Jump to ContentJump to Main Navigation
The Idea of Labour Law$
Users without a subscription are not able to see the full content.

Guy Davidov and Brian Langille

Print publication date: 2011

Print ISBN-13: 9780199693610

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199693610.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 24 January 2021

Theories of Rights as Justifications for Labour Law

Theories of Rights as Justifications for Labour Law

(p.137) 9 Theories of Rights as Justifications for Labour Law
The Idea of Labour Law

Hugh Collins

Oxford University Press

The chapter assesses whether two kinds of theories of fundamental rights, namely the natural law tradition underlying the international protection of human rights and the liberal political tradition that awards rights priority in theories of justice, provide an adequate grounding for a system of labour law. Having criticised the former view on the ground that international labour rights lack the qualities of universalism and a strong moral imperative, the chapter argues that liberal theories of rights, as in the work of John Rawls, have the potential, to provide a grounding for some but not all important dimensions of labour law. Finally, it is suggested that within the liberal tradition, the project of basing rights on respect for dignity as well as liberty, has a better potential for providing a justification for the kinds of solidarity rights that are needed to underpin collective labour law.

Keywords:   rights, labour law, theory of justice, international labour rights, dignity, Rawls, Waldron, social rights

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .