The Idea Of Labour Law

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The Idea of Labour Law

Guy Davidov,Brian Langille
The Idea of Labour Law Book PDF

Author : Guy Davidov,Brian Langille
Publisher : OUP Oxford
Page : 456 pages
File Size : 51,5 Mb
Release : 2011-06-02
Category : Law
ISBN : 9780191621888

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The Idea of Labour Law by Guy Davidov,Brian Langille Pdf

Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

The Idea of Labour Law

Guy Davidov,Brian Langille
The Idea of Labour Law Book PDF

Author : Guy Davidov,Brian Langille
Publisher : OUP Oxford
Page : 456 pages
File Size : 45,9 Mb
Release : 2013-01-17
Category : Law
ISBN : 9780191648076

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The Idea of Labour Law by Guy Davidov,Brian Langille Pdf

Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

The Sources of Labour Law

Tamás Gyulavári,Emanuele Menegatti
The Sources of Labour Law Book PDF

Author : Tamás Gyulavári,Emanuele Menegatti
Publisher : Kluwer Law International B.V.
Page : 608 pages
File Size : 55,5 Mb
Release : 2019-12-06
Category : Law
ISBN : 9789403502045

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The Sources of Labour Law by Tamás Gyulavári,Emanuele Menegatti Pdf

Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

The Labour Constitution

Ruth Dukes
The Labour Constitution Book PDF

Author : Ruth Dukes
Publisher : Unknown
Page : 273 pages
File Size : 48,5 Mb
Release : 2014
Category : Labor laws and legislation
ISBN : 9780199601691

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The Labour Constitution by Ruth Dukes Pdf

By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers rights.

A Purposive Approach to Labour Law

Guy Davidov
A Purposive Approach to Labour Law Book PDF

Author : Guy Davidov
Publisher : Oxford University Press
Page : 305 pages
File Size : 44,8 Mb
Release : 2016
Category : Law
ISBN : 9780198759034

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A Purposive Approach to Labour Law by Guy Davidov Pdf

This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.

Philosophical Foundations of Labour Law

Hugh Collins,Gillian Lester,Virginia Mantouvalou
Philosophical Foundations of Labour Law Book PDF

Author : Hugh Collins,Gillian Lester,Virginia Mantouvalou
Publisher : Philosophical Foundations of L
Page : 369 pages
File Size : 50,6 Mb
Release : 2019-02-12
Category : Law
ISBN : 9780198825272

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Philosophical Foundations of Labour Law by Hugh Collins,Gillian Lester,Virginia Mantouvalou Pdf

The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

The Capability Approach to Labour Law

Brian Langille
The Capability Approach to Labour Law Book PDF

Author : Brian Langille
Publisher : Oxford University Press
Page : 368 pages
File Size : 45,8 Mb
Release : 2019-04-04
Category : Law
ISBN : 9780192573094

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The Capability Approach to Labour Law by Brian Langille Pdf

Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

The Labour Constitution

Ruth Dukes
The Labour Constitution Book PDF

Author : Ruth Dukes
Publisher : OUP Oxford
Page : 273 pages
File Size : 46,5 Mb
Release : 2014-10-16
Category : Law
ISBN : 9780191038600

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The Labour Constitution by Ruth Dukes Pdf

By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.

Labour Legislation and Public Policy

Paul Lyndon Davies,Mark Robert Freedland
Labour Legislation and Public Policy Book PDF

Author : Paul Lyndon Davies,Mark Robert Freedland
Publisher : Oxford University Press, USA
Page : 736 pages
File Size : 41,9 Mb
Release : 1993
Category : Labor laws and legislation
ISBN : UCAL:B4184323

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Labour Legislation and Public Policy by Paul Lyndon Davies,Mark Robert Freedland Pdf

In this path-breaking work, the authors seek to offer students a fresh way of looking at modern labour law. By taking as their starting point the idea that labour law, having once been governed by common law rules, is now overwhelmingly regulated by statute, the authors show that labour lawcan only be studied properly by understanding the legislation behind it.They then proceed to lead the student to an understanding of how and why the legislation came to be enacted. They therefore examine, in chronological order, the history and political context of every major piece of labour legislation from 1945 up to and including the momentous changes of theThatcher years. Guiding the reader through four and a half decades of almost continuous legislative activity, the authors successfully demonstrate how the law was created and why it looks as it does today. No other textbook on this subject takes this approach.

Labour Law, Vulnerability and the Regulation of Precarious Work

Lisa Rodgers
Labour Law Vulnerability and the Regulation of Precarious Work Book PDF

Author : Lisa Rodgers
Publisher : Edward Elgar Publishing
Page : 264 pages
File Size : 54,5 Mb
Release : 2016-03-25
Category : LAW
ISBN : 9781784715755

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Labour Law, Vulnerability and the Regulation of Precarious Work by Lisa Rodgers Pdf

The shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships. Arguing that the idea of vulnerability has been under-theorised in the labour law literature, Lisa Rodgers illustrates how this extends to the design of regulation for precarious work. The book’s logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work. These threads are astutely drawn together to show the need for a shift in focus towards workers as ‘vulnerable subjects’ in all their complexity in order to better inform labour law policy and practice more generally. Constructively critical, Labour Law, Vulnerability and the Regulation of Precarious Work will prove invaluable to students and scholars of labour and employment law at local, EU and international levels. With its challenge to orthodox thinking and proposals for the improvement of the regulation of labour law, labour law institutions will also find this book of great interest and value.

