- 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 Idea of the Idea of Labour Law: A Parable
The Idea of the Idea of Labour Law: A Parable
- Chapter:
- (p.88) 6 The Idea of the Idea of Labour Law: A Parable
- Source:
- The Idea of Labour Law
- Author(s):
Alan Hyde
- Publisher:
- Oxford University Press
Academic conceptions of labour law become increasingly bizarre and elaborate as the practical importance, even existence, of labour law shrinks in advanced economies. These economies have entered a period with reduced rates of union representation, new unions, and use of public processes of dispute resolution. The United States actually had no lawful National Labour Relations Board for twenty-six months, though ill effects are hard to discern. Academics respond to these developments with increasingly theoretical accounts of the functions of labour law, largely by borrowing models from economics or other social science or philosophy. These models are ideological, that is, false pictures justifying a social practice. They exist independently of labour law as a behavioural phenomenon.
Keywords: labour law, National Labour Relations Board, ideology, dispute resolution
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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
