Description
Book SynopsisThroughout 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, t
Trade Review[a] valuable book which is worthy of a place on any labour lawyer's bookshelf. * Stephen T. Hardy, Modern Law Review *
The strength of [this] collection is that it contains critical, interdisciplinary and international perspectives on a wide variety of topics...there is much in this book to stimulate teachers, researchers and students of a subject in transition. * Bob Hepple, The Cambridge Law Journal, 2002 *
... well worth reading...provides interesting insights...which will no doubt engage readers...for some time to come. * Jill Murray, Australian Journal of Labour Law, 2003 *
Table of ContentsPART I. LABOUR LAW IN TRANSITION ; 1. The Horizons of Transformative Labour and Employment Law ; 2. Labour Law at the Century's End: An Identity Crisis? ; PART II. CONTESTED CATEGORIES: WORK, WORKER, AND EMPLOYMENT ; 3. Women, Work, and Family: A British Revolution? ; 4. Who Needs Labour Law? Defining the Scope of Labour Protection ; 5. Beyond Labour Law's Parochialism: A Re-envisioning of the Discourse of Distribution ; PART III. GLOBALIZATION AND ITS DISCONTENTS ; 6. Feminization and Contingency: Regulating the Stakes of Work for Women ; 7. Seeking Post-Seattle Clarity - and Inspiration ; 8. Death of a Labour Lawyer? ; PART IV. SAME AS THE OLD BOSS? THE FIRM, THE EMPLOYMENT CONTRACT, AND THE 'NEW' ECONOMY ; 9. The Many Futures of the Contract of Employment ; 10. From Amelioration to Transformation: Capitalism, the Market, and Corporate Reform ; 11. Death and Suicide from Overwork: The Japanese Workplace and Labour Law ; 12. A Closer Look at the Emerging Employment Law of Silicon Valley's High-Velocity Labour Market ; 13. '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 ; 14. The Limits of Labour Law in a Fungible Community ; 15. Immigration Policies in Southern Europe: More State, Less Market? ; 16. The Imagined European Community: Are Housewives European Citizens? ; 17. Critical Reflections on 'Citizenship' as a Progressive Aspiration ; PART VI. LABOUR SOLIDARITY IN AN ERA OF GLOBALIZATION: OPPORTUNITIES AND CHALLENGES ; 18. The Decline of Union Power - Structural Inevitability or Policy Choice? ; 19. The Voyage of the Neptune Jade: Transnational Labour Solidarity and the Obstacles of Domestic Law ; 20. Mexican Trade Unionism in a Time of Transition ; 21. A New Course for Labour Unions: Identity-based Organizing as a Response to Globalization ; 22. Difference and Solidarity: Unions in a Postmodern Age ; PART VII. LAYING DOWN THE LAW: STRATEGIES AND FRONTIERS ; 23. Is There a Third Way in Labour Law? ; 24. Private Ordering and Workers' Rights in the Global Economy: Corporate Codes of Conduct as a Regime of Labour Market Regulation ; 25. Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work ; 26. Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment ; Index