Labour Law in an Era of Globalization Transformative Practices and Possibilities

by Conaghan, Joanne; Fischl, Richard Michael; Klare, Karl

• ISBN13: 9780199242474
• ISBN10: 019924247X
• Format: Hardcover
• Copyright: 2002-05-23
• Publisher: Oxford University Press

Summary

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, analyze, and respond to some of the conceptual and policy challenges posedby globalization.

Author Biography

The book has emerged from a series of international conferences held in recent years under the auspices of INTELL - International Network on Transformative Employment and Labour Law. The editors are co-secretaries of INTELL, teach and research in labour law, and have published widely within and beyond that field.

Table of Contents

Notes on Contributors	xi
Acknowledgements	xvii
List of Abbreviations	xix
Introduction	xxiii
Part I. Labour Law in Transition
The Horizons of Transformative Labour and Employment Law	3	(28)
Karl Klare
Labour Law at the Century's End: An Identity Crisis?	31	(22)
Massimo D'Antona
Part II. Contested Categories: Work, Worker, and Employment
Women, Work, and Family: A British Revolution?	53	(22)
Joanne Conaghan
Who Needs Labour Law? Defining the Scope of Labour Protection	75	(18)
Paul Benjamin
Beyond Labour Law's Parochialism: A Re-envisioning of the Discourse of Redistribution	93	(24)
Lucy A. Williams
Part III. Globalization and its Discontents
Feminization and Contingency: Regulating the Stakes of Work for Women	117	(20)
Kerry Rittich
Seeking Post-Seattle Clarity-and Inspiration	137	(22)
Brian A. Langille
Death of a Labour Lawyer?	159	(18)
Dennis M. Davis
Part IV. Same as the Old Boss? The Firm, the Employment Contract, and the `New' Economy
The Many Futures of the Contract of Employment	177	(20)
Simon Deakin
From Amelioration to Transformation: Capitalism, the Market, and Corporate Reform	197	(22)
Paddy Ireland
Death and Suicide from Overwork: The Japanese Workplace and Labour Law	219	(14)
Makoto Ishida
A Closer Look at the Emerging Employment Law of Silicon Valley's High-Velocity Labour Market	233	(20)
Alan Hyde
A domain into which the King's writ does not seek to run': Workplace Justice in the Shadow of Employment-at-Will	253	(26)
Richard Michael Fischl
Part V. Border/States: Immigration, Citizenship, and Community
The Limits of Labour Law in a Fungible Community	279	(20)
Guy Mundlak
Immigration Policies in Southern Europe: More State, Less Market?	299	(22)
Bruno Caruso
The Imagined European Community: Are Housewives European Citizens?	321	(18)
Margriet Kraamwinkel
Critical Reflections on 'Citizenship' as a Progressive Aspiration	339	(14)
Linda Bosniak
Part VI. Labour Solidarity in an Era of Globalization: Opportunities and Challenges
The Decline of Union Power-Structural Inevitability or Policy Choice?	353	(26)
Frances Raday
The Voyage of the Neptune Jade: Transnational Labour Solidarity and the Obstacles of Domestic Law	379	(22)
James Atleson
Mexican Trade Unionism in a Time of Transition	401	(16)
Carlos de Buen Unna
A New Course for Labour Unions: Identity-Based Organizing as a Response to Globalization	417	(12)
Maria L. Ontiveros
Difference and Solidarity: Unions in a Postmodern Age	429	(20)
Michael Selmi
Molly S. McUsic
Part VII. Laying Down the Law: Strategies and Frontiers
Is There a Third Way in Labour Law?	449	(22)
Hugh Collins
Private Ordering and Workers' Rights in the Global, Economy: Corporate Codes of Conduct as a Regime of Labour Market Regulation	471	(18)
Harry Arthurs
Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work	489	(22)
Claire Kilpatrick
Social Rights, Social Citizenship, and Transformative Constitutionalism: A Comparative Assessment	511	(24)
Dennis M. Davis
Patrick Macklem
Guy Mundlak
Index	535