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Labour Law in an Era of Globalization : Transformative Practices and Possibilities - Joanne Conaghan

Labour Law in an Era of Globalization

Transformative Practices and Possibilities

By: Joanne Conaghan (Editor), Richard Michael Fischl (Editor), Karl Klare (Editor)

Paperback

Published: 1st February 2004
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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, analyse, 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 lawyer's bookshelf.' Stephen T. Hardy, Modern Law Review `The strength of [this] collection is that it contains critical, interdisciplinary and international perspectives on a wide variety of topics...there is much in this book to stimulate teachers, researchers and students of a subject in transition.' Bob Hepple, The Cambridge Law Journal, 2002 `... well worth reading...provides interesting insights...which will no doubt engage readers...for some time to come.' Jill Murray, Australian Journal of Labour Law, 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 S. McUsic: Difference and Solidarity: Unions in a Postmodern 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, and Guy Mundlak: Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment Index

ISBN: 9780199271818
ISBN-10: 019927181X
Series: New Edition (2nd & Subsequent)
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 578
Published: 1st February 2004
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 23.2 x 15.6  x 3.1
Weight (kg): 0.88