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.
Edited by:
Joanne Conaghan ( Professor of Law University of Kent at Canterbury),
Richard Michael Fischl (,
Professor of Law,
University of Miami),
Karl Klare (,
Professor of Law,
Northeastern University)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Dimensions:
Height: 232mm,
Width: 156mm,
Spine: 31mm
Weight: 884g
ISBN: 9780199271818
ISBN 10: 019927181X
Pages: 578
Publication Date: 01 February 2004
Audience:
College/higher education
,
Professional and scholarly
,
A / AS level
,
Undergraduate
Format: Paperback
Publisher's Status: Active
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
Joanne Conaghan is Professor of Law at the University of Kent at Canterbury. Richard Michael Fischl is Professor of Law at the University of Miami. Karl Klare is Professor of Law at Northeastern University. They are co-secretaries of INTELL-International Network on Transformative Employment and Labour Law-from whose recent conferences these essays have emerged.
Reviews for Labour Law in an Era of Globalization: Transformative Practices and Possibilities
[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
