Vulnerability And The Legal Organization Of Work

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Vulnerability and the Legal Organization of Work

Martha Albertson Fineman,Jonathan W. Fineman
Vulnerability and the Legal Organization of Work Book PDF

Author : Martha Albertson Fineman,Jonathan W. Fineman
Publisher : Taylor & Francis
Page : 406 pages
File Size : 52,9 Mb
Release : 2017-07-06
Category : Business & Economics
ISBN : 9781315518565

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Vulnerability and the Legal Organization of Work by Martha Albertson Fineman,Jonathan W. Fineman Pdf

This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

Vulnerability and the Legal Organization of Work

Martha Albertson Fineman,Jonathan W. Fineman
Vulnerability and the Legal Organization of Work Book PDF

Author : Martha Albertson Fineman,Jonathan W. Fineman
Publisher : Routledge
Page : 400 pages
File Size : 49,6 Mb
Release : 2017-07-06
Category : Business & Economics
ISBN : 9781315518558

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Vulnerability and the Legal Organization of Work by Martha Albertson Fineman,Jonathan W. Fineman Pdf

This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

Law, Vulnerability, and the Responsive State

Martha Albertson Fineman,Laura Spitz
Law Vulnerability and the Responsive State Book PDF

Author : Martha Albertson Fineman,Laura Spitz
Publisher : Taylor & Francis
Page : 269 pages
File Size : 51,6 Mb
Release : 2023-10-09
Category : Social Science
ISBN : 9781000968101

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Law, Vulnerability, and the Responsive State by Martha Albertson Fineman,Laura Spitz Pdf

This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom. Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual. This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.

Embracing Vulnerability

Daniel Bedford,Jonathan Herring
Embracing Vulnerability Book PDF

Author : Daniel Bedford,Jonathan Herring
Publisher : Routledge
Page : 190 pages
File Size : 48,5 Mb
Release : 2020-02-13
Category : Law
ISBN : 9781351105682

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Embracing Vulnerability by Daniel Bedford,Jonathan Herring Pdf

This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative and a source of connection and development. The book is structured into five sections that cover fields of law where there is already significant recourse to the concept of vulnerability. These sections include a main chapter by a legal theorist who has previously examined the creative potential of vulnerability and responses from scholars working in the same field. This is designed to draw out some of the central debates concerning how vulnerability is conceptualised in law. Several contributors highlight the need to re-focus on some of these more positive aspects of vulnerability to counter the way law is being used enable persons to escape the stigma associated with vulnerability by concealing that condition. They seek to explore how law might embrace vulnerability, rather than conceal it. The book also includes contributions that seek to bring vulnerability into a non-binary relationship with other core legal concepts, such as autonomy and dignity. Rather than discarding these legal concepts in favour of vulnerability, these contributions highlight how vulnerability can be entwined with relational autonomy and embodied dignity. This book is essential reading for both students studying legal theory and practitioners interested in vulnerability.

Law, Precarious Labour and Posted Workers

Marta Lasek-Markey
Law Precarious Labour and Posted Workers Book PDF

Author : Marta Lasek-Markey
Publisher : Taylor & Francis
Page : 189 pages
File Size : 54,9 Mb
Release : 2023-05-05
Category : Law
ISBN : 9781000874969

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Law, Precarious Labour and Posted Workers by Marta Lasek-Markey Pdf

This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration.

Precarious Work

Jeff Kenner,Izabela Florczak,Marta Otto
Precarious Work Book PDF

Author : Jeff Kenner,Izabela Florczak,Marta Otto
Publisher : Edward Elgar Publishing
Page : 272 pages
File Size : 54,7 Mb
Release : 2019
Category : Law
ISBN : 9781788973267

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Precarious Work by Jeff Kenner,Izabela Florczak,Marta Otto Pdf

This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.

