Law and Intergenerational Relationships

J Appl Gerontol. 2017 Mar;36(3):277-295. doi: 10.1177/0733464815581480. Epub 2016 Jul 9.

Abstract

Background: In any aging society, the sociolegal construction of intergenerational relationships is of great importance. This study conducts an international comparison of a specific judicial issue: whether active labor unions have the legal right to strike for the purpose of improving the benefits given to nonactive workers (specifically, pensioners).

Method: A comparative case law methodology was used. The texts of three different Supreme Court cases-in the United States, Canada, and Israel-were analyzed and compared.

Findings: Despite the different legal outcomes, all three court rulings reflect a disregard of known and relevant social gerontology theories of intergenerational relationships.

Conclusion: Social gerontological theories can play an important role in both understanding and shaping judicial policies and assisting the courts in choosing their sociojudicial narratives.

Keywords: elder law; geriatric jurisprudence; intergenerational justice; jurisprudential gerontology; labor law.

Publication types

  • Comparative Study

MeSH terms

  • Canada
  • Humans
  • Intergenerational Relations*
  • Israel
  • Labor Unions / legislation & jurisprudence*
  • Retirement
  • Social Theory*
  • United States