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Vol 22 No 7 July/August 2017

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The Labour Constitution: The Enduring Idea of Labour Law (eBook)


ISBN13: 9780191038600
Published: October 2014
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: £50.00 + £10.00 VAT
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Exploring different approaches to the study of labour law, this book examines different ways of conceiving of the subject and of describing, analysing, and criticizing current legislation and policy in the field. In particular, it assesses the validity of the suggestion that 'old ways' of thinking about the subject have become outdated. Detailed consideration is given to two such old ways: 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. 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.

The central argument of this book is that the labour constitution can be developed so as to provide an 'enduring idea of labour law', and this is constructed against a critique of modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. As compared with the posited '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 provides a framework for analysing labour laws, labour markets, and labour market institutions, which does not limit the capacity of scholarship in the field to retain its critical edge. It focuses our attentions on important questions, and important fields of enquiry: on questions, not least, of the consequences for workers of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making as markets continue to expand.

Subjects:
Employment Law, eBooks
Contents:
1. Introduction
2. Hugo Sinzheimer and the Economic Constitution
3. The Labour Constitution in the Nation State: Germany and the Institutionalization of Codetermination
4. A Labour Constitution Without the State? Otto Kahn-Freund and Collective Laissez-Faire
5. From Collective Laissez-Faire to the Law of the Labour Market
6. Labour Constitution of the European Union: The Social Dialogue
7. A Plurality of Labour Constitutions?
8. Labour Law or the Law of the Labour Market?

Series: Oxford Monographs on Labour Law

The Concept of the Employer ISBN 9780198796145
Published September 2016
Oxford University Press
£24.99
A Purposive Approach to Labour Law ISBN 9780198759034
Published May 2016
Oxford University Press
£60.00
Bullying and Behavioural Conflict at Work: The Duality of Individual Rights ISBN 9780199691371
Published November 2015
Oxford University Press
£70.00
Bullying and Behavioural Conflict at Work: The Duality of Individual Rights (eBook) ISBN 9780191058547
Published November 2015
Oxford University Press
£58.33 + £11.67 VAT
(ePub)
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The Concept of the Employer ISBN 9780198735533
Published March 2015
Oxford University Press
Out of print
The Concept of the Employer (eBook) ISBN 9780191054433
Published March 2015
Oxford University Press
Out of print
The Labour Constitution: The Enduring Idea of Labour Law ISBN 9780199601691
Published October 2014
Oxford University Press
£60.00
Legal Construction of Personal Work Relations ISBN 9780199551750
Published December 2011
Oxford University Press
£95.00
Legal Construction of Personal Work Relations (eBook) ISBN 9780191630019
Published December 2011
Oxford University Press
£75.00 + £15.00 VAT
(ePub)
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A Right to Care? Unpaid Work in European Employment Law ISBN 9780199579020
Published April 2011
Oxford University Press
£89.00
Regulating Flexible Work ISBN 9780199218790
Published March 2008
Oxford University Press
£59.00
Welfare to Work: Conditional Rights in Social Policy ISBN 9780199237418
Published February 2008
Oxford University Press
£61.00
EU Intervention in Domestic Labour Law ISBN 9780199277209
Published May 2007
Oxford University Press
£78.00
The Personal Employment Contract ISBN 9780199298631
Published December 2005
Oxford University Press
£44.49
European Employment Strategy: Labour Market Regulation and New Governance ISBN 9780199279647
Published December 2005
Oxford University Press
£95.00
£83.00
The Personal Employment Contract ISBN 9780199249268
Published July 2004
Oxford University Press
£115.00
Freedom of Speech and Employment
Lucy VickersSenior Lecturer in Law, Oxford Brookes University
ISBN 9780198268307
Published November 2002
Oxford University Press
£73.00
Women and the Law
Sandra FredmanReader in Law, Exeter College, Oxford University
ISBN 9780198763239
Published March 1999
Oxford University Press
£38.99
Women and the Law New ed ISBN 9780198763222
Published August 1998
Oxford University Press
£78.00
Just Wages for Women
Aileen McColganLecturer in Law, King's College, London
ISBN 9780198265887
Published September 1997
Oxford University Press
£100.00
The Right to Strike ISBN 9780198254393
Published July 1991
Oxford University Press
£80.00