A History of Regulating Working Families

Nicole Busby,Grace James
A History of Regulating Working Families Book PDF

Author : Nicole Busby,Grace James
Publisher : Bloomsbury Publishing
Page : 184 pages
File Size : 46,7 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781509904600

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A History of Regulating Working Families by Nicole Busby,Grace James Pdf

Families in market economies have long been confronted by the demands of participating in paid work and providing care. Across Europe the social, economic and political environment within which families do so has been subject to substantial change in the post-World War II era and governments have come under increasing pressure to engage with this important area of public policy. In the UK, as elsewhere, the tensions which lie at the heart of the paid work/unpaid care conflict remain unresolved posing substantial difficulties for all of law's subjects both as carers and as the recipients of care. What seems like a relatively simple goal – to enable families to better balance care-giving and paid employment – has been subject to and shaped by shifting priorities over time leading to a variety of often conflicting policy approaches. This book critiques how working families in the UK have been subject to regulation. It has two aims: · To chart the development of the UK's law and policy framework by focusing on the post-war era and the growth and decline of the welfare state, considering a longer historical trajectory where appropriate. · To suggest an alternative policy approach based on Martha Fineman's vulnerability theory in which the vulnerable subject replaces the liberal subject as the focus of legal intervention. This reorientation enables a more inclusive and cohesive policy approach and has great potential to contribute to the reconciliation of the unresolved conflict between paid work and care-giving.

Ecological Vulnerability

Katie Woolaston
Ecological Vulnerability Book PDF

Author : Katie Woolaston
Publisher : Cambridge University Press
Page : 247 pages
File Size : 45,8 Mb
Release : 2022-06-23
Category : Law
ISBN : 9781009063227

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Ecological Vulnerability by Katie Woolaston Pdf

Humans are responsible for biodiversity loss in many related and sometimes conflicting ways. Human-wildlife conflict, commonly defined as any negative interaction between people and wildlife, is a primary contributor to wildlife extinction and a manifestation of the destructive relationship that people have with wildlife. The author presents this 'wicked' problem in a social and legal context and demonstrates that legal institutions structurally deny human-wildlife conflict, while exacerbating conflict, promoting values consistent with individual autonomy, and ignoring the interconnected vulnerabilities shared by human and non-human species alike. It is the use of international and state law that sheds light on existing conflicts, including dingo conflict on K'Gari-Fraser Island in Australia, elephant conflict in Northern Botswana, and the global wildlife trade contributing to COVID-19. This book presents a critical analysis of human-wildlife conflict and its governance, to guide lawyers, scientists and conservations alike in the transformation of the management of human-wildlife conflict.

A Jurisprudence of the Body

Chris Dietz,Mitchell Travis,Michael Thomson
A Jurisprudence of the Body Book PDF

Author : Chris Dietz,Mitchell Travis,Michael Thomson
Publisher : Springer Nature
Page : 316 pages
File Size : 49,8 Mb
Release : 2020-08-05
Category : Social Science
ISBN : 9783030422004

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A Jurisprudence of the Body by Chris Dietz,Mitchell Travis,Michael Thomson Pdf

This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of ‘normality’ and ‘fixing’. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

The Evolution of the Gender Pay Gap

Frances Hamilton,Elisabeth Griffiths
The Evolution of the Gender Pay Gap Book PDF

Author : Frances Hamilton,Elisabeth Griffiths
Publisher : Taylor & Francis
Page : 217 pages
File Size : 52,8 Mb
Release : 2023-11-10
Category : Law
ISBN : 9781000991598

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The Evolution of the Gender Pay Gap by Frances Hamilton,Elisabeth Griffiths Pdf

Through interdisciplinary research, this book explores the continued cause of the significant gender pay gap that still exists in many countries today. This gap persists despite a wide range of measures having been introduced to protect women at work. Internationally varied approaches which have been attempted include prohibiting discrimination, maternity leave, maternity pay, health and safety protections for pregnant workers, tax breaks, childcare vouchers, shared parental leave, and gender pay gap reporting. This volume makes a significant and original contribution by tackling the topic through fresh historical and activist approaches, specific consideration of certain professions, and topical issues, such as the gig economy, treatment of carers post-coronavirus, and developing approaches to prosecuting pay equity claims. Our comparative approach interrogates how countries studied in this volume have had varying approaches and differing success in tackling this pervasive issue of the gender pay gap. Lessons to learn regarding policy reform are included in chapters from authors based not only in the UK but also in the United States, Australia, and the Republic of Ireland and fully developed in the conclusion.

