Download or read book A Purposive Approach to Labour Law written by Guy Davidov and published by Oxford University Press. This book was released on 2016 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
Download or read book Principled Labor Law written by Sergio Gamonal C. and published by Oxford University Press. This book was released on 2019-10-06 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
Download or read book The Idea of Labour Law written by Guy Davidov and published by OUP Oxford. This book was released on 2013-01-17 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.
Download or read book Criminality at Work written by Alan Bogg and published by Oxford University Press. This book was released on 2020-03-12 with total page 593 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive orders, harassment at work, and industrial protest. This volume explores the political and regulatory dimensions of the new 'criminality at work' from a wide range of disciplinary perspectives, including labour law, immigration law, and health and safety regulations. The volume provides an overview of the regulatory terrain of 'criminality at work', exploring whether these different regulatory interventions represent politically legitimate uses of the criminal law. The book also examines whether these recent interventions constitute a new pattern of criminalization that operates in preventive mode and is based upon character and risk-based forms of culpability. The volume concludes by reflecting upon the general themes of 'criminality at work' comparatively, from Australian, Canadian, and US perspectives. Criminality at Work is a timely, rich and ambitious piece of scholarship that examines the many intersections between criminal law and work relations from a historical and contemporary vantage-point.
Download or read book Strike Ballots Democracy and Law written by Breen Creighton and published by Oxford University Press, USA. This book was released on 2020-11-05 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically evaluates mandatory strike ballots as a means of protecting the 'democratic' rights of workers. Exploring empirical case studies from Australia and comparative analysis from a range of other countries, this book concludes that often the goal is to curtail strikes rather than support the democratic imperative for workers.
Download or read book The Future of Law and Economics written by Guido Calabresi and published by Yale University Press. This book was released on 2016-01-28 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.
Download or read book The Concept of the Employer written by Jeremias Prassl and published by Oxford University Press, USA. This book was released on 2015 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on the author's thesis (doctoral - Oxford University, 2012), under title: The notion of the employer in multilateral organisational settings.
Download or read book Philosophical Foundations of Labour Law written by Hugh Collins and published by Philosophical Foundations of L. This book was released on 2019-02-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.
Download or read book The Changing Law of the Employment Relationship written by Nicola Countouris and published by Routledge. This book was released on 2016-04-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.
Download or read book The Contract of Employment written by Alan Bogg and published by Oxford University Press. This book was released on 2016 with total page 730 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment." --Publisher's website.
Download or read book The Principles of Constitutionalism written by N. W. Barber and published by Oxford University Press. This book was released on 2018-07-26 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this follow-up volume to the critically acclaimed The Constitutional State, N. W. Barber explores how the principles of constitutionalism structure and influence successful states. Constitutionalism is not exclusively a mechanism to limit state powers. An attractive and satisfying account of constitutionalism, and, by derivation, of the state, can only be reached if the principles of constitutionalism are seen as interlocking parts of a broader doctrine. This holistic study of the relationship between the constitutional state and its central principles - sovereignty; the separation of powers; the rule of law; subsidiarity; democracy; and civil society - casts light on long-standing debates over the meaning and implications of constitutionalism. The book provides a concise introduction to constitutionalism and a detailed account of the nature and implications of each of the principles in question. It concludes with an examination of the importance of constitutional principles to the work of judges, legislators, and others involved in the operation and creation of the constitution. The book is essential reading for those seeking a definitive account of constitutionalism and its benefits.
Download or read book The Capability Approach to Labour Law written by Brian Langille and published by Oxford University Press. This book was released on 2019-04-04 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at 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.
Download or read book Labour and the Wage written by Zoe Adams and published by Oxford University Press, USA. This book was released on 2020-03-26 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour and the Wage: A Critical Perspective offers a new perspective on why labour law struggles to respond to problems such as low pay and under-inclusive employment. A Marxian-inspired ontological approach sheds new light on the role of labour law in a capitalist economy and on the limitations and potential of labour law when it comes to bringing about social change. It illustrates this through the lens of the wage. The book develops a legal genealogy that explores the shifting portfolio of concepts through which the wage has been conceptualized in legal discourse as capitalism has developed. This exploration spans from the Norman Conquest to the present day, and covers diverse issues such as the decasualization of the docks, sweated labour, the truck system, tax-credits, tips, and minimum wages. Labour and the Wage provides one of the most in-depth and comprehensive analyses of the wage to date, while, at the same time, shedding new light on the contradictory role, or function, of labour law in the context of capitalism.
