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The Overlooked Middle
Thomas C. Kohler Boston College - Law School Chicago-Kent Law Review, Vol. 69, pp. 229-249, 1993 Boston College Law School Research Paper No. 1993-03 Abstract: In this Article, the author argues that significant elements concerning the discussion of labor law reform have been overlooked and that the steady decline of unions is not in fact an isolated occurrence. It is instead part of a much broader and deeply troubling trend, which has affected every mediating group in our society. However, our blinkered insistence on treating the deterioration of autonomous employee associations as a solitary phenomenon has precluded us from comprehending either the complexity of its causes or the full extent of its implications. The author posits, therefore, that there is a pronounced tendency to overlook the importance of the "middle," which is comprised of institutions such as families and religious congregations that mediate the relation between individual and public life. It is through these mediating bodies that we learn the habits necessary to sustain democratic political life. Thus, their well-being is deeply interdependent. The author suggests then that there is more at stake in labor law reform than we may think, and presents a brief outline of considerations for the shape labor law reform may take.
Keywords: labor law reform, labor unions, mediating groups, mediating institutions, self-government, self-rule, civic virtues, employment relationships, employment law, liberal democratic order, social relationships, public life, service and fraternal groups, families, religious congregations, grassroots poli Accepted Paper SeriesDate posted: August 16, 2005 ; Last revised: August 29, 2005Suggested CitationContact Information
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