Philosophical Foundations of Labour Law

by Hugh Collins, Gillian Lester, Virginia Mantouvalou

Overview

This collection of essays presents an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law and employment law. The book addresses the doubts that have been expressed about whether a body of labour law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy.

Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion.

Product Details

ISBN-13:	9780198825272
Publisher:	Oxford University Press
Publication date:	02/12/2019
Series:	Philosophical Foundations of Law
Pages:	362
Product dimensions:	9.80(w) x 6.90(h) x 1.10(d)

About the Author

Hugh Collins FBA is the Vinerian Professor of English Law at All Souls College, Oxford. Previously he was Professor of English Law at the London School of Economics and a Fellow of Brasenose College, Oxford.

Gillian Lester is the Dean and the Lucy G. Moses Professor of Law at Columbia Law School. Previously she held faculty appointments at the University of California Berkeley School Of Law (2006-2014) and at UCLA School of Law (1994-2005).

Virginia Mantouvalou is Reader in Human Rights and Labour Law and Co-Director of the UCL Institute for Human Rights. She is also Director of Graduate Research Studies at UCL.

Table of Contents

1: Introduction: Does Labour Law Need Philosophical Foundations?, Hugh Collins, Gillian Lester, and Virginia Mantouvalou
Part I: Freedom, Dignity, and Human Rights
2: The Contractualisation of Labour Law, John Gardner
3: Is the Contract of Employment Illiberal?, Hugh Collins
4: Dignity at Work, Pablo Gilabert
5: Civic Republican Political Theory and Labour Law, David Cabrelli and Rebecca Zahn
6: Human Freedom: A Way out of Labour Law's Fly Bottle, Brian Langille
7: Human Rights as Foundations for Labour Law, Joe Atkinson
Part II: Distributive Justice and Exploitation
8: Distributive Justice and Labour Law, Guy Davidov
9: Discrimination and Labour Law: Locating the Market in Maldistribution and Subordination, Noah D. Zatz
10: Structures of Exploitation, Jonathan Wolff
11: Legal Construction of Structures of Exploitation, Virginia Mantouvalou
12: A Risk Theory of Exploitation, Horacio Spector
Part III: Workplace Democracy and Self-Determination
13: The Right to Strike and Contestatory Citizenship, Alan Bogg and Cynthia Estlund
14: Trade Unions and Political Equality, Martin O'Neill and Stuart White
Part IV: Social Inclusion
15: Gender and the Labour of Law, Joanne Conaghan
16: Social Inclusion for Labour Law: Meeting Particular Scales of Justice, Einat Albin
17: Volunteer Work, Inclusivity, and Social Equality, Sabine Tsuruda
18: Reinforcing the Philosophical Foundations of Social Inclusion: The Isolated Worker in the Isolated State, Mark Freedland