The Law of the Labour Market
Industrialization, Employment, and Legal Evolution
Series: Oxford Labour Law;
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Product details:
- Publisher OUP Oxford
- Date of Publication 7 April 2005
- ISBN 9780198152811
- Binding Hardback
- No. of pages408 pages
- Size 242x164x27 mm
- Weight 758 g
- Language English 0
Categories
Short description:
This book examines the evolution of the contract of employment in Britain through an investigation of changes in its juridical form during and since the industrial revolution. The initial conditions of industrialization and the subsequent growth of a particular type of welfare state have decisively shaped the evolutionary path of British labour and social security law. The implications of this historical perspective for modern conceptualizations of the labour market, and in particular for current proposals to move 'beyond' the employment model, are addressed.
MoreLong description:
The emergence of a 'labour market' in industrial societies implies not just greater competition and increased mobility of economic resources, but also the specific form of the work relationship which is described by the idea of wage labour and its legal expression, the contract of employment. This book examines the evolution of the contract of employment in Britain through a close investigation of changes in its juridical form during and since the industrial revolution. The initial conditions of industrialization and the subsequent growth of a particular type of welfare state are shown to have decisively shaped the evolutionary path of British labour and social security law.
In particular, the authors argue that nature of the legal transition which accompanied industrialization in Britain cannot be adequately captured by the conventional idea of a movement from status to contract. What emerged from the industrial revolution was not a general model of the contract of employment, but rather a hierarchical conception of service, which originated in the Master and Servant Acts and was slowly assimilated into the common law. It was only as a result of the growing influence of collective bargaining and social legislation, and with the spread of large-scale enterprises and of bureaucratic forms of organization, that the modern term 'employee' began to be applied to all wage and salary earners. The concept of the contract of employment which is familiar to modern labour lawyers is thus a much more recent phenomenon than has been widely supposed. This has important implications for conceptualizations of the modern labour market, and for the way in which current proposals to move 'beyond' the employment model, in the face of intensifying technological and institutional change, should be addressed.
Table of Contents:
Labour markets and legal evolution
The origins of the contract of employment
The duty to work
Collective bargaining and social legislation
Capabilities, competition, and rights
