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The Idea of Labour Law$
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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

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The Third Function of Labour Law: Distributing Labour Market Opportunities among Workers

The Third Function of Labour Law: Distributing Labour Market Opportunities among Workers

Chapter:
(p.315) 19 The Third Function of Labour Law: Distributing Labour Market Opportunities among Workers
Source:
The Idea of Labour Law
Author(s):

Guy Mundlak

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199693610.003.0020

In addition to the conventional emphasis on labour law's function in distributing power between labour and capital, labour law is argued to influence the distribution of rents, power, rights, resources and economic risks between workers as well. Recognizing that labour law has multiple distributive implications downgrades the centrality of the labour-capital cleavage in accounting for the social and economic organization of society and in intra-firm interactions. It throws light on another dimension that can explain preferences and norms and be used to draw attention to possible normative tradeoffs. This observation resonates with a critical analysis of labour law’s outcomes, but does not merit criticism of labour market institutions and regulatory intervention, as the distributive implications are innate to the functioning of the labour market. The chapter demonstrates the intra-labour distributive implications in collective bargaining, employment discrimination, and regulatory interventions in the labour market.

Keywords:   labour law, collective bargaining, insiders-outsiders, labour market regulation, employment discrimination, distributive impact, functional analysis

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