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The neoliberal transformation of welfare state institutions has intensified social inequalities, raising questions of social justice across European varieties of capitalism. In Germany, this transformation occurred with Third Way social democracy and the consequent Hartz reforms. After ten years of reducing unemployment, this ‘Hartz Regime’ is now cited as a model for reforming other European political economies. Despite this apparent success, it has also received criticism for exacerbating the social injustices of neoliberal capitalism, ultimately leading to the question: how do we know if the German Hartz Regime is socially just? Drawing on the Frankfurt School of critical theory, this study demonstrates not only how to develop a theory of social justice for empirically studying labour market institutions, but also illustrates it through an extensive study of the German case. The result is both unsurprising and reinforces classical social democratic concerns: not only the Hartz Regime, but capitalism itself, is inherently unjust. By accepting this previously recognised conclusion, the book provides a critical framework for the normative evaluation of empirical institutions, effective for studying the varieties of social (in)justice in contemporary capitalism beyond Germany.
Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.
How the European Union handles posted workers is a growing issue for a region with borders that really are just lines on a map. A 2008 story, dissected in Ines Wagner’s Workers without Borders, about the troubling working conditions of migrant meat and construction workers, exposed a distressing dichotomy: how could a country with such strong employers’ associations and trade unions allow for the establishment and maintenance of such a precarious labor market segment? Wagner introduces an overlooked piece of the puzzle: re-regulatory politics at the workplace level. She interrogates the position of the posted worker in contemporary European labour markets and the implications of and regulations for this position in industrial relations, social policy and justice in Europe. Workers without Borders concentrates on how local actors implement European rules and opportunities to analyze the balance of power induced by the EU around policy issues. Wagner examines the particularities of posted worker dynamics at the workplace level, in German meatpacking facilities and on construction sites, to reveal the problems and promises of European Union governance as regulating social justice. Using a bottom-up approach through in-depth interviews with posted migrant workers and administrators involved in the posting process, Workers without Borders shows that strong labor-market regulation via independent collective bargaining institutions at the workplace level is crucial to effective labor rights in marginal workplaces. Wagner identifies structures of access and denial to labor rights for temporary intra-EU migrant workers and the problems contained within this system for the EU more broadly.
This book takes stock of major and recent developments in welfare policy in the UK and Germany. Concentrating on trends since the 1990s it compares the similarities and differences between the two countries and analyses the degree to which social attitudes towards welfare provision, fairness, and social justice have changed. It focuses on the policy areas that have been particularly affected in recent years and examines change and possible convergence across three public policy domains: family policy, pensions and policies aimed at social and labour market integration. The book covers both public provision as well as the role of company-based social protection. Based on new empirical survey research as well as focus group interviews, the contributions analyse the ways in which social policies have adapted to common and country-specific challenges, and provide an understanding of the changing welfare landscapes in the UK and Germany.
A debate between two philosophers who hold different views on the relation of redistribution to recognition.
Migration movements have been a constant in the societies of the past, as well as in postmodern society. However, in the past ten years, the increase in political, economic, and religious conflict amongst nations; the increase of the poverty index; and many and various natural disasters have duplicated the forced displacement of millions of people across the seven continents of the planet. This situation brings important challenges in terms of the vulnerability, inequity, and discrimination that certain peoples suffer. Professionals from the fields of the social sciences, education, psychology, and international law share the fact that education represents an opportunity for children and young migrants to become members with full rights in the societies they arrive in. Empirical studies show that that the implementation of the right to education for migrants presents some challenges and dilemmas to the governments of host countries and more specifically to the education centers, NGOs, universities, and the professionals working in them, hence the need for more research on these issues of immigration, refugees, social justice, and intercultural education. The Handbook of Research on Promoting Social Justice for Immigrants and Refugees Through Active Citizenship and Intercultural Education provides visibility to issues such as the increase in migration and displacement and the difficulties in political agreements, educational contexts, and in cultural issues, stigmatization, vulnerability, social exclusion, racism, and hatred amongst host communities. This book gives possible solutions to this current complex situation and helps foster and promote sensitivity, perspective, and critical thinking for a respectful and tolerant coexistence and promotion of equity and social justice. The chapters promote cultural diversity and inclusion in classrooms by offering knowledge, strategies, and research on organizational development for educational institutions and multicultural environments. This book is essential for administrators, policymakers, leaders, teachers, practitioners, researchers, academicians, and students interested in the promotion of social justice in education for immigrants and refugees.
The financial and economic crisis in Europe is not over, and the radically opposing strategies on how to proceed has only increased the complexity of problems in the region, revealing the shortcomings of the EU’s architecture. The European Union, perhaps for the first time in its history of more than seventy years, is being perceived as a threat to the financial and monetary stability of the world. A Global Perspective on the European Economic Crisis explores the connection between internal EU actions and institutions and the external factors that influence the ongoing response to the European crisis. With a unique collection of international and interdisciplinary essays, this book considers the complex macroeconomic and challenging political landscape of Europe, looking at how and why the European Union is untenable in its current state. The chapters outline what should be done to make the common currency area more resilient, and explain why external events are particularly problematic for the EU, ultimately offering suggestions for what Europeans should do in order to avoid harmful internal consequences. This volume confronts the causes of the crisis’ persistence, its economic and political consequences, and the impact of more recent events and policy decisions. It will be of interest to researchers and policy-makers keen to understand the EU relations and the influence of international organizations in the European economic crisis.
This topical study reflects on problems faced by social democratic parties in government when espousing policies of severe pragmatism and fiscal prudence, and provides a perspective to both parties' changes in labour market policies.
Labour market institutions, including collective bargaining, the regulation of employment contracts and social protection policies, are instrumental for improving the well-being of workers, their families and society. In many countries, these instituti
'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.