文章基本信息

标题：Cynicism, Reconsidered
本地全文：下载
作者：Kim, Pauline T.
期刊名称：Washington University Law Review
印刷版ISSN：2166-7993
电子版ISSN：2166-8000
出版年度：1998
卷号：76
期号：1
页码：193-202
出版社：Washington University School of Law
摘要：Occasionally I encounter among students the suspicion that law is nothing but politics. In the field in which I teach-employment law-this attitude amounts to the cynical belief that if judges (or at least those judges hostile to workers) can possibly find a way for the employee to lose and the employer to win, they will do so. While I must admit my own misgivings about the extent to which doctrine and precedent actually decide cases, I push these students to try to understand case outcomes as something other than pure politics. Believing that it is important for law students, as future practitioners, to learn the law as articulated by courts and legislatures, and to master the style of argument they employ, I point out underlying doctrinal structures and highlight the ways in which judicial decision-making, though perhaps not fully determined, is at least constrained. Sometimes, however, it's hard to argue with the cynics. Let me explain.
关键词：Discrimination in employment -- Missouri; Arbitration & award -- Missouri; Employment at will; Employment terminations; Labor contracts; Labor law