Labour Law in an Era of Globalization
Transformative Practices and Possibilities
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Product details:
- Publisher OUP Oxford
- Date of Publication 29 January 2004
- ISBN 9780199271818
- Binding Paperback
- No. of pages578 pages
- Size 232x156x31 mm
- Weight 884 g
- Language English 0
Categories
Short description:
Throughout the industrial world, the discipline of labour law has fallen into a deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labour law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic, and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition.
These essays - which are the product of a transnational comparative dialogue amongst academics and practitioners in labour law and related legal fields, including social security, immigration, trade, and development - identify, analyse, and respond to some of the conceptual and policy challenges posed by globalization.
Long description:
Throughout the industrial world, the discipline of labour law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labour law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic, and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition, a decline in the capacity of the nation-state to steer economic progress, the ascendancy of fiscal austerity and monetarism over Keynesian/welfare state politics, the appearance of post-industrial production models, the proliferation of contingent employment relationships, the fragmentation of class-based identities and emergence of new social movements, and the significantly increased participation of women in paid work.
These developments offer many appealing possibilities - the opportunity, for example, to contest the gender division of labour and re-think the boundaries between immigration and labour policy. But they also hold out quite threatening prospects - including increased unemployment and inequality and the decline of workers' organizations and social participation - in the context of proliferating constraints imposed by international financial pressures on enacting redistributive social and economic policies. New strategies must be developed to meet these challenges.
These essays - which are the product of a transnational comparative dialogue among academics and practitioners in labour law and related legal fields, including social security, immigration, trade, and development - identify, analyse, and respond to some of the conceptual and policy challenges posed by globalization.
[a] valuable book which is worthy of a place on any labour lawyer's bookshelf.
Table of Contents:
Part I. Labour Law in Transition
The Horizons of Transformative Labour and Employment Law
Labour Law at the Century's End: An Identity Crisis?
Part II. Contested Categories: Work, Worker, and Employment
Women, Work, and Family: A British Revolution?
Who Needs Labour Law? Defining the Scope of Labour Protection
Beyond Labour Law's Parochialism: A Re-envisioning of the Discourse of Distribution
Part III. Globalization and Its Discontents
Feminization and Contingency: Regulating the Stakes of Work for Women
Seeking Post-Seattle Clarity - and Inspiration
Death of a Labour Lawyer?
Part IV. Same as the Old Boss? The Firm, the Employment Contract, and the 'New' Economy
The Many Futures of the Contract of Employment
From Amelioration to Transformation: Capitalism, the Market, and Corporate Reform
Death and Suicide from Overwork: The Japanese Workplace and Labour Law
A Closer Look at the Emerging Employment Law of Silicon Valley's High-Velocity Labour Market
'A Domain into which the King's writ does not seek to run': Workplace Justice in the Shadow of Employment-at-Will
Part V. Border/States: Immigration, Citizenship, and Community
The Limits of Labour Law in a Fungible Community
Immigration Policies in Southern Europe: More State, Less Market?
The Imagined European Community: Are Housewives European Citizens?
Critical Reflections on 'Citizenship' as a Progressive Aspiration
Part VI. Labour Solidarity in an Era of Globalization: Opportunities and Challenges
The Decline of Union Power - Structural Inevitability or Policy Choice?
The Voyage of the Neptune Jade: Transnational Labour Solidarity and the Obstacles of Domestic Law
Mexican Trade Unionism in a Time of Transition
A New Course for Labour Unions: Identity-based Organizing as a Response to Globalization
Difference and Solidarity: Unions in a Postmodern Age
Part VII. Laying Down the Law: Strategies and Frontiers
Is There a Third Way in Labour Law?
Private Ordering and Workers' Rights in the Global Economy: Corporate Codes of Conduct as a Regime of Labour Market Regulation
Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work
Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment
Index
