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The Idea of Labour Law

Edited by: Guy Davidov and Brian Langille

ISBN13: 9780199693610
Published: June 2011
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £105.00
Paperback edition , ISBN13 9780199669455

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Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector".

These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it.

This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years.

In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

Employment Law
Guy Davidov and Brian Langille: Understanding Labour Law: A Timeless Idea, a Timed-Out Idea, or an Idea Whose Time has Now Come?
The Idea of Labour Law in Historical Context
1: Harry Arthurs: Labour Law After Labour
2: Bob Hepple: Factors Influencing the Making and Transformation of Labour Law in Europe
3: Manfred Weiss: Re-Inventing Labour Law?
4: Ruth Dukes: Hugo Sinzheimer and the Constitutional Function of Labour Law
5: Adrián Goldin: Global Conceptualizations and Local Constructions on the Idea of Labour Law
6: Alan Hyde: The Idea of the Idea of Labour Law: A Parable
Normative Foundations of the Idea of Labour Law
7: Brian Langille: Labour Law's Theory of Justice
8: Judy Fudge: Labour as a 'Fictive Commodity': Radically Reconceptualizing Labour Law
9: Hugh Collins: Theories of Rights as Justifications for Labour Law
10: Simon Deakin: The Contribution of Labour Law to Economic and Human Development
Normative Foundations and Legal Ideas: Rethinking Existing Structures
11: Guy Davidov: Re-Matching Labour Laws with Their Purpose
12: Mark Freedland and Nicola Kountouris: The Legal Characterization of Personal Work Relations and the Idea of Labour Law
13: Paul Benjamin: Ideas of Labour Law - Views From the South
14: Kamala Sankaran: Informal Employment and the Challenges for Labour Law
15: Noah Zatz: The Impossibility of Work Law
16: Catherine Barnard: Procurement Law to Enforce Labour Standards
17: Katherine V.W. Stone and Scott L. Cummings: Labor Activism in Local Politics: From CBAs to 'CBAs' and Beyond
New Labour Law Ideas: Rethinking Existing Boundaries
18: John Howe: The Broad Idea of Labour Law: Industrial Policy, Labour Market Regulation, and Decent Work
19: Guy Mundlak: The Third Function of Labor Law: Distributing Labor Market Opportunities Among Workers
20: Gillian Lester: Beyond Collective Bargaining: Modern Unions as Agents of Social Solidarity
21: Julia López, Consuelo Chacartegui, and César G Cantón: From Conflict to Regulation: The Transformative Function of Labour Law
New Ideas of Labour Law from an International Perspective
22: Leah Vosko: Out of the Shadows? The Non-Binding Multilateral Framework on Migration (2006) and Prospects for Using International Labour Regulation to Forge Global Labour Market Membership
21: Michael Piore: Flexible Bureaucracies in Labor Market Regulation
24: Silvana Sciarra: Collective Exit Strategies: New Ideas in Transnational Labour Law
25: Adelle Blackett: Emancipation in the Idea of Labour Law: Commoditization, Resistance and Distributive Justice beyond borders.