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Vol 21 No 11 Nov/Dec 2016

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The Right to Work: Legal and Philosophical Perspectives

Edited by: Virginia Mantouvalou

ISBN13: 9781849465106
New Edition ISBN: 9781509913787
Published: January 2015
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00
Paperback edition not yet published, ISBN13 9781509913787



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The value of work cannot be underestimated in today's world. Work is valuable because productive labour generates goods needed for survival, like food and housing; goods needed for self-development, like education and culture; and other material goods that people wish to have in order to live a fulfilling life.

A job also generally inspires a sense of achievement, self-esteem and the esteem of the others. People develop social relations at work, which can be very important for them. Work brings both material and non-material benefits.

There is no doubt that work is a fundamental good. Do we have a human right to this good? What is the content of this right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect individuals from unfair dismissal? Does it impose an obligation to promote healthy and safe conditions at work? Who are the right holders? Do migrants have a right to work, for example? How about undocumented migrants, asylum-seekers or refugees?

The chapters of this book address the uncertainty and controversy that surrounds the right to work both in theoretical scholarship and in policy-making. They discuss the philosophical underpinnings of the right to work, and its development in human rights law at national (in jurisdictions such as the UK, Australia, France and the US) and international level (in the context of the European Social Charter, the International Labour Organisation and the European Convention on Human Rights and other legal orders).

Subjects:
Human Rights and Civil Liberties, Employment Law
Contents:
1. Work, its Moral Meaning or Import David Wiggins
2. Is there a Human Right to Work? Hugh Collins
3. The Right to Non-Exploitative Work Virginia Mantouvalou
4. Universalising the Right to Work of Persons with Disabilities: An Equality and Dignity Based Approach Einat Albin
5. Aristotle, Arendt and the Gentleman: How the Conception of Remuneration Figures in our Understanding of a Right to Work and Be Paid JE Penner
6. The Right to Work in International Human Rights Law Colm O'Cinneide
7. The Right to (Decent) Work in a European Comparative Perspective Mark Freedland and Nicola Kountouris
8. Giving Up on the Human Right to Work James W Nickel
9. Only Fools and Horses: Some Sceptical Reflections on the Right to Work Alan L Bogg
10. The Right to Work and the Duty to Work Amir Paz-Fuchs
11. The French Approach to the Right to Work: The Potential of a Constitutional Right in Ordinary Courts Sophie Robin-Olivier
12. The Development of Right to Work Theories of Labour Law in Japan: A Comparative Perspective Kenji Arita
13. Progress Towards the Right to Work in the United Kingdom H ugh Collins
14. Why Do So Few Employees Return to their Jobs? In Pursuit of a Right to Work Following Unfair Dismissal Joanna Howe
15. A Right to Work in the United States: Historical Antecedents and Contemporary Possibilities Katherine VW Stone
16. Working Out the Right to Work in a Global Labour Market Guy Mundlak
17. The Right to Work and Labour Market Flexibility: Labour Market Governance Norms in the International Order Kerry Rittich