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| Author | : Guy Davidov |
| Publisher | : Oxford University Press |
| Total Pages | : 305 |
| Release | : 2016 |
| Genre | : Law |
| ISBN | : 0198759037 |
This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
| Author | : Sergio Gamonal C. |
| Publisher | : Oxford University Press |
| Total Pages | : 201 |
| Release | : 2019-10-06 |
| Genre | : Law |
| ISBN | : 019005266X |
The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
| Author | : Mark Robert Freedland |
| Publisher | : Oxford University Press |
| Total Pages | : 501 |
| Release | : 2011-12-15 |
| Genre | : Law |
| ISBN | : 0199551758 |
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
| Author | : Guy Davidov |
| Publisher | : |
| Total Pages | : 289 |
| Release | : 2016 |
| Genre | : Labor laws and legislation |
| ISBN | : 9780191818790 |
This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
| Author | : Hugh Collins |
| Publisher | : Philosophical Foundations of L |
| Total Pages | : 369 |
| Release | : 2019-02-12 |
| Genre | : Law |
| ISBN | : 0198825277 |
The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.
| Author | : Guy Davidov |
| Publisher | : OUP Oxford |
| Total Pages | : 456 |
| Release | : 2013-01-17 |
| Genre | : Law |
| ISBN | : 0191648078 |
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.
| Author | : Alan Bogg |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 593 |
| Release | : 2020-02-27 |
| Genre | : Law |
| ISBN | : 0198836996 |
From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.
| Author | : Nicola Countouris |
| Publisher | : Routledge |
| Total Pages | : 274 |
| Release | : 2016-04-01 |
| Genre | : Law |
| ISBN | : 1317038924 |
During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.
| Author | : Zoe Adams |
| Publisher | : Oxford University Press, USA |
| Total Pages | : 321 |
| Release | : 2020-03-26 |
| Genre | : Law |
| ISBN | : 0198858892 |
Labour and the Wage: A Critical Perspective offers a new perspective on why labour law struggles to respond to problems such as low pay and under-inclusive employment. A Marxian-inspired ontological approach sheds new light on the role of labour law in a capitalist economy and on the limitations and potential of labour law when it comes to bringing about social change. It illustrates this through the lens of the wage. The book develops a legal genealogy that explores the shifting portfolio of concepts through which the wage has been conceptualized in legal discourse as capitalism has developed. This exploration spans from the Norman Conquest to the present day, and covers diverse issues such as the decasualization of the docks, sweated labour, the truck system, tax-credits, tips, and minimum wages. Labour and the Wage provides one of the most in-depth and comprehensive analyses of the wage to date, while, at the same time, shedding new light on the contradictory role, or function, of labour law in the context of capitalism.
| Author | : Alan Bogg |
| Publisher | : Oxford University Press |
| Total Pages | : 730 |
| Release | : 2016 |
| Genre | : Business & Economics |
| ISBN | : 0198783167 |
The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.
