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The Future Regulation of Work: New Concepts, New Paradigms

Edited by: Nicole Busby, Douglas Brodie, Rebecca Zahn

ISBN13: 9781137432438
Published: April 2016
Publisher: Palgrave Macmillan
Country of Publication: UK
Format: Hardback
Price: £44.99

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Labour law is in crisis. Global economic factors and the changing contours of work and workplace relations have led to a reorientation of the social, economic, political and cultural environment within which labour law has developed.

This is not a jurisdictional problem but rather is deeply entrenched in transnational development. Solutions must recognise and mobilise the transformational shift that has taken place over recent decades. Law should be viewed as a force for and a facilitator of change, capable of expressing and determining social relations.

The essays in this book explore the challenges posed by labour law's potential reinvention as a discipline fit for accommodating and investigating such change within a range of different but connected jurisdictional and regulatory concepts and paradigms.

Employment Law, Law and Society

PART I: The Regulation of Work: Imagining the Future
1. A New Vocabulary and Imaginary for Labour Law: Taking Legal Constitution, Gender, and Social Reproduction Seriously
Judy Fudge
2. Labour Law: Issues of Inclusion and Differentiation
Douglas Brodie
3. The Equality Agenda
Bob Hepple

PART II: Beyond the Employment Contract?
4. Regulating the Engagement of Non-Employed Labour: A View from the Antipodes
Joellen Riley
5. The Changing Nature of Work and the Regulation of Health and Safety
Richard Johnstone

PART III: Shifting Paradigms
6. Labour Market Regulation in Asia: The Growing Dominance of Market-based Mechanisms?
John Benson
7. Collective Labour Rights in EU and International Law: Consolidation, Reconciliation and Beyond?
Nicole Busby and Rebecca Zahn
8. Reforms of Collective Labour Law in Time of Crisis: Towards a New Landscape for Industrial Relations in the European Union?
Isabelle Schomann

PART IV: Alternative Structures: Fundamental Social Rights, Decent Work and Human Rights
9. What is Decent about 'Decent Work'? An Argument for a Right to Decent Work in South Africa
Jan Theron
10. Labour in the Economic Social Cultural Rights Regime of the Inter-American System on Human Rights
Rose-Marie Belle Antoine Conclusions

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