- Title Pages
- List of Abbreviations
- Introduction: Understanding Labour Law: A Timeless Idea, a Timed-Out Idea, or an Idea Whose Time has Now Come?
- 1 Labour Law After Labour
- 2 Factors Influencing the Making and Transformation of Labour Law in Europe
- 3 Re-Inventing Labour Law?
- 4 Hugo Sinzheimer and the Constitutional Function of Labour Law
- 5 Global Conceptualizations and Local Constructions of the Idea of Labour Law
- 6 The Idea of the Idea of Labour Law: A Parable
- 7 Labour Law's Theory of Justice
- 8 Labour as a ‘Fictive Commodity’: Radically Reconceptualizing Labour Law
- 9 Theories of Rights as Justifications for Labour Law
- 10 The Contribution of Labour Law to Economic and Human Development
- 11 Re-Matching Labour Laws with Their Purpose
- 12 The Legal Characterization of Personal Work Relations and the Idea of Labour Law
- 13 Ideas of Labour Law – A View from the South
- 14 Informal Employment and the Challenges for Labour Law
- 15 The Impossibility of Work Law
- 16 Using Procurement Law to Enforce Labour Standards
- 17 Labor Activism in Local Politics: From CBAs to ‘CBAs’
- 18 The Broad Idea of Labour Law: Industrial Policy, Labour Market Regulation, and Decent Work
- 19 The Third Function of Labour Law: Distributing Labour Market Opportunities among Workers
- 20 Beyond Collective Bargaining: Modern Unions as Agents of Social Solidarity
- 21 From Conflict to Regulation: The Transformative Function of Labour Law
- 22 Out of the Shadows? The Non-Binding Multilateral Framework on Migration (2006) and Prospects for Using International Labour Regulation to Forge Global Labour Market Membership
- 23 Flexible Bureaucracies in Labor Market Regulation
- 24 Collective Exit Strategies: New Ideas in Transnational Labour Law
- 25 Emancipation in the Idea of Labour Law
- Index
The Impossibility of Work Law
The Impossibility of Work Law
- Chapter:
- (p.234) 15 The Impossibility of Work Law
- Source:
- The Idea of Labour Law
- Author(s):
Noah Zatz
- Publisher:
- Oxford University Press
Labour law faces an impossible dilemma. Attempts to expand beyond employment but still remain within ‘the labour market’ are doomed to failure. Examples from families and prisons illustrate how productive work can be organized through diverse social institutions and often migrates among them. Nonmarket work cannot be walled off from labour law without undermining its normative coherence and practical efficacy. Neither can labour law apply uniformly to all forms of work. Work is never just work but always woven into specific, varied relationships. Labour law necessarily regulates those relationships and so must respond to this contextual variation. Purchase on this dilemma might be gained by studying how law ‘channels’ work into specific institutional forms, something done not only by traditional labour regulation but also by antidisplacement rules and y labour-process limitations on product competition. At stake throughout is whether work provides access to social citizenship, or vice versa.
Keywords: nonmarket work, employment, family labour, prison labour, displacement, channeling, citizenship
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- Title Pages
- List of Abbreviations
- Introduction: Understanding Labour Law: A Timeless Idea, a Timed-Out Idea, or an Idea Whose Time has Now Come?
- 1 Labour Law After Labour
- 2 Factors Influencing the Making and Transformation of Labour Law in Europe
- 3 Re-Inventing Labour Law?
- 4 Hugo Sinzheimer and the Constitutional Function of Labour Law
- 5 Global Conceptualizations and Local Constructions of the Idea of Labour Law
- 6 The Idea of the Idea of Labour Law: A Parable
- 7 Labour Law's Theory of Justice
- 8 Labour as a ‘Fictive Commodity’: Radically Reconceptualizing Labour Law
- 9 Theories of Rights as Justifications for Labour Law
- 10 The Contribution of Labour Law to Economic and Human Development
- 11 Re-Matching Labour Laws with Their Purpose
- 12 The Legal Characterization of Personal Work Relations and the Idea of Labour Law
- 13 Ideas of Labour Law – A View from the South
- 14 Informal Employment and the Challenges for Labour Law
- 15 The Impossibility of Work Law
- 16 Using Procurement Law to Enforce Labour Standards
- 17 Labor Activism in Local Politics: From CBAs to ‘CBAs’
- 18 The Broad Idea of Labour Law: Industrial Policy, Labour Market Regulation, and Decent Work
- 19 The Third Function of Labour Law: Distributing Labour Market Opportunities among Workers
- 20 Beyond Collective Bargaining: Modern Unions as Agents of Social Solidarity
- 21 From Conflict to Regulation: The Transformative Function of Labour Law
- 22 Out of the Shadows? The Non-Binding Multilateral Framework on Migration (2006) and Prospects for Using International Labour Regulation to Forge Global Labour Market Membership
- 23 Flexible Bureaucracies in Labor Market Regulation
- 24 Collective Exit Strategies: New Ideas in Transnational Labour Law
- 25 Emancipation in the Idea of Labour Law
- Index
