By Guy Davidov, Brian Langille
Hard work legislations has constantly been preoccupied with barriers. one could both be an 'employee' or now not, an 'employer' or now not, and the reply dictates who comes in the scope of work legislation, for higher or worse. yet such divisions have constantly been tricky, and lately their shortcomings became ever extra reported. The proliferation of recent paintings preparations and heightened international pageant has uncovered a world-wide main issue within the legislation of labor. it truly is for this reason well timed to re-assess the assumption of work legislations, and the suggestions, specifically, the age-old differences which are used to delimit the sphere. This number of essays, by way of best specialists from all over the world, explores the frontiers of our realizing of work legislation itself.
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Additional info for Boundaries And Frontiers of Labour Law: Goals And Means in the Regulation of Work
Sample text
There is a second response to our problem of securing justice in employment relationships. This second response is substantive in nature. The logic here is as follows. If our problem is that we will not secure justice in employment relationships because these relationships are analysed in contractual terms, and employees suffer from inequality of bargaining power in the negotiation of such contracts, then we should simply rewrite the resulting bargain. This we do via human rights codes, employment standards legislation, occupational health and safety regulation, and so on.
This really is just like saying ‘property is theft’ and meaning it as a comment within property theory. These are signals of conceptual stress. They are dead canaries down our disciplinary mine. Finally there is also the pretty obvious fact that the narrative’s central mechanisms of unionisation and collective bargaining are, in a word, de-centred. What all of this amounts to is that our narrative no longer describes, or deals with, our world. Something needs to be done. At the same time, and resting their case upon the same perceived realities, others will claim that any such effort, if futile, and that the economic forces of globalisation, along with what Harry Arthurs has called ‘globalisation of 30 Brian Langille the mind’,13 make all of this an exercise in self-delusion.
This is because construction of narratives is different from conceptual analysis. Moreover, and this is a critical point for the current project, any and all such successful accounts will always be subject to change and challenge over time precisely because they are answerable to the real world and its phenomena, and not some noumenal world of concepts. The world outside our window changes and the story line must keep up, it must make sense of that world. But there is a further problem which is important to keep an eye on.