Philosophical Foundations of Labour Law

Administrative / Constitutional Law › Employment / Labour Law

Philosophical Foundations of Labour Law

Edited by Hugh Collins · Gillian Lester · Virginia Mantouvalou
Oxford University Press December 2018

Specifications

ISBN-13
9780198825272
Publisher
Oxford University Press
Publication
December 2018
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This collection of essays presents an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law and employment law.

The book addresses the doubts that have been expressed about whether a body of labour law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy.

Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion.

Table of Contents

1: Introduction: Does Labour Law Need Philosophical Foundations?, Hugh Collins, Gillian Lester, and Virginia Mantouvalou

Part I: Freedom, Dignity, and Human Rights
2: The Contractualisation of Labour Law, John Gardner
3: Is the Contract of Employment Illiberal?, Hugh Collins
4: Dignity at Work, Pablo Gilabert
5: Civic Republican Political Theory and Labour Law, David Cabrelli and Rebecca Zahn
6: Human Freedom: A Way out of Labour Law's Fly Bottle, Brian Langille
7: Human Rights as Foundations for Labour Law, Joe Atkinson

Part II: Distributive Justice and Exploitation
8: Distributive Justice and Labour Law, Guy Davidov
9: Discrimination and Labour Law: Locating the Market in Maldistribution and Subordination, Noah D. Zatz
10: Structures of Exploitation, Jonathan Wolff
11: Legal Construction of Structures of Exploitation, Virginia Mantouvalou
12: A Risk Theory of Exploitation, Horacio Spector

Part III: Workplace Democracy and Self-Determination
13: The Right to Strike and Contestatory Citizenship, Alan Bogg and Cynthia Estlund
14: Trade Unions and Political Equality, Martin O'Neill and Stuart White

Part IV: Social Inclusion
15: Gender and the Labour of Law, Joanne Conaghan
16: Social Inclusion for Labour Law: Meeting Particular Scales of Justice, Einat Albin
17: Volunteer Work, Inclusivity, and Social Equality, Sabine Tsuruda
18: Reinforcing the Philosophical Foundations of Social Inclusion: The Isolated Worker in the Isolated State, Mark Freedland
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