Jump to ContentJump to Main Navigation
Philosophical Foundations of Labour Law$
Users without a subscription are not able to see the full content.

Hugh Collins, Gillian Lester, and Virginia Mantouvalou

Print publication date: 2018

Print ISBN-13: 9780198825272

Published to Oxford Scholarship Online: February 2019

DOI: 10.1093/oso/9780198825272.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 03 December 2021

The Right to Strike and Contestatory Citizenship

The Right to Strike and Contestatory Citizenship

Chapter:
(p.229) 13 The Right to Strike and Contestatory Citizenship
Source:
Philosophical Foundations of Labour Law
Author(s):

Alan Bogg

Cynthia Estlund

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198825272.003.0013

Is the right to strike a fundamental right? If so, what are its philosophical foundations? This chapter argues that the right to strike is a fundamental right resting upon three basic liberties: freedom from forced labour, freedom of association, and freedom of expression. In so doing, it challenges and rejects two dominant strategies in arguing for a fundamental right to strike: (a) that the right is derivative of a single basic liberty; (b) that the right is derivative of a right to collective bargaining. The contours of these basic liberties are developed using the republican ideal of non-domination and contestatory citizenship. Having defended a republican account of the philosophical foundations of the right to strike, the chapter then uses that framework to explore how the basic regulatory questions of a ‘right to strike’ have been addressed in Canada, the UK, and the US.

Keywords:   right to strike, non-domination, basic liberties, freedom from forced labour, freedom of association, freedom of expression, trade unions, collective bargaining

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .