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The Capability Approach to Labour Law

The Capability Approach to Labour Law

Author: Brian Langille
Publisher: Oxford University Press
ISBN: 9780198836087
Published In: April 2019
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Forty years ago Amartya Sen delivered his Tanner Lecture, 'Equality of What?', in which he introduced to the world a novel approach to the idea of equality by way of the notion of 'basic capability' as 'a morally relevant dimension'.

We can now see with hindsight that Sen's argument - that we should focus upon equality of basic capabilities ('a person being able to do certain basic things') - launched what has become an academic armada now proceeding under the flag of 'the capability approach'. While that flag has ventured far and wide and engaged many area of inquiry, this volume of essays is the first to explore how the capability approach (the CA) might shed light upon labour law.

Three dimensions of the CA's potential for illuminating labour law are examined. Part I enquires into the nature of the basic relationship between CA and labour law - do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law?

Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

Introduction: The Capability Approach to Labour Law-Why Are We Here?, Brian Langille

Part I: The Capability Approach and Labour Law: Fundamental Questions
1: What Can Sen's Capability Approach Offer to Labour Law, Hugh Collins
2: The Capability Approach and Labour Law: Identifying the Areas of Fit, Guy Davidov
3: Labor Law and the Capabilities Approach, Martha C. Nussbaum
4: Is the Capability Theory an Adequate Normative Theory for Labour Law?, Riccardo Del Punta
5: The Need to Become Fashionable, Supriya Routh
6: 1. What is Labour Law? Implications of the Capabilities Approach, Brian Langille

Part II: The Capability Approach to Labour Law from Other Disciplinary Perspectives
7: The Capability Approach and the Economics of Labour Law, Simon Deakin
8: Labor History and the Clash of Capabilities, Laura Weinrib
9: Capabilities, Utility, or Primary Goods? On Finding a Conceptual Framework for (International) Labour Law, Pascal McDougall
10: Work, Human Rights, and Human Capabilities, Virginia Mantouvalou
11: Capabilities Approaches and Labour Law through a Restorative Regulatory Lens, Bruce P. Archibald

Part III: The Capability Approach to Labour Law and Important Labour Law Controversies
12: The Constitution of Capabilities: The Case of Freedom of Association, Alan Bogg
13: Capabilities and Age Discrimination, Pnina Alon-Shenker
14: (Re)Imagining the Trade-Labour Linkage: The Capabilities Approach, Clair Gamage
15: Freedom in Work and the Capability Approach: Towards a Politics of Freedoms for Labour?, Robert Salais
16: Capabilities, Contract, and Causality: The Case of Sweatshop Goods, Lyn K. L. Tjon Soei Len