Boundaries and Frontiers of Labour Law

Guy Davidov,Brian Langille
Boundaries and Frontiers of Labour Law Book PDF

Author : Guy Davidov,Brian Langille
Publisher : Bloomsbury Publishing
Page : 438 pages
File Size : 48,6 Mb
Release : 2006-11-06
Category : Law
ISBN : 9781847312877

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Boundaries and Frontiers of Labour Law by Guy Davidov,Brian Langille Pdf

Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enriqué Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.

The Law of the Labour Market

Simon F. Deakin,Frank Wilkinson
The Law of the Labour Market Book PDF

Author : Simon F. Deakin,Frank Wilkinson
Publisher : Oxford University Press on Demand
Page : 380 pages
File Size : 52,8 Mb
Release : 2005
Category : Law
ISBN : 0198152817

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The Law of the Labour Market by Simon F. Deakin,Frank Wilkinson Pdf

The emergence of a 'labour market' in industrial societies implies not just greater competition and increased mobility of economic resources, but also the specific form of the work relationship which is described by the idea of wage labour and its legal expression, the contract of employment.This book examines the evolution of the contract of employment in Britain through a close investigation of changes in its juridical form during and since the industrial revolution. The initial conditions of industrialization and the subsequent growth of a particular type of welfare state are shownto have decisively shaped the evolutionary path of British labour and social security law. In particular, the authors argue that nature of the legal transition which accompanied industrialization in Britain cannot be adequately captured by the conventional idea of a movement from status to contract. What emerged from the industrial revolution was not a general model of the contract ofemployment, but rather a hierarchical conception of service, which originated in the Master and Servant Acts and was slowly assimilated into the common law. It was only as a result of the growing influence of collective bargaining and social legislation, and with the spread of large-scaleenterprises and of bureaucratic forms of organization, that the modern term 'employee' began to be applied to all wage and salary earners. The concept of the contract of employment which is familiar to modern labour lawyers is thus a much more recent phenomenon than has been widely supposed. Thishas important implications for conceptualizations of the modern labour market, and for the way in which current proposals to move 'beyond' the employment model, in the face of intensifying technological and institutional change, should be addressed.

The Legal Construction of Personal Work Relations

Mark Freedland FBA,Mark Robert Freedland,Nicola Kountouris
The Legal Construction of Personal Work Relations Book PDF

Author : Mark Freedland FBA,Mark Robert Freedland,Nicola Kountouris
Publisher : Oxford University Press
Page : 501 pages
File Size : 53,8 Mb
Release : 2011-12-15
Category : Law
ISBN : 9780199551750

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The Legal Construction of Personal Work Relations by Mark Freedland FBA,Mark Robert Freedland,Nicola Kountouris Pdf

This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.

Labour Law in the USA

Alvin L. Goldman,Roberto L. Corrada
Labour Law in the USA Book PDF

Author : Alvin L. Goldman,Roberto L. Corrada
Publisher : Kluwer Law International B.V.
Page : 606 pages
File Size : 53,6 Mb
Release : 2018-04-23
Category : Law
ISBN : 9789403500140

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Labour Law in the USA by Alvin L. Goldman,Roberto L. Corrada Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on the USA not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in the USA, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Labour Law and Labour Market Regulation

Christopher Arup
Labour Law and Labour Market Regulation Book PDF

Author : Christopher Arup
Publisher : Unknown
Page : 752 pages
File Size : 55,8 Mb
Release : 2006
Category : Law
ISBN : 1862876118

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Labour Law and Labour Market Regulation by Christopher Arup Pdf

The traditional boundaries of labour law are becoming outmoded in a modern world in which active labour market participants vastly outnumber "employees", and the world of work extends way beyond the workplace gate. There is convergence with labour market regulation. The contract of employment remains central but is no longer the sole object of study Labour Law and Labour Market Regulation is a state of the art presentation of the latest Australian scholarship and research surrounding this seismic change. Its 38 chapters reflect the dramatically different industrial, social, political and legislative contexts in which the law now operates and the intellectual revolution this is generating. The latest theoretical thinking and empirical findings are gathered together in four parts: the varying purposes of regulation; the different institutions and technologies of regulation; the active role regulation plays in constituting labour markets; and, the regulation of the processes by which employment rights and obligations are determined. Individual chapters contain studies of regulation within prescriptive government schemes, contract networks, specialist labour markets, the intersection between work and family, enterprise policies and practices, and the courts and tribunals. For academics, the book provides much material to enliven and diversify their courses. It advocates fresh intellectual approaches which take account of international scholarship and, while mindful of the latest legislative changes, it adopts a long-range, multi-locational and pluralist view of Australian labour law. For practitioners, the book provides insights into areas that are,as arbitration declines, becoming increasingly important to their clients' interests. The most recent legislation and jurisprudence is discussed in many chapters including discrimination, dismissals, health and safety, immigration, social security, franchise, volunteer and contract law.