- 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
Labour Law's Theory of Justice
Labour Law's Theory of Justice
- Chapter:
- (p.101) 7 Labour Law's Theory of Justice
- Source:
- The Idea of Labour Law
- Author(s):
Brian Langille
- Publisher:
- Oxford University Press
Labour law does and must have a theory of justice. Without such a theory labour law has no account of the scope of its application or the point of its normative content. Scope and content are answerable to labour law's idea of justice and a change in our thinking about either entails a necessary rethinking of the other. Because labour law's world is changing labour law will have a new theory of justice. This chapter outlines briefly what such a theory might look like. It also discusses two line of resistance to this way of thinking.
Keywords: labour law, theory of labour law, labour law and justice, Sen
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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
