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The Right to Work: Legal and Philosophical Perspectives

The Right to Work: Legal and Philosophical Perspectives

Author: Virginia Mantouvalou
Publisher: Hart Publishing
ISBN: 9781509913787

Published In: January 2017
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781849465106

List Price: HKD 506.87

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The value of work cannot be underestimated in today's world. Work is valuable because productive labour generates goods needed for survival, like food and housing; goods needed for self-development, like education and culture; and other material goods that people wish to have in order to live a fulfilling life.

A job also generally inspires a sense of achievement, self-esteem and the esteem of the others. People develop social relations at work, which can be very important for them. Work brings both material and non-material benefits.

There is no doubt that work is a fundamental good. Do we have a human right to this good? What is the content of this right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect individuals from unfair dismissal? Does it impose an obligation to promote healthy and safe conditions at work? Who are the right holders? Do migrants have a right to work, for example? How about undocumented migrants, asylum-seekers or refugees?

The chapters of this book address the uncertainty and controversy that surrounds the right to work both in theoretical scholarship and in policy-making. They discuss the philosophical underpinnings of the right to work, and its development in human rights law at national (in jurisdictions such as the UK, Australia, France and the US) and international level (in the context of the European Social Charter, the International Labour Organisation and the European Convention on Human Rights and other legal orders).

1. Work, its Moral Meaning or Import David Wiggins

2. Is there a Human Right to Work? Hugh Collins

3. The Right to Non-Exploitative Work Virginia Mantouvalou

4. Universalising the Right to Work of Persons with Disabilities: An Equality and Dignity Based Approach Einat Albin

5. Aristotle, Arendt and the Gentleman: How the Conception of Remuneration Figures in our Understanding of a Right to Work and Be Paid JE Penner

6. The Right to Work in International Human Rights Law Colm O'Cinneide

7. The Right to (Decent) Work in a European Comparative Perspective Mark Freedland and Nicola Kountouris

8. Giving Up on the Human Right to Work James W Nickel

9. Only Fools and Horses: Some Sceptical Reflections on the Right to Work Alan L Bogg

10. The Right to Work and the Duty to Work Amir Paz-Fuchs

11. The French Approach to the Right to Work: The Potential of a Constitutional Right in Ordinary Courts Sophie Robin-Olivier

12. The Development of Right to Work Theories of Labour Law in Japan: A Comparative Perspective Kenji Arita

13. Progress Towards the Right to Work in the United Kingdom H ugh Collins

14. Why Do So Few Employees Return to their Jobs? In Pursuit of a Right to Work Following Unfair Dismissal Joanna Howe

15. A Right to Work in the United States: Historical Antecedents and Contemporary Possibilities Katherine VW Stone

16. Working Out the Right to Work in a Global Labour Market Guy Mundlak

17. The Right to Work and Labour Market Flexibility: Labour Market Governance Norms in the International Order Kerry Rittich

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