Titel: Labour Law in an Era of Globalization: Transformative Practices and Possibilities
Herausgegeben von Joanne Conaghan, Richard Michael Fischl, Karl Klare
OXFORD UNIV PR
März 2002 - gebunden - 584 Seiten
Throughout the industrial world, the discipline of labor 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 labor 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. These essays - which are the product of a transnational comparative dialog among academics and practitioners in labor law and related legal fields, including social security, immigration, trade, and development - identify, analyze, and respond to some of the conceptual and policy challenges posed by globalization.
Part I: Labour law in transition; introduction - the horizons of transformative labour law, Karl Klare; labour law at the century's end - an identity crisis?, Massimo D'Antona. Part II: Contested categories - work, worker, and employment: women, work, and family - a British revolution?, Joanne Conaghan; who needs labour law? defining the scope of labour protection, Paul Benjamin; paid employment and discourses of social protection, Lucy Williams. Part III Globalization and its discontents: feminization and contingency - regulating the stakes of work for women, Kerry Rittich; seeking post-Seattle clarity - and inspiration, Brian A. Langille; death of a labour lawyer?, Dennis M. Davis. Part IV Same as the old boss? the firm, the employment contract, and the "new" economy; the many futures of the contract of employment; from amelioration to transformation - capitalism, the market and corporate reform, Paddy Ireland; death and suicide from overwork - the Japanese workplace and labour law, Makoto Ishida; a closer look at the emerging employment law of Silicon Valley's high-velocity labour market; employment equality, job security, and high-velocity labour markets, Richard Michael Fischl. Part V Border/States: immigration, citizenship, and community; the limits of labour law in a fungible community, Guy Mundlak; immigration policies in southern Europe - more state, less market? Bruno Caruso; the imagined European community - are housewives European citizens?, Margriet Kraamwinkel; critical reflections on "citizenship" as a progressive aspiration, Linda Bosniak. Part VI Labour solidarity in an era of globalization: opportunities and challenges; the decline of union power - structural inevitability or policy choice?, Frances Raday; the voyage of the Neptune Jade - transnational labour solidarity and the obstacles of domestic law, James Atleson the transformation of the Mexican labour movement, Carlos de Buen Unna; a new course for labour unions - identity-based organizing as a response to globalization, Maria L. Ontivero s; difference and solidarity - unions in a post-modern age, Michael Selmi and Molly McUsic. Part VII Laying down the law - strategies and frontiers; is there a third way in labour law?, Hugh Collins; private ordering and workers' rights in the Global economy: corporate codes of conduct as a regime of labour market regulation, H. W. Arthurs; emancipation through law or the emasculation of law? the nation-state, the EU, and gender equality at work, Claire Kilpatrick; social rights, social citizenship, and transformative constitutionalism - a comparative assessment, Dennis Davis, Patrick Macklem, Guy Mundlak.
The book has emerged from a series of international conferences held in recent years under the auspices of INTELL - International Network on Transformative Employment and Labour Law. The editors are co-secretaries of INTELL, teach and research in labour law, and have published widely within and beyond that field.
Labour Law in an Era of Globalization presents an incredibly diverse range of arguments regarding the future of the law of work. All these are grounded in the practices of many jurisdictions around the world and the contributors individually imagine a wide range of possibilities for the future development of the law. It is a collection which should be read by everyone who has an interest in the promotion of justice in work relations and the strength of its content has the capacity not only to contribute to but to be highly influential in those political contests through which the law and the world of work is created. Adelaide Law Review ... provocative, challenging and always stimulating. As it gathers together some of the very best labour lawyers in the world, the quality of the scholarship and writing is, unsurprisingly, of the highest standard across all contributions. Adelaide Law Review ... insights into the impacts of globalisation on law and work in contexts as diverse as Great Britain, Japan, Mexico, South Africa, Jordan, Israel and Silicon Valley in the USA. Adelaide Law Review [a] valuable book which is worthy of a place on any labour lawyers bookshelf. Modern Law Review