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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.
1: Hugh Collins, Gillian Lester, and Virginia Mantouvalou: Introduction: Does Labour Law Need Philosophical Foundations? Part I: Freedom, Dignity, and Human Rights 2: John Gardner: The Contractualisation of Labour Law 3: Hugh Collins: Is the Contract of Employment Illiberal? 4: Pablo Gilabert: Dignity at Work 5: David Cabrelli and Rebecca Zahn: Civic Republican Political Theory and Labour Law 6: Brian Langille: Human Freedom: A Way out of Labour Law's Fly Bottle 7: Joe Atkinson: Human Rights as Foundations for Labour Law Part II: Distributive Justice and Exploitation 8: Guy Davidov: Distributive Justice and Labour Law 9: Noah D. Zatz: Discrimination and Labour Law: Locating the Market in Maldistribution and Subordination 10: Jonathan Wolff: Structures of Exploitation 11: Virginia Mantouvalou: Legal Construction of Structures of Exploitation 12: Horacio Spector: A Risk Theory of Exploitation Part III: Workplace Democracy and Self-Determination 13: Alan Bogg and Cynthia Estlund: The Right to Strike and Contestatory Citizenship 14: Martin O'Neill and Stuart White: Trade Unions and Political Equality Part IV: Social Inclusion 15: Joanne Conaghan: Gender and the Labour of Law 16: Einat Albin: Social Inclusion for Labour Law: Meeting Particular Scales of Justice 17: Sabine Tsuruda: Volunteer Work, Inclusivity, and Social Equality 18: Mark Freedland: Reinforcing the Philosophical Foundations of Social Inclusion: The Isolated Worker in the Isolated State
Author(s) | Edited by Hugh Collins (Vinerian Professor of English Law, All Souls College, Vinerian Professor of English Law, All Souls College, University of Oxford), Gillian Lester (Lucy G. Moses Professor of Law, Lucy G. Moses Professor of Law, Columbia Law School), Virginia Mantouvalou (Professor of Human Rights and Labour Law, Professor of Human Rights and Labour Law, University College London). |
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Publisher | Oxford University Press |
ISBN | 9780198825272 |
Format | Hardback |
Pages | 368 |
Published in | United Kingdom |
Published | 12 Dec 2018 |
Availability | Available |
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