Throughout 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, to contest the gender division of labour and re-think the boundaries between immigration and labour policy.
But they also hold out quite threatening prospects - including increased unemployment and inequality and the decline of workers' organizations and social participation - in the context of proliferating constraints imposed by international financial pressures on enacting redistributive social and economic policies. New strategies must be developed to meet these challenges. These essays - which are the product of a transnational comparative dialogue among academics and practitioners in labour 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.
"[a] valuable book which is worthy of a place on any labour lawyers bookshelf" Modern Law Review, September 2003.
Part I. Labour Law in Transition
1: Karl Klare: The Horizons of Transformative Labour and Employment Law
2: Massimo D'Antona: Labour Law at the Century's End: An Identity Crisis?
Part II. Contested Categories: Work, Worker, and Employment
3: Joanne Conaghan: Women, Work, and Family: A British Revolution?
4: Paul Benjamin: Who Needs Labour Law? Defining the Scope of Labour Protection
5: Lucy Williams: Beyond Labour Law's Parochialism: A Re-envisioning of the Discourse of Distribution
Part III. Globalization and Its Discontents
6: Kerry Rittich: Feminization and Contingency: Regulating the Stakes of Work for Women
7: Brian A. Langille: Seeking Post-Seattle Clarity - and Inspiration
8: Dennis M. Davis: Death of a Labour Lawyer?
Part IV. Same as the Old Boss? The Firm, the Employment Contract, and the 'New' Economy
9: Simon Deakin: The Many Futures of the Contract of Employment
10: Paddy Ireland: From Amelioration to Transformation: Capitalism, the Market, and Corporate Reform
11: Makoto Ishida: Death and Suicide from Overwork: The Japanese Workplace and Labour Law
12: Alan Hyde: A Closer Look at the Emerging Employment Law of Silicon Valley's High-Velocity Labour Market
13: Richard Michael Fischl: '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: Guy Mundlak: The Limits of Labour Law in a Fungible Community
15: Bruno Caruso: Immigration Policies in Southern Europe: More State, Less Market?
16: Margriet Kraamwinkel: The Imagined European Community: Are Housewives European Citizens?
17: Linda Bosniak: Critical Reflections on 'Citizenship' as a Progressive Aspiration
Part VI. Labour Solidarity in an Era of Globalization: Opportunities and Challenges
18: Frances Raday: The Decline of Union Power - Structural Inevitability or Policy Choice?
19: James Atleson: The Voyage of the Neptune Jade: Transnational Labour Solidarity and the Obstacles of Domestic Law
20: Carlos de Buen Unna: Mexican Trade Unionism in a Time of Transition
21: Maria L. Ontiveros: A New Course for Labour Unions: Identity-based Organizing as a Response to Globalization
22: Michael Selmi and Molly McUsic: Difference and Solidarity: Unions in a Post-Modern Age
Part VII. Laying Down the Law: Strategies and Frontiers
23: Hugh Collins: Is There a Third Way in Labour Law?
24: Harry Arthurs: Private Ordering and Workers' Rights in the Global Economy: Corporate Codes of Conduct as a Regime of Labour Market Regulation
25: Claire Kilpatrick: Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work
26: Dennis Davis, Patrick Macklem, Guy Mundlak: Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment
Number Of Pages: 578
Published: 1st April 2002
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.3 x 16.4
Weight (kg): 0.52