Description
Book SynopsisTo what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland’s retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory.
Trade Review...an important and extremely readable contribution to current debates regarding the idea of labour law, and an affectionate and fitting tribute to Freedland. -- Ruth Dukes * Comparative Labor Law and Policy Journal *
This book not only contains excellent contributions from outstanding scholars; that is taken for granted when we speak about ‘Oxford labour law’. Most valuable is the insider information that the authors provide about labour law scholars in Oxford. This insider knowledge, sometimes even jokes, make the reading of the book not only worthwhile, but highly entertaining. -- Erika Kovács * European Journal of Social Security *
Table of ContentsPart I: Labour Law’s Autonomy: Theory and Methodology 1 Otto Kahn-Freund, the Contract of Employment and the Autonomy of Labour Law
Mark Freedland 2 Contractual Autonomy
Hugh Collins 3 Labour Law and the Trade Unions: Autonomy and Betrayal
Alan Bogg 4 Common Law Confusion and Empirical Research in Labour Law
Lizzie Barmes 5 Evaluating the Reflexive Turn in Labour Law
Diamond Ashiagbor Part II: Labour Law’s Autonomy: Core Organizing Concepts 6 Autonomous Concepts in Labour Law? The Complexities of the Employing Enterprise Revisited
Jeremias Prassl 7 Uses and Misuses of ‘Mutuality of Obligations’ and the Autonomy of Labour Law
Nicola Countouris 8 Migrants and Forced Labour: A Labour Law Response
Cathryn Costello Part III: Labour Law’s Autonomy: Labour Law, Public Law and Human Rights 9 Labour Law as Public Law
ACL Davies 10 Equality Law: Labour Law or an Autonomous Field?
Sandra Fredman 11 Labour Law as Human Rights Law: A Critique of the Use of ‘Dignity’ by Freedland and Kountouris
Christopher McCrudden 12 The EU Internal Market and Domestic Labour Law: Looking Beyond Autonomy
Phil Syrpis and Tonia Novitz Part IV: Labour Law’s Autonomy: Labour Law, Commercial Law and Economic Theory 13 Labour Law as the Law of the Business Enterprise
Alice Carse and Wanjiru Njoya 14 Conceptualizing the Employer as Fiduciary: Mission Impossible?
Jill Murray 15 Efficiency Arguments for the Collective Representation of Workers: A Sketch
Paul Davies 16 Labour Law on the Plateau: Towards Regulatory Policy for Endogenous Norms
Deirdre McCann
