ISBN : 9780198825272
This collection of essays presents an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law and employment law. The book addresses the doubts that have been expressed about whether a body of labour law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion.
1 Hugh Collins, Gillian Lester, and Virginia Mantouvalou: Introduction: Does Labour Law Need Philosophical Foundations?
Part I: Freedom, Dignity, and Human Rights
2 John Gardner: The Contractualisation of Labour Law
3 Hugh Collins: Is the Contract of Employment Illiberal?
4 Pablo Gilabert: Dignity at Work
5 David Cabrelli and Rebecca Zahn: Civic Republican Political Theory and Labour Law
6 Brian Langille: Human Freedom: A Way out of Labour Law's Fly Bottle
7 Joe Atkinson: Human Rights as Foundations for Labour Law
Part II: Distributive Justice and Exploitation
8 Guy Davidov: Distributive Justice and Labour Law
9 Noah D. Zatz: Discrimination and Labour Law: Locating the Market in Maldistribution and Subordination
10 Jonathan Wolff: Structures of Exploitation
11 Virginia Mantouvalou: Legal Construction of Structures of Exploitation
12 Horacio Spector: A Risk Theory of Exploitation
Part III: Workplace Democracy and Self-Determination
13 Alan Bogg and Cynthia Estlund: The Right to Strike and Contestatory Citizenship
14 Martin O'Neill and Stuart White: Trade Unions and Political Equality
Part IV: Social Inclusion
15 Joanne Conaghan: Gender and the Labour of Law
16 Einat Albin: Social Inclusion for Labour Law: Meeting Particular Scales of Justice
17 Sabine Tsuruda: Volunteer Work, Inclusivity, and Social Equality
18 Mark Freedland: Reinforcing the Philosophical Foundations of Social Inclusion: The Isolated Worker in the Isolated State