Download or read book Humans as a Service written by Jeremias Prassl and published by Oxford University Press. This book was released on 2018-04-05 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The crowdsourcing of work - the 'gig economy' - has been hailed as a 'sharing' revolution, enabling 'micro-entrepreneurs' to enjoy greater autonomy and flexibility in taking on 'gigs', 'rides', or 'tasks', while customers benefit from the ease, convenience, and affordability of 'work on demand'. Is this the future of work? What are the benefits and challenges of crowdsourced work? Is the gig economy fundamentally different to existing models of work and should it be kept outside the scope of employment law, as many platforms claim? Humans as a Service offers an engaging and critical account of the gig economy. It charts the industry's dramatic growth, explores the diverse platforms that comprise it, and describes how they operate. In scrutinising the competing narratives about 'gig' work, the book demonstrates the importance of language: how claims of 'disruptive innovation' and 'micro-entrepreneurship' often obscure the realities of highly precarious work and the strict algorithmic surveillance and control to which workers are subject. And yet, far from being radically new, the book shows that the gig economy is but the latest (and perhaps most extreme) example of labour market practices that have existed for centuries. Turning to how the law should respond to the on-demand economy, it argues that regulators can and must bring this work within the scope of employment law, adapting existing norms where necessary, in order to protect both customers and workers. Finally, it explores the wider implications of the gig economy for markets and consumers, assessing oppprtunities and challenges - if this is the future of work, how can it be made sustainable?
Download or read book Landmark Cases in Property Law written by Simon Douglas and published by Bloomsbury Publishing. This book was released on 2015-06-25 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.
Download or read book The Changing Nature of Work written by National Research Council and published by National Academies Press. This book was released on 1999-09-07 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there is great debate about how work is changing, there is a clear consensus that changes are fundamental and ongoing. The Changing Nature of Work examines the evidence for change in the world of work. The committee provides a clearly illustrated framework for understanding changes in work and these implications for analyzing the structure of occupations in both the civilian and military sectors. This volume explores the increasing demographic diversity of the workforce, the fluidity of boundaries between lines of work, the interdependent choices for how work is structured-and ultimately, the need for an integrated systematic approach to understanding how work is changing. The book offers a rich array of data and highlighted examples on: Markets, technology, and many other external conditions affecting the nature of work. Research findings on American workers and how they feel about work. Downsizing and the trend toward flatter organizational hierarchies. Autonomy, complexity, and other aspects of work structure. The committee reviews the evolution of occupational analysis and examines the effectiveness of the latest systems in characterizing current and projected changes in civilian and military work. The occupational structure and changing work requirements in the Army are presented as a case study.
Download or read book The Personal Employment Contract written by Mark Freedland and published by Oxford University Press on Demand. This book was released on 2006 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up to and including the Employment Act 2002, and considers the impact of the Human Rights Act 1998 and of the developing law of human and social rights more generally. In this work the author has up-dated and built upon his earlier treatise on the Contract of Employment published in 1975. The present work takes account of the very considerable amount of case-law, legislation and legal writing which has affected the law of the contract of employment since the earlier treatise was written. However, the present work aims to do more than providing a second edition of The Contract of Employment. It addresses a wider range of employment relationships than the previous work did; in fact, it argues for and is constructed around a whole new category of employment contracts, which includes not only contracts of employment but also other personal employment contracts", a concept which the author articulates and justifies. Within that novel conceptual framework, many of the major features of the law of employment contracts are re-examined and presented in unfamiliar and challenging terms. Thus, the employer is re-conceptualized as the "employing enterprise", the bilateral structure ofemployment contracts is re-evaluated, and new explanations are advanced for the functioning of the law of termination of employment contracts and of remedies for wrongful termination."
