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The Idea of Labour Law
Edited by Guy Davidov and Brian Langille
454 pages
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234x156mm
978-0-19-969361-0
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Hardback
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02 June 2011
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This item is printed to order. Items which are printed to order are normally despatched and charged within 5-10 days.
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- Articulates a new way of conceptualizing labour law and its future by some of the world's leading labour scholars
- A critical review of the basic values and aims of the field in light of the challenges of today's labour market practices and globalization
- Uses a comparative approach to encourage reflection on the future of labour law across a wide number of jurisdictions
Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually
coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it.
This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and
employers.Readership: Labour law academics, graduate students, other law students, policy-makers, labour law practitioners.
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Edited by Guy Davidov, Vice-Dean and Elias Lieberman Chair in Labour Law at the Hebrew University of Jerusalem, and Brian Langille, Professor of Law at the University of Toronto Guy Davidov is Vice-Dean and Elias Lieberman Chair in Labour Law at the Hebrew University of Jerusalem. He studied at Tel-Aviv University (LLB) and the University of Toronto (LLM, SJD) and has previously been a faculty member at the University of Haifa, before joining the Hebrew University in 2007. He is co-editor of the Israeli journal Labour, Society and Law, and a member of the executive board of the International Society for Labour Law and Social Security. He has published widely on labour law issues,
especially dealing with the normative justifications for different labour regulations.
Brian Langille is Professor of Law at the University of Toronto. He has twice served as Associate Dean (Graduate Studies), served as Acting Dean in 2003-04, and as Interim Dean in 2005. A native of Nova Scotia, he received a B.A. from Acadia, his LL.B from Dalhousie Law school, and the B.C.L. from Oxford. He taught at Dalhousie Law School prior to joining the University of Toronto in 1983. His numerous publications are concerned with labour law and legal theory. Professor Langille was a member of Canadian delegations to both the Governing Body and the International Labour Conference of the ILO (International Labour Organization), a consultant to the Federal and various provincial governments on domestic and international labour issues, a consultant to the ILO, and a Rapporteur
to the OECD, and a member of the executive of the International Society for Labour Law and Social Security. He is an editor of the International Labour Law Reports, and a member of the Labour Law Casebook Group.< Contributors:
Harry Arthurs, Osgoode Hall Law School, Canada
Catherine Barnard, University of Cambridge
Paul Benjamin, University of Cape Town, South Africa
Adelle Blackett, McGill University, Canada
César G. Cantón, Pompeu Fabra University, Spain
Consuelo Charcartegui, Pompeu Fabra University, Spain
Hugh Collins, London School of Economics, UK
Scott L. Cummings, Professor of Law, UCLA
School of Law, USA
Guy Davidov, Hebrew University of Jerusalem, Israel
Simon Deakin, University of Cambridge, UK
Ruth Dukes, University of Glasgow, UK
Mark Freedland, University of Oxford, UK
Judy Fudge, University of Victoria, Canada
Adrián Goldin, University of San Andrés, Argentina
Bob Hepple, University of Cambridge
John Howe, Melbourne Law School, Australia
Nicola Kountouris, Lecturer in Law at University College London, UK
Alan Hyde, Rutgers University, USA
Brian Langille, University of Toronto, Canada
Gillian Lester, University of California Berkeley, USA
Julia López, Pompeu Fabra University, Spain
Guy Mundlak,
Tel-Aviv University, Israel
Michael Piore, Department of Economics, MIT, USA
Kamala Sankaran, University of Delhi, India
Silvana Sciarra, University of Florence, Italy
Katherine Stone, University of California Los Angeles, USA
Leah Vosko, School of Social Sciences, York University, Canada
Manfred Weiss, Goethe University Frankfurt am Main, Germany
Noah Zatz, University of California Los Angeles, USA
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"The idea of labour law features 25 contributions from 29 leading experts in the field who challenge, in different ways, the way we think about labour law. All of the chapters are informative and thought-provoking. Several are outstanding...Following a useful introduction by the editors, the books successive chapters provide a wealth of information and analysis." - Anne Trebilcock, International Labour Review " The Idea of Labour Law is something too important to be left to lawyers alone; so I hope this edited collection is read by a wide audience in employment relations." - Aaron Rathmell (Barrister) Journal of Industrial Relations "This book, of twenty-five chapters by thirty
authors, is packed with information, insight, argument, and angst. These chapters variously cry grief and despair, call for fundamental reformulation, suggest a less radical range for adaptation and growth, or express sobering cautions even as they echo the last suggestion." - Matthew W. Finkin, Comparative Labour Law & Policy Journal
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Guy Davidov and Brian Langille: Understanding Labour Law: A Timeless Idea, a Timed-Out Idea, or an Idea Whose Time has Now Come?
The Idea of Labour Law in Historical Context
1: Harry Arthurs: Labour Law After Labour
2: Bob Hepple: Factors Influencing the Making and Transformation of Labour Law in Europe
3: Manfred Weiss: Re-Inventing Labour Law?
4: Ruth Dukes: Hugo Sinzheimer and the Constitutional Function of Labour Law
5: Adrián Goldin: Global Conceptualizations and Local Constructions on the Idea of Labour Law
6: Alan Hyde: The Idea of the Idea of Labour Law: A Parable
Normative Foundations of the Idea of Labour Law
7: Brian Langille: Labour Law's Theory of Justice
8: Judy Fudge: Labour as a 'Fictive Commodity': Radically Reconceptualizing Labour Law
9: Hugh Collins: Theories of Rights as Justifications for Labour Law
10: Simon Deakin: The Contribution of Labour Law to Economic and Human Development
Normative Foundations and Legal Ideas: Rethinking Existing Structures
11: Guy Davidov: Re-Matching Labour Laws with Their Purpose
12: Mark Freedland and Nicola Kountouris: The Legal Characterization of Personal Work Relations and the Idea of Labour Law
13: Paul Benjamin: Ideas of Labour Law - Views From the South
14: Kamala Sankaran: Informal Employment and the Challenges for Labour Law
15: Noah Zatz: The Impossibility of Work Law
16: Catherine Barnard: Procurement Law to Enforce Labour Standards
17: Katherine V.W. Stone and Scott L. Cummings: Labor Activism in Local Politics: From CBAs to 'CBAs' and Beyond
New Labour Law Ideas: Rethinking Existing Boundaries
18: John Howe: The Broad Idea of Labour Law: Industrial Policy, Labour Market Regulation, and Decent Work
19: Guy Mundlak: The Third Function of Labor Law: Distributing Labor Market Opportunities Among Workers
20: Gillian Lester: Beyond Collective Bargaining: Modern Unions as Agents of Social Solidarity
21: Julia López, Consuelo Chacartegui, and César G Cantón: From Conflict to Regulation: The Transformative Function of Labour Law
New Ideas of Labour Law from an International Perspective
22: Leah Vosko: Out of the Shadows? The Non-Binding Multilateral Framework on Migration (2006) and Prospects for Using International Labour Regulation to Forge Global Labour Market Membership
23: Michael Piore: Flexible Bureaucracies in Labor Market Regulation
24: Silvana Sciarra: Collective Exit Strategies: New Ideas in Transnational Labour Law
25: Adelle Blackett: Emancipation in the Idea of Labour Law: Commoditization, Resistance and Distributive Justice beyond borders
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