Ruth Dukes - Böcker

By exploring different approaches to the study of labour law, this book re-evaluates how it is conceived, analysed, and criticized in current legislation and policy. In particular, it assesses whether so-called 'old ways' of thinking about the subject, such as the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s, are in fact outdated. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. Dukes argues that the labour constitution can provide an 'enduring idea of labour law', and an alternative to modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. Unlike the 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It constructs a framework for analysing labour laws, labour markets, and institutions, to allow scholars to critique the current policy climate and, in light of the ongoing expansion of the global labour market, assess the impact of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making on workers' rights.

Exploring different approaches to the study of labour law, this book examines different ways of conceiving of the subject and of describing, analysing, and criticizing current legislation and policy in the field. In particular, it assesses the validity of the suggestion that 'old ways' of thinking about the subject have become outdated. Detailed consideration is given to two such old ways: the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. The central argument of this book is that the labour constitution can be developed so as to provide an 'enduring idea of labour law', and this is constructed against a critique of modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. As compared with the posited 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It provides a framework for analysing labour laws, labour markets, and labour market institutions, which does not limit the capacity of scholarship in the field to retain its critical edge. It focuses our attentions on important questions, and important fields of enquiry: on questions, not least, of the consequences for workers of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making as markets continue to expand.

In the countries of the global North, workplace democracy may be thought of as a thing of the past. Increasingly, working relations are regulated primarily by contract; workforces are fissured and fragmented. What are the consequences of this? How should we respond?Ruth Dukes and Wolfgang Streeck argue that the time is ripe to restate the principles of industrial democracy and citizenship for the post-industrial era. Considering developments within political economy, employment relations and labour law since the postwar decades, they trace the rise of globalization and the ‘dualization’ of labour markets – the emergence of a core and periphery of workers – and the progressive insulation of working relations from democratic governance. What these developments amount to, they argue, is an urgent need for political intervention to tame the new world of ‘gigging’ and other forms of highly precarious work. This, according to the authors, will require far-reaching institution-building designed to fill legal concepts such as ‘employment’ with political substance.This eloquent call for a reimagining and renewal of the institutional and material conditions of freedom of association and the reinvention of industrial democracy will be crucial reading for anyone interested in work in the twenty-first century.

In the countries of the global North, workplace democracy may be thought of as a thing of the past. Increasingly, working relations are regulated primarily by contract; workforces are fissured and fragmented. What are the consequences of this? How should we respond?Ruth Dukes and Wolfgang Streeck argue that the time is ripe to restate the principles of industrial democracy and citizenship for the post-industrial era. Considering developments within political economy, employment relations and labour law since the postwar decades, they trace the rise of globalization and the ‘dualization’ of labour markets – the emergence of a core and periphery of workers – and the progressive insulation of working relations from democratic governance. What these developments amount to, they argue, is an urgent need for political intervention to tame the new world of ‘gigging’ and other forms of highly precarious work. This, according to the authors, will require far-reaching institution-building designed to fill legal concepts such as ‘employment’ with political substance.This eloquent call for a reimagining and renewal of the institutional and material conditions of freedom of association and the reinvention of industrial democracy will be crucial reading for anyone interested in work in the twenty-first century.

Critical theory encapsulates the many connections between theory and praxis. This Research Handbook addresses the broad range of these connections in relation to legal thought. Featuring contributions from leading scholars of law and critical theory, the Handbook confronts the logic of the institutional with its specific challenges right across the broad field of legal thought.The Research Handbook initially addresses the question of definition, tracking the origins and development of critical legal theory along its European and North American trajectories. Thematic connections are made between the development of legal theory and other currents of critical thought including feminism, Marxism, critical race theory, varieties of postmodernism, as well as the various 'turns' (ethical, aesthetic, political) of critical legal theory. Finally, particular legal disciplines are examined, including labour, criminal and intellectual property law, exploring what critical approaches reveal about them with the clear focus on opportunities for social transformation.This comprehensive and forward-looking Research Handbook will be of great interest to adherents of critical legal theory and scholars of jurisprudence more widely, as it provides a valuable analysis of the latest research and thinking in this dynamic field.