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The Labour Constitution: The Enduring Idea of Labour Law: Oxford Labour Law

Autor Ruth Dukes
en Limba Engleză Hardback – 16 oct 2014
Exploring different approaches to the study of labour law, this book examines different ways of conceiving of the subject and of describing, analysing, and criticizing current legislation and policy in the field. In particular, it assesses the validity of the suggestion that 'old ways' of thinking about the subject have become outdated. Detailed consideration is given to two such old ways: the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. The central argument of this book is that the labour constitution can be developed so as to provide an 'enduring idea of labour law', and this is constructed against a critique of modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. As compared with the posited 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It provides a framework for analysing labour laws, labour markets, and labour market institutions, which does not limit the capacity of scholarship in the field to retain its critical edge. It focuses our attentions on important questions, and important fields of enquiry: on questions, not least, of the consequences for workers of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making as markets continue to expand.
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Specificații

ISBN-13: 9780199601691
ISBN-10: 0199601690
Pagini: 260
Dimensiuni: 163 x 240 x 21 mm
Greutate: 0.56 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Seria Oxford Labour Law

Locul publicării:Oxford, United Kingdom

Recenzii

Dukes presents a convincing argument which outlines the attractiveness of the labour constitution as an idea... For anyone interested in the question of what is labour law this book is highly recommended reading and certainly makes a valuable contribution to the existing literature.
A brave book that retrieves and defends the goals of emancipation and democracy against contemporary theorising that accepts the market as the measure of and mechanism for achieving workplace and economic justice... An important contribution to debates about the crisis of labour law.
Thoughtful and thought provoking... It merits a very wide readership among all serious students of labour law.
I really enjoyed the deliberate stirring up of thinking in Dukes' work... If ensuing debates reawaken discussion of the big battles to be fought for/ by workers, such as freedom and democracy, and capital vs. labour, Dukes will have succeeded rather spectacularly in reclaiming old approaches.
In this brilliant monograph, Dukes develops a rich account and application of the old ideas of labour law within the context of advanced globalization and the complex interaction between different legal orders concerned with the regulation of work.
The strength of this marvellous book lies in its duality: it offers a truly original analysis of the evolution of labour law as well as central insights into the relationship between law, economy, and politics. The book is not only a must-read for labour lawyers but also for social theorists and sociologists, as well as political economists and political scientists.
Ruth Dukes gifts us an ambitious scholarly accomplishment that conveys a compelling message. In its origins, labour law was committed to achieving egalitarian redistribution, democratizing economic life, and ending domination and subordination in work. Recently, it has forsaken these enduring aspirations. We should recover and modernize them, and re-orient our work in their light.

Notă biografică

Ruth Dukes is a Professor of Labour Law at the University of Glasgow. She holds degrees from the University of Edinburgh (LLB), the Humboldt University in Berlin (LLM with distinction), and the London School of Economics (PhD). In 2010, she was awarded the Modern Law Review's Wedderburn Prize for her article 'Otto Kahn-Freund and Collective Laissez-Faire: an Edifice without a Keystone?'. In 2011/12 she was an Early Career Fellow of the AHRC and a MacCormick Fellow at the University of Edinburgh. She is a member of the Executive Committee of the Institute of Employment Rights.