Traditional Labor Law Scholarship and the Crisis of Collective Bargaining Law: a Reply to Professor Finkin

Abstract

Remembrance of the past may give rise to dangerous insights, and the established society seems to be apprehensive of the subversive contents of memory.Remembrance is a mode of dissociation from the given facts, a mode of 'mediation' which breaks, for short moments, the omnipresent power of the given facts."**"[The historian] knows the end of the story, and so is under a strong compulsion to see events as a steady and direct march to that end.The history of labor during the New Deal seems to be a subject especially prone to this .kind of treatment.We have tended to write as if only one set of results were possible.And this, of course, has a deadly effect on the interpretive potential of the subject.