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Labour Law in an Era of Globalization: Transformative Practices and Possibilities

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ISBN13: 9780199242474
ISBN: 019924247X
Published: March 2002
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9780199271818



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Throughout the industrial world, the discipline of labour law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labour law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition, a decline in the capacity of the nation-state to steer economic progress, the ascendancy of fiscal austerity and monetarism over Keynesian/welfare state politics, the appearance of post-industrial production models, the proliferation of contingent employment relationships, the fragmentation of class-based identities and emergence of new social movements, and the significantly increased participation of women in paid work. These developments offer many appealing possibilities - the opportunity, for example, to contest the gender division of labour and re-think the boundaries between immigration and labour policy.;But they also hold out quite threatening prospects - including increased unemployment and inequality and the decline of workers' organizations and social participation - in the context of proliferating constraints imposed by international financial pressures on enacting redistributive social and economic policies. New strategies must be developed to meet these challenges. These essays - which are the product of a transnational comparative dialogue among academics and practitioners in labour law and related legal fields, including social security, immigration, trade, and development - identify, analyze, and respond to some of the conceptual and policy challenges posed by globalization.

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Contents:
PART I. LABOUR LAW IN TRANSITION; 1. The Horizons of Transformative Labour and Employment Law; 2. Labour Law at the Century's End: An Identity Crisis?
PART II. CONTESTED CATEGORIES: WORK, WORKER, AND EMPLOYMENT; 3. Women, Work, and Family: A British Revolution?; 4. Who Needs Labour Law? Defining the Scope of Labour Protection; 5. Beyond Labour Law's Parochialism: A Re-envisioning of the Discourse of Distribution
PART III. GLOBALIZATION AND ITS DISCONTENTS; 6. Feminization and Contingency: Regulating the Stakes of Work for Women; 7. Seeking Post-Seattle Clarity - and Inspiration; 8. Death of a Labour Lawyer?
PART IV. SAME AS THE OLD BOSS? THE FIRM, THE EMPLOYMENT CONTRACT, AND THE 'NEW' ECONOMY; 9. The Many Futures of the Contract of Employment; 10. From Amelioration to Transformation: Capitalism, the Market, and Corporate Reform; 11. Death and Suicide from Overwork: The Japanese Workplace and Labour Law; 12. A Closer Look at the Emerging Employment Law of Silicon Valley's High-Velocity Labour Market; 13. 'A Domain into which the King's writ does not seek to run': Workplace Justice in the Shadow of Employment-at-Will
PART V. BORDER/STATES: IMMIGRATION, CITIZENSHIP, AND COMMUNITY; 14. The Limits of Labour Law in a Fungible Community; 15. Immigration Policies in Southern Europe: More State, Less Market?; 16. The Imagined European Community: Are Housewives European Citizens?; 17. Critical Reflections on 'Citizenship' as a Progressive Aspiration
PART VI. LABOUR SOLIDARITY IN AN ERA OF GLOBALIZATION: OPPORTUNITIES AND CHALLENGES; 18. The Decline of Union Power - Structural Inevitability or Policy Choice?; 19. The Voyage of the Neptune Jade: Transnational Labour Solidarity and the Obstacles of Domestic Law; 20. Mexican Trade Unionism in a Time of Transition; 21. A New Course for Labour Unions: Identity-based Organizing as a Response to Globalization; 22. Difference and Solidarity: Unions in a Post-Modern Age
PART VII. LAYING DOWN THE LAW: STRATEGIES AND FRONTIERS; 23. Is There a Third Way in Labour Law?; 24. Private Ordering and Workers' Rights in the Global Economy: Corporate Codes of Conduct as a Regime of Labour Market Regulation; 25. Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work; 26. Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment