Law and Intergenerational Relationships: Comparing Labor Case Law in the United States, Canada, and Israel

Research output: Contribution to journalArticlepeer-review

Abstract

Background: In any aging society, the sociolegal construction of intergenerational relationships is of great importance. This study conducts an international comparison of a specific judicial issue: whether active labor unions have the legal right to strike for the purpose of improving the benefits given to nonactive workers (specifically, pensioners). Method: A comparative case law methodology was used. The texts of three different Supreme Court cases - in the United States, Canada, and Israel - were analyzed and compared. Findings: Despite the different legal outcomes, all three court rulings reflect a disregard of known and relevant social gerontology theories of intergenerational relationships. Conclusion: Social gerontological theories can play an important role in both understanding and shaping judicial policies and assisting the courts in choosing their sociojudicial narratives.

Original languageEnglish
Pages (from-to)277-295
Number of pages19
JournalJournal of Applied Gerontology
Volume36
Issue number3
DOIs
StatePublished - 1 Mar 2017

Bibliographical note

Publisher Copyright:
© Southern Gerontological Society.

Keywords

  • elder law
  • geriatric jurisprudence
  • intergenerational justice
  • jurisprudential gerontology
  • labor law

ASJC Scopus subject areas

  • Geriatrics and Gerontology
  • Gerontology

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