A study of silences: as a metaphysics of the law, juridification silences the text of the law in order
to enable an allegorical reading of the law. This silencing of the legal text can only be avoided
through a non-metaphysical archaeological reading. Similarly, the programme of comparative
labour law is silent at its most pivotal points, leaving some concerns of the programme
indeterminate and indeterminable.
As context, the dominant discourses of the labour law systems of the Federal Republic of
Germany (Tarifautonomie), Great Britain (collective laizzesfaire) and South Africa (fairness)
are identified and the agents of the jurisprudence (the courts) are briefly outlined. The silence
operating within the phenomenology of the labour judiciary and the concept of a 'court' is also
examined.
The study then proceeds to read, in an archaeological manner, the industrial action jurisprudence
in Germany, Great Britain and South Africa, such readings again yielding silences within the
discourse of the law.
The silences occurring throughout (and the resulting normative breaches in the rationality of the
legal discourse) are the prerequisites for juridification, a process in terms of which the metajuridical
standard is imported into the legal normative system and thereby rendered part of the
archival discourse of the law. / LL.D.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/17462 |
| Date | 08 1900 |
| Creators | Mischke, Carl |
| Contributors | Le Roux, Pak, Van der Merwe, D. |
| Source Sets | South African National ETD Portal |
| Detected Language | English |
| Format | 1 online resource (250 leaves) |
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