The Labour Constitution

The Enduring Idea of Labour Law

Nonfiction, Reference & Language, Law, Labour & Employment, Constitutional
Cover of the book The Labour Constitution by Ruth Dukes, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Ruth Dukes ISBN: 9780191038600
Publisher: OUP Oxford Publication: October 16, 2014
Imprint: OUP Oxford Language: English
Author: Ruth Dukes
ISBN: 9780191038600
Publisher: OUP Oxford
Publication: October 16, 2014
Imprint: OUP Oxford
Language: English

By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.

More books from OUP Oxford

Cover of the book The Oxford Handbook of Political Theory by Ruth Dukes
Cover of the book Blackstone's Policing for the PCSO by Ruth Dukes
Cover of the book A Practical Approach to Family Law by Ruth Dukes
Cover of the book Oxford by Ruth Dukes
Cover of the book Oxford Handbook of Internet Psychology by Ruth Dukes
Cover of the book Corporate Internal Investigations by Ruth Dukes
Cover of the book Pop-Feminist Narratives by Ruth Dukes
Cover of the book Governance of Financial Institutions by Ruth Dukes
Cover of the book Employment Law and Human Rights by Ruth Dukes
Cover of the book What Maisie Knew by Ruth Dukes
Cover of the book Secure Lives by Ruth Dukes
Cover of the book Colonial Copyright by Ruth Dukes
Cover of the book Oxford Handbook of Sociology, Social Theory and Organization Studies by Ruth Dukes
Cover of the book The Stressed Sex by Ruth Dukes
Cover of the book Biodiversity Conservation and Environmental Change by Ruth Dukes
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy