By Susan Corby, Pete Burgess (auth.)
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Additional info for Adjudicating Employment Rights: A Cross-National Approach
One such link might be the lesser role of lawyers in civil law systems and a consequently greater role in adjudication for representative organisations, colleagues and even relatives. In Germany, for example, lawyers were excluded from labour courts for many years. For Germany, Sweden and France, the presence of NLMs in labour courts might also indicate that political power factors play a signiﬁcant role, an explanation also noted by Botero et al. (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 .
This decision is reinforced through institutionalisation, possibly gaining support through social acceptance. 42 Adjudicating Employment Rights Case 3. Once institutionalised, earlier decisions structure the scope for alternatives. For the LOH, path dependency seems to imply that a set of contingent events in the early modern period (possibly earlier) led to the establishment of legal families that conditioned subsequent institutional, and on some accounts societal, development. The weakness of path dependency explanation for an LOH account is that it needs to account for the successful self-reinforcing reproduction of this initial inﬂuence, but does not itself offer such a mechanism, nor does it enable the anomalies to be tackled, except possibly through invoking additional contingent factors.
7 NLMs and the industrial relations system Yes Ireland∗ Yes GB∗ ‘Anglo-Saxon’ pluralism No USA No NZ No SA Not classiﬁed 37 38 Adjudicating Employment Rights As we brieﬂy noted above, the main anomalies are as follows: • Great Britain: a liberal market economy, with a common law system, and assigned to an Anglo-Saxon pluralist IR model – but with tripartite labour courts. • France: a hybrid in terms of VoC, and a civil law system, assigned to a ‘Latin polarised’ IR model: the anomaly is the existence of bi-partite ﬁrst-instance labour courts, with appeals to civil courts with no NLM involvement.
Adjudicating Employment Rights: A Cross-National Approach by Susan Corby, Pete Burgess (auth.)