By Susan Corby, Pete Burgess (auth.)
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Extra info for Adjudicating Employment Rights: A Cross-National Approach
This ‘feudal’ model of peer justice also became an ideal during the French Enlightenment but transformed into support for a jury system modelled on England, as a ‘democratic alternative’ to the professional judges appointed by absolutist monarchs (Montesquieu, 1753; Moritz, 1987). The ﬁrst modern conseil de prud’hommes was established in 1806 in Lyon to resolve differences in the silk industry. 2 The balance shifted to the employers under the Second Empire (1852–70) but employee rights were subsequently re-established.
2004). Roe (2000), for example, argued that civil law systems are essentially a proxy for ‘social democracy’ – that is ‘nations committed to private property but whose governments play a large role in the economy . . : 543) – an argument that might need to be stretched, however, to embrace Italy. 6). Both Germany and Sweden of the CMEs have NLMs, although they are of very different types. In Germany, NLMs are primarily drawn from the workplace and they represent a substantial group of experienced lay people: their main role is to apply the law.
Low union density combined with a capacity for large-scale and short-term mobilisation is a function of several factors. In the ﬁrst place, French unions, with their tradition of creating an activist cadre, have not sought mass membership. Employee support for particular union centres is registered through voting in elections for works committees (comités d’entreprise) and labour courts. Secondly, unions have suffered as a result of their politicised fragmentation – one further reason why employers resist union efforts at workplace organisation.
Adjudicating Employment Rights: A Cross-National Approach by Susan Corby, Pete Burgess (auth.)