Labour Law in an Era of Globalization: Transformative Practices and Possibilities

Paperback | May 26, 2004

EditorJoanne Conaghan, Richard Michael Fischl, Karl Klare

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Throughout the industrial world, the discipline of labour law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labour law evolved in a symbiotic relationship with a postwarinstitutional and policy agenda, the social, economic, and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition, a decline in the capacity of the nation-state to steer economic progress, the ascendancy of fiscalausterity and monetarism over Keynesian/welfare state politics, the appearance of post-industrial production models, the proliferation of contingent employment relationships, the fragmentation of class-based identities and emergence of new social movements, and the significantly increasedparticipation of women in paid work.These developments offer many appealing possibilities - the opportunity, for example, to contest the gender division of labour and re-think the boundaries between immigration and labour policy. But they also hold out quite threatening prospects - including increased unemployment and inequality andthe decline of workers' organizations and social participation - in the context of proliferating constraints imposed by international financial pressures on enacting redistributive social and economic policies. New strategies must be developed to meet these challenges. These essays - which are the product of a transnational comparative dialogue among academics and practitioners in labour law and related legal fields, including social security, immigration, trade, and development - identify, analyse, and respond to some of the conceptual and policy challenges posedby globalization.

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Throughout the industrial world, the discipline of labour law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labour law evolved in a symbiotic relationship with a postwarinstitutional and policy agenda, the social, economi...

Joanne Conaghan is Professor of Law at the University of Kent at Canterbury. Richard Michael Fischl is Professor of Law at the University of Miami. Karl Klare is Professor of Law at Northeastern University. They are co-secretaries of INTELL-International Network on Transformative Employment and Labour Law-from whose recent conferen...

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Format:PaperbackDimensions:578 pages, 9.21 × 6.14 × 1.22 inPublished:May 26, 2004Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019927181X

ISBN - 13:9780199271818

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Table of Contents

Part I. Labour Law in Transition1. Karl Klare: The Horizons of Transformative Labour and Employment Law2. Massimo D'Antona: Labour Law at the Century's End: An Identity Crisis?Part II. Contested Categories: Work, Worker, and Employment3. Joanne Conaghan: Women, Work, and Family: A British Revolution?4. Paul Benjamin: Who Needs Labour Law? Defining the Scope of Labour Protection5. Lucy Williams: Beyond Labour Law's Parochialism: A Re-envisioning of the Discourse of DistributionPart III. Globalization and Its Discontents6. Kerry Rittich: Feminization and Contingency: Regulating the Stakes of Work for Women7. Brian A. Langille: Seeking Post-Seattle Clarity - and Inspiration8. Dennis M. Davis: Death of a Labour Lawyer?Part IV. Same as the Old Boss? The Firm, the Employment Contract, and the 'New' Economy9. Simon Deakin: The Many Futures of the Contract of Employment10. Paddy Ireland: From Amelioration to Transformation: Capitalism, the Market, and Corporate Reform11. Makoto Ishida: Death and Suicide from Overwork: The Japanese Workplace and Labour Law12. Alan Hyde: A Closer Look at the Emerging Employment Law of Silicon Valley's High-Velocity Labour Market13. Richard Michael Fischl: 'A Domain into which the King's writ does not seek to run': Workplace Justice in the Shadow of Employment-at-WillPart V. Border/States: Immigration, Citizenship, and Community14. Guy Mundlak: The Limits of Labour Law in a Fungible Community15. Bruno Caruso: Immigration Policies in Southern Europe: More State, Less Market?16. Margriet Kraamwinkel: The Imagined European Community: Are Housewives European Citizens?17. Linda Bosniak: Critical Reflections on 'Citizenship' as a Progressive AspirationPart VI. Labour Solidarity in an Era of Globalization: Opportunities and Challenges18. Frances Raday: The Decline of Union Power - Structural Inevitability or Policy Choice?19. James Atleson: The Voyage of the Neptune Jade: Transnational Labour Solidarity and the Obstacles of Domestic Law20. Carlos de Buen Unna: Mexican Trade Unionism in a Time of Transition21. Maria L. Ontiveros: A New Course for Labour Unions: Identity-based Organizing as a Response to Globalization22. Michael Selmi and Molly S. McUsic: Difference and Solidarity: Unions in a Postmodern AgePart VII. Laying Down the Law: Strategies and Frontiers23. Hugh Collins: Is There a Third Way in Labour Law?24. Harry Arthurs: Private Ordering and Workers' Rights in the Global Economy: Corporate Codes of Conduct as a Regime of Labour Market Regulation25. Claire Kilpatrick: Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work26. Dennis Davis, Patrick Macklem, and Guy Mundlak: Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative AssessmentIndex

Editorial Reviews

`... well worth reading...provides interesting insights...which will no doubt engage readers...for some time to come.'Jill Murray, Australian Journal of Labour Law, 2003