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Vol 22 No 7 July/August 2017

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A Purposive Approach to Labour Law


ISBN13: 9780198759034
Published: May 2016
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £60.00



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The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance.

This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market.

Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level.

The book offers several examples for the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change.

Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

Subjects:
Employment Law
Contents:
1: Introduction

Part I - Goals
2: Articulating Labour Law Goals: Why and How
3: The Idea of Labour Law as Addressing Vulnerabilities or Labour Market 'Problems'
4: The Values and Interests Advanced by Labour Law
5: The Goals of Specific Labour Regulations: Some Examples

Part II - Means
6: The Building Blocks of Labour Law: Employer and Employee
7: Using Open-Ended Standards to Advance Labour Law's Goals
8: Purposive Interpretation of Concrete Rules: Some Examples
9: Addressing the Compliance/Enforcement Crisis
10: Conclusion

Series: Oxford Monographs on Labour Law

The Concept of the Employer ISBN 9780198796145
Published September 2016
Oxford University Press
£24.99
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)
Buy
The Concept of the Employer (eBook) ISBN 9780191054433
Published March 2015
Oxford University Press
Out of print
The Concept of the Employer ISBN 9780198735533
Published March 2015
Oxford University Press
Out of print
The Labour Constitution: The Enduring Idea of Labour Law (eBook) ISBN 9780191038600
Published October 2014
Oxford University Press
£50.00 + £10.00 VAT
(ePub)
Buy
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 (eBook) ISBN 9780191630019
Published December 2011
Oxford University Press
£75.00 + £15.00 VAT
(ePub)
Buy
Legal Construction of Personal Work Relations ISBN 9780199551750
Published December 2011
Oxford University Press
£95.00
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