Description - The Labour Constitution by Ruth Dukes
Exploring different approaches to the study of labour law, this book
examines different ways of conceiving of the subject and of describing,
analysing, and criticizing current legislation and policy in the field.
In particular, it assesses the validity of the suggestion that 'old
ways' of thinking about the subject have become outdated. Detailed
consideration is given to two such old ways: the idea of the labour
constitution, developed by Hugo Sinzheimer in the early years of the
Weimar Republic, and the principle of collective laissez-faire,
elaborated by
Otto Kahn-Freund in the 1950s. It asks whether, and how, these ideas
could be abstracted from the political, economic, and social contexts
within which they were developed so that they might still usefully be
applied to the study of labour law. The central argument of this
book is that the labour constitution can be developed so as to provide
an 'enduring idea of labour law', and this is constructed against a
critique of modern arguments which favour reorienting labour law to
align more closely with the functioning of labour markets. As compared
with the posited 'law of the labour market', the labour constitution
highlights the inherently political nature of labour laws and
institutions, as well as their economic functions. It provides a
framework for analysing labour laws,
labour markets, and labour market institutions, which does not limit the
capacity of scholarship in the field to retain its critical edge. It
focuses our attentions on important questions, and important fields of
enquiry: on questions, not least, of the consequences for workers of the
narrowing and disappearance of spaces for democratic deliberation and
democratic decision-making as markets continue to expand.Readership: Academics, researchers, and practitioners interested in employment law and the development of labour law.
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Democracy at Work: Contract, Status and Post-Industrial Justice
