Philosophical Foundations of Labour LawHugh Collins, Gillian Lester, Virginia Mantouvalou 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. |
Contents
Does Labour Law Need Philosophical Foundations? | 1 |
Part I | 31 |
2 The Contractualisation of Labour Law | 33 |
3 Is the Contract of Employment Illiberal? | 48 |
4 Dignity at Work | 68 |
A Way out of Labour Laws Fly Bottle | 87 |
6 Civic Republican Political Theory and Labour Law | 104 |
7 Human Rights as Foundations for Labour Law | 122 |
11 Legal Construction of Structures of Exploitation | 188 |
12 A Risk Theory of Exploitation | 205 |
Part III | 227 |
13 The Right to Strike and Contestatory Citizenship | 229 |
14 Trade Unions and Political Equality | 252 |
Part IV | 269 |
15 Gender and the Labour of Law | 271 |
Meeting Particular Scales of Justice | 287 |
Other editions - View all
Philosophical Foundations of Labour Law Hugh Collins,Gillian Lester,Virginia Mantouvalou Limited preview - 2018 |
Philosophical Foundations of Labour Law Hugh Collins,Gillian Lester,Virginia Mantouvalou Limited preview - 2018 |
Philosophical Foundations of Labour Law Hugh Collins,Gillian Lester,Virginia Mantouvalou Limited preview - 2018 |
Common terms and phrases
Alan Bogg argued argument bargaining power basic liberties Brian Langille capital capitalist chapter collective bargaining conception constitutional context contract of employment contractualisation democracy dignity distributive justice domestic workers domination economic employer employment law employment relation employment relationship equality example exploitation focus foundations of labour freedom of association gender Gillian Lester Guy Davidov Hugh Collins human rights ibid idea individual institutions International Jonathan Wolff justified labour law labour market labour migration labour rights Law Review law’s liberal values Mark Freedland Marx merit inclusivity minimum wage moral non-domination normative normative account organisation person Pettit Philip Pettit Philosophical Foundations political theory position principles production protection question Rawls reason recognition redistribution regulation republican requires right to strike risk role social inclusion society structural subordination Theory of Justice Tim Hortons tion trade unions University Press Virginia Mantouvalou volunteer vulnerability workplace Zatz