Labour law is in crisis. Global economic factors and the changing contours of work and workplace relations have led to a reorientation of the social, economic, political and cultural environment within which labour law has developed. This is not a jurisdictional problem but rather is deeply entrenched in transnational development. Solutions must recognise and mobilise the transformational shift that has taken place over recent decades. Law should be viewed as a force for and a facilitator of change, capable of expressing and determining social relations. The essays in this book explore the challenges posed by labour law's potential reinvention as a discipline fit for accommodating and investigating such change within a range of different but connected jurisdictional and regulatory concepts and paradigms.
| Notes on Contributors |
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ix | |
| Acknowledgements |
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xii | |
| Introduction |
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1 | (6) |
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Part I The Regulation of Work: Imagining the Future |
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7 | (52) |
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1 A new vocabulary and imaginary for labour law: Taking legal constitution, gender, and social reproduction seriously |
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9 | (18) |
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2 Labour law: Issues of inclusion and differentiation |
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27 | (18) |
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45 | (14) |
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Part II Beyond the Employment Contract? |
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59 | (46) |
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4 Regulating the engagement of non-employed labour: A view from the Antipodes |
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61 | (21) |
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5 The changing nature of work and the regulation of health and safety |
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82 | (23) |
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Part III Shifting Paradigms |
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105 | (60) |
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6 Labour market regulation in Asia: The growing dominance of market-based mechanisms? |
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107 | (18) |
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7 Collective labour rights in EU and international law: Consolidation, reconciliation and beyond? |
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125 | (20) |
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8 Reforms of collective labour law in time of crisis: Towards a new landscape for industrial relations in the European Union? |
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145 | (20) |
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Part IV Alternative Structures: Fundamental Social Rights, Decent Work and Human Rights |
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165 | (53) |
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9 What is decent about `decent work'? An argument for a right to decent work in South Africa |
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167 | (26) |
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10 Labour in the economic social cultural rights regime of the Inter-American system on human rights |
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193 | (25) |
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| Conclusions |
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218 | (6) |
| Bibliography |
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224 | (20) |
| Index |
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244 | |
Douglas Brodie is Dean of Humanities and Social Sciences at the University of Strathclyde, UK
Nicole Busby is Professor of Labour Law at the University of Strathclyde, UK
Rebecca Zahn is a Lecturer in Law at the University of Strathclyde, UK
