Wrestling with the New Economy

Judicial Rhetoric in Canadian Wrongful Dismissal Claims

Dados Bibliográficos

ID12175643
AutoresAnnette Nierobisz (Carleton College, autor correspondente)
Ano2010
Volume35
Fascículo02
Páginas403-449
Data de publicação2010-01-01
Peer ReviewedSim
Open AccessSim
TipoARTICLE
PeriódicoLaw & Social Inquiry (JOURNAL)
Identificadores do periódicoISSN: 0897-6546 • E-ISSN: 1747-4469
EditoraCambridge University Press (CUP) (PUBLISHER)
DOI10.1111/j.1747-4469.2010.01190.x
OpenAlexW1916853817
IdiomaEN
Citações recebidas1
Referências citadas31

Contemporary Law and Society scholars emphasize focused study of “law and the economy” yet empirical work on the legal implications of important economic transformations of the late twentieth century is limited. To address this issue, I analyze Canadian wrongful dismissal claims heard to judgment between 1981 and 1997 to understand how judges grappled with contradictions that arose between classic legal doctrine on the employment relationship, unstable economic conditions that limited employment opportunities for plaintiffs, and new business ideologies about employee expendability and flexibility. Findings demonstrate that judicial rhetoric was attentive to the contradictions that arose with the new economy, and unique responses were developed. These responses, however, varied according to specific socioeconomic contexts embedded within the seventeen‐year period under study. I conclude by suggesting the development of more dynamic theories of law and the economy to capture the ways in which law shifts in response to changing economic contexts

Dismissal · Doctrine · Economics · Ideology · Judicial opinion · Labour law · Plaintiff · Political science · Rhetoric · Sociology · Unfair dismissal · Labor Movements and Unions · Law · Legal and Social Philosophy · Organizational Downsizing and Restructuring