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Law and Intergenerational Relationships.

Israel Doron1, Ariela Lowenstein1, Simon Biggs2

  • 11 University of Haifa, Israel.

Journal of Applied Gerontology : the Official Journal of the Southern Gerontological Society
|April 18, 2015
PubMed
Summary
This summary is machine-generated.

Labor unions striking for pensioners' benefits are legally complex. Courts often overlook social gerontology, impacting intergenerational justice and policy.

Keywords:
elder lawgeriatric jurisprudenceintergenerational justicejurisprudential gerontologylabor law

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Area of Science:

  • Sociolegal Studies
  • Social Gerontology
  • Labor Law

Background:

  • The sociolegal construction of intergenerational relationships is crucial in aging societies.
  • This research examines the legal right of active labor unions to strike for nonactive worker benefits, particularly pensioners.

Purpose of the Study:

  • To conduct an international comparative analysis of judicial decisions concerning labor union strikes for pensioner benefits.
  • To assess the integration of social gerontology theories in legal rulings on intergenerational equity.

Main Methods:

  • Comparative case law methodology.
  • Analysis and comparison of Supreme Court case texts from the United States, Canada, and Israel.

Main Results:

  • Despite varying legal outcomes, all three analyzed Supreme Court rulings demonstrated a lack of consideration for established social gerontology theories.
  • Judicial decisions on intergenerational benefits failed to incorporate relevant theories of aging and intergenerational relationships.

Conclusions:

  • Social gerontological theories are vital for understanding and informing judicial policy.
  • Courts can utilize social gerontology to shape sociojudicial narratives and ensure equitable intergenerational policies.