Theorising Labour Law in a Changing World : Towards Inclusive Labour Law

"This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how such inclusivity might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and inclusive conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work." Acknowledgements Table of Contents List of Contributors 1. Introduction I. Introduction: The Paradox of Inclusion II. Towards Inclusive Labour Law III. Themes and Structure IV. Conclusion Part A: Work Regulation and the Socio-Economic Order 2. Recovering the Impact of Normative Regimes on Labour Relations Practices: A Socio-Historical View of Institutional Requirements I. Introduction II. Seven Common but Deplorable Limits of Labour Law III. Repertoires of Evaluation and Legal Models of Labour Relations IV. Regimes of Labour Relations: An Outline V. Conclusions and Outlook 3. Theorising Labour Law in the State of Exception: Political and Judicial Responses to Crisis I. Introduction II. The State of Exception and Labour Law III. Means of Resistance: Recognising and Employing Crisis for Labour IV. Means of Resistance: Recourse to Law V. Conclusions 4. Redefining the Boundaries of Labour Law: Is 'Double Alienness' a Useful Concept for Classifying Employees in Times of Fractal Work? I. Back to the Future: Fractal Work and Fundamentals of Labour Law II. A Few Necessary Premises III. A Matter of Classification from an Italian Perspective IV. The Concept of Subordination as Double Alienness V. Applying Double Alienness to the Fractal Work of Platforms VI. Conclusion 5. Comment Reconsidering HistoricalPerspectives Anew – Old Ideas Adapted to New Forms of Work Part B: Revitalising the Role of Collective Representation 6. Back to the Future: Rediscovering the Non-Economic Role, Value and Scope of Labour Law and Collective Labour Institutions in a Changing World I. Introduction II. Collective Labour Law and the Challenges of the Modern Global Economy III. Collective Labour Law as an Instrument in the Service of Social, Democratic, and Political Values and Objectives IV. Conclusions: Rediscovering the Multiple Constitutive Value of Collective Labour law in a Contemporary Context 7. Trade Unions, the Gig Economy, and the Feminisation of Work: Lessons from the Past? I. Introduction II. The Rise of Non-Standard Work and the Gig Economy in a Changing Legal Landscape III. Non-Standard Work, the Gig Economy, and Gender IV. Challenges to Trade Unions V. Trade Union Functions VI. Rethinking of Priorities? 8. A Socio-Legal History of the Coalition of Immokalee Workers I. Introduction II. Field Theory to Make Sense of the Sprawl of History III. The Rise of the CIW IV. Uncovering the Role of Law V. Conclusion: Law's Promise? 9. Comment Changing Collective Representationand Action to Meetthe Challenges – Historical Lessonsand Contemporary Learning I. Changes Apparent in the Twenty-First CenturyLabour Market II. Adjustments to CollectiveRepresentation and Action III. Regulatory Lessons from the PastTaken into the Present 10. Comment Collectivism and Trade Unions(Past, Present and Future) and theNew World of Work I. Introduction II. Re-discovering the Value of CollectiveLabour Law and Institutions III. What are the Lessons, If Any,to be Learnt From the Past? Part C: Advancing Theoretical Modelsto Respond to the New World of Work 11. Employment Regulation and Working Time Through the Lens of a Regulatory Space Approach I. Introduction II. Regulatory Space: New Perspectives for Researching Labour Law III. The Analytical Framework for Employment Regulation IV. The Analytical Framework Applied to Working Time V. Conclusion 12. Re-Systematising Labour Law: Beyond Traditional Systems Theory and Reflexive Law? I. Introduction II. Systems Theory III. Reflexive Law IV. Reflexive Law in Labour and Equality Law Scholarship V. Critiques of Systems Theory VI. Conclusion: The Ongoing Relevance of Systems Theory and Reflexive Law 13. Argumentative Strategies in the Defence of Labour Law: The Promises of Republican Theory I. Introduction II. Sen's Capability Approach as a Foundation of Labour Law: Langille"s Argument III. The Republican Theory of Non-domination and Labour Law IV. Critiques on Deployment of the Republication Theory of Non-domination as a Foundation of Labour Law V. Conclusion 14. Anti-Authoritarian Employment Relations? Labour Law from an Anarchist Perspective I. Introduction II. The Principle of Authority in Labour Law III. Authority Lost: From Neoliberal Thinking to the 'Gig Economy' IV. Anarchism and Labour Law V. Anti-Authoritarian Employment Relations? 15. Challenging Labour Law's 'Productivity' Bias Through a Feminist Lens: A Conversation I. Introduction II. Work, Production and Social Reproduction - Feminists Challenge Labour Law III. Towards Better Valuation and Other Justifications for Regulating Paid and Unpaid Care and Domestic Work IV. Concluding Remarks 16 Comment Theories of Labour Law Assessed from the Perspectiv eof Reflexive Labour Law I. Introduction II. Multidisciplinarity III. The Relationship between Labour Law, Employment Relations, the Labour Market, Industrial Relations and the State IV. The Normative Assumptions of Labour LawLinked to Neo-Liberal Economism V. The Policy Dimension VI. The New Theoretical Frame for Labour LawProvided by Reflexive Labour Law VII. Concluding Remarks Index "This collection offers critical, nuanced and interdisciplinary insights to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The chapters all speak to this theme of inclusivity in different ways, and offer different suggestions for how such inclusivity might be achieved. They bring together perspectives from industrial relations, political economy, sociology, gender studies and regulatory theory to break down the silos between legal research and other disciplines, and promote fruitful and inclusive conversations across disciplines. Finally, in the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from scholars who are already well established, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work"-- Provided by publisher This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of a variety of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how it might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and integrative conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.