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This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of a variety of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how it might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and integrative conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.
It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.
This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how such inclusivity might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and inclusive conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.
Strategic Negotiations examines the current changes in labor-management relations. The authors identify & explain three key negotiating strategies: forcing change, fostering cooperative attitudes & solutions, & escaping the relationship. They illustrate how these strategies succeed or fail in real organizations by drawing on in-depth examples from 13 companies in 3 industries: pulp & paper, railroads, & auto supply. The resulting theory has broad implications for strategic negotiations in many settings.
This Handbook provides an accessible overview of the different methods, approaches and theories which can be used to enrich labour law research. Drawing on cutting-edge research projects, leading scholars present insights and reflections on the past, present and future of labour law scholarship.
With welfare to work programmes under intense scrutiny, this book reviews a wide range of existing and future policies across Europe. Seventeen contributors provide case studies and legal, sociological and philosophical perspectives from around the continent, building a rich picture of welfare to work policies and their impact. They show how many schemes do not adequately address social rights and lived experiences, and consider alternatives based on theories of non-domination. For anyone interested in the justice of welfare to work, this book is an important step along the path towards more fair and adequate legislation.
"This collection offers critical, nuanced and interdisciplinary insights to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The chapters all speak to this theme of inclusivity in different ways, and offer different suggestions for how such inclusivity might be achieved. They bring together perspectives from industrial relations, political economy, sociology, gender studies and regulatory theory to break down the silos between legal research and other disciplines, and promote fruitful and inclusive conversations across disciplines. Finally, in the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from scholars who are already well established, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work"--
This book provides a critical assessment of contemporary social theory for students in the social sciences. Delanty examines the writings of a number of key contemporary thinkers, including Habermas, Foucault, Bauman, Touraine, Giddens and Beck, and provides a clear account of the strengths and limitations of their work.
The end of the post-World War II ‘long boom’ in the mid-1970s proved the beginning of a process of political-economic change that has fundamentally transformed labour law, both in Australia and across the developed world more generally. This is a phenomenon with deep ramifications for social justice. The dissolution of productive industry, the fragmentation of employment categories, the rise of profound employment precarity and an increasingly hostile legal environment for trade unionism have been of immense significance for key social justice issues, including income inequality, the rise of a new working-underclass, and the marginalization of organised labour. By combining the concepts of the Parisian Regulation Approach with an explicitly Marxist jurisprudence, this study offers a theoretically rigorous yet empirically sensitive account of legal transition, with key case studies in the metal, food processing and retail sectors. Given the similar development logic of post-World War II capitalism in Western societies, this theory, although operationalised in the Australian context, can be used in the effort to explain labour law change more broadly.
A core text for the Law and Society or Sociology of Law course offered in Sociology, Criminal Justice, Political Science, and Schools of Law. * John Sutton offers an explicitly analytical perspective to the subject - how does law change? What makes law more or less effective in solving social problems? What do lawyers do? * Chapter 1 contrasts normative and sociological perspectives on law, and presents a brief primer on the logic of research and inference as it is applied to law related issues. * Theories of legal change are discussed within a common conceptual framework that highlights the explantory strengths and weaknesses of different arguments. * Discussions of "law in action" are explicitly comparative, applying a consistent model to explain the variable outcomes of civil rights legislation. * Many concrete, in-depth examples throughout the chapters.