E. Klare


This article discusses a newly emerging historiography of post-New Deal United States collective bargaining law. Critical labor law will be depicted primarily by highlighting its main lines of attack on traditional learning. Most contributions to the literature of collective bargaining law are overwhelmingly doctrinal and rule-focused in emphasis. They are written, explicitly or implicitly, from the perspective of beliefs and values about the social function of collective bargaining drawn or inferred from the stated purposes, the legislative history of and judicial glosses upon the major federal labor statutes. This literature takes as given and unquestioned the desirability of maintaining the basic institutional contours of the liberal capitalist social order

Topics: labor law, collective bargaining, Labor and Employment Law
Publisher: NELLCO Legal Scholarship Repository
Year: 1981
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