Christianity and the Law of Migration

Silas W. Allard,Kristin E. Heyer,Raj Nadella
Christianity and the Law of Migration Book PDF

Author : Silas W. Allard,Kristin E. Heyer,Raj Nadella
Publisher : Routledge
Page : 329 pages
File Size : 41,6 Mb
Release : 2021-09-05
Category : Law
ISBN : 9781000436372

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Christianity and the Law of Migration by Silas W. Allard,Kristin E. Heyer,Raj Nadella Pdf

This collection brings together legal scholars and Christian theologians for an interdisciplinary conversation responding to the challenges of global migration. Gathering 14 leading scholars from both law and Christian theology, the book covers legal perspectives, theological perspectives, and key concepts in migration studies. In Part 1, scholars of migration law and policy discuss the legal landscape of migration at both the domestic and international level. In Part 2, Christian theologians, ethicists, and biblical scholars draw on the resources of the Christian tradition to think about migration. In Part 3, each chapter is co-authored by a scholar of law and a scholar of Christian theology, who bring their respective resources and perspectives into conversation on key themes within migration studies. The work provides a truly interdisciplinary introduction to the topic of migration for those who are new to the subject; an opportunity for immigration lawyers and legal scholars to engage Christian theology; an opportunity for pastors and Christian theologians to engage law; and new insights on key frameworks for scholars who are already committed to the study of migration.

Vulnerable

Colleen M. Flood,Vanessa MacDonnell,Jane Philpott,Sophie Thériault,Sridhar Venkatapuram
Vulnerable Book PDF

Author : Colleen M. Flood,Vanessa MacDonnell,Jane Philpott,Sophie Thériault,Sridhar Venkatapuram
Publisher : University of Ottawa Press
Page : 850 pages
File Size : 52,9 Mb
Release : 2020-07-14
Category : Social Science
ISBN : 9780776636436

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Vulnerable by Colleen M. Flood,Vanessa MacDonnell,Jane Philpott,Sophie Thériault,Sridhar Venkatapuram Pdf

The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. Hopefully, COVID-19 will forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some. Published in English with some chapters in French.

The Foundations of Vulnerability Theory

Martha Fineman
The Foundations of Vulnerability Theory Book PDF

Author : Martha Fineman
Publisher : Unknown
Page : 0 pages
File Size : 55,9 Mb
Release : 2024
Category : Equality before the law
ISBN : 1003405622

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The Foundations of Vulnerability Theory by Martha Fineman Pdf

"This volume is the first collection of Martha Albertson Fineman's most important and influential work. Feminist legal theorist, Martha Albertson Fineman, has spent decades pushing the boundaries of law, questioning and reconceptualizing legal and social definitions of family, dependency, vulnerability, and state responsibility. The pieces collected in this book trace the arc of Fineman's scholarship, from gender equality; to the role of the family as a social institution; to dependency; to autonomy; to the legal subject and vulnerability theory. This book reflects a lifetime of radical reimagining of the relationship between the state, individuals, families, and other social institutions that is just as relevant today, if not more so. In this book, Fineman offers a foundation for the achievement of true social justice, through the centering of our shared human vulnerability and dependency, grounded in the recognition of the ontological body and its material needs. Arranged in sections, and introduced by leading scholars in the field, these pieces ask us to re-examine our legally enshrined commitment to formal equality and the "mythological" autonomous independent legal subject; recognizing instead that we must call for an active and responsive state that meaningfully provides resilience through its social institutions. This collection demonstrates an evolution of heretical thought that has always pressed for a deeper understanding of the foundations of law and society, offering a model for other scholars on how to keep pressing through the hard work of thinking and rethinking the conceptual basics of language, law, society, and justice. This book will appeal to academics, policymakers, lawyers, activists, and students in law and politics theory with interests in law and society, human dependency and vulnerability, state responsibility, and feminism and the family; as well as others who have applied Fineman's vulnerability theory to issues in the fields of bioethics, artificial intelligence, and policing, to name just a few"--

Childbirth, Vulnerability and Law

Camilla Pickles,Jonathan Herring
Childbirth Vulnerability and Law Book PDF

Author : Camilla Pickles,Jonathan Herring
Publisher : Routledge
Page : 299 pages
File Size : 48,6 Mb
Release : 2019-08-23
Category : Health & Fitness
ISBN : 9780429812903

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Childbirth, Vulnerability and Law by Camilla Pickles,Jonathan Herring Pdf

This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability, and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors. The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.

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 : 47,8 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.