- 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
From Conflict to Regulation: The Transformative Function of Labour Law
From Conflict to Regulation: The Transformative Function of Labour Law
- Chapter:
- (p.344) 21 From Conflict to Regulation: The Transformative Function of Labour Law
- Source:
- The Idea of Labour Law
- Author(s):
Julia López
Consuelo Chacartegui
César G Cantón
- Publisher:
- Oxford University Press
This chapter examines Labour Law from the standpoint of conflict and the right to strike, drawing inspiration from Georg Simmel who argued for the social significance of divergence and conflict. The chapter argues that in spite of a widespread recognition of the existence of conflict, it is uncommon to study Labour Law debates from the perspective of conflict and its forms. Conflict, including strikes, can be seen as part of the strategy that workers and employees use to improve labour and social conditions within democratic societies. The right to strike has a crucial place in the future of labour law, transforming societies, reducing injustice and pursuing equality. Labour law scholars should be aware of the salience of conflict, its potential for producing positive consequences, and the ways it is regulated as important points of reference in debates on the transformation of labour law.
Keywords: strikes, protest, conflict, repression, suicides
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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
