A Purposive Approach to Labour Law

A Purposive Approach to Labour Law
Author: Guy Davidov
Publisher: Oxford University Press
Total Pages: 305
Release: 2016
Genre: Law
ISBN: 0198759037

This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.

The Future of Law and Economics

The Future of Law and Economics
Author: Guido Calabresi
Publisher: Yale University Press
Total Pages: 248
Release: 2016-01-28
Genre: Law
ISBN: 0300216262

In a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with Jeremy Bentham and John Stuart Mill. The first, Benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. The second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. It is the latter approach that Judge Calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

The Idea of Labour Law

The Idea of Labour Law
Author: Guy Davidov
Publisher: OUP Oxford
Total Pages: 780
Release: 2013-01-17
Genre: Law
ISBN: 0191648078

Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

Philosophical Foundations of Labour Law

Philosophical Foundations of Labour Law
Author: Hugh Collins
Publisher:
Total Pages: 369
Release: 2018
Genre: Law
ISBN: 0198825277

The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

The Concept of the Employer

The Concept of the Employer
Author: Jeremias Prassl
Publisher: Oxford University Press, USA
Total Pages: 289
Release: 2015
Genre: Law
ISBN: 0198735537

The concept of the employer has been surprisingly ignored in employment and corporate law, leaving protective norms unable to grapple with modern work arrangements. This book scrutinises the received concept of a unitary employer providing a functional reconceptualization as a framework for future arguments and coherent judicial decision-making.

Selwyn's Law of Employment

Selwyn's Law of Employment
Author: Astra Emir
Publisher: Oxford University Press
Total Pages: 752
Release: 2022-05-23
Genre: Labor laws and legislation
ISBN: 0192858793

Established and reliable, Selwyn's Law of Employment continues its legacy as a complete reference guide for students of employment law. Astra Emir has maintained Norman Selwyn's practical approach to the subject, wherein each topic's broad scope is discussed concisely and in an accessible manner, allowing space to reflect on developing issues in this fluid area of law. The straightforward written style and clean layout allows you to navigate the text with ease, and helps to identify legal principles and seminal cases quickly. This textbook includes case law from the UK and EU, and both collective and individual employment law is considered, to offer an inclusive representation of the subject. Digital formats and resources The twenty-second edition is available for students and institutions to purchase in a variety of formats, and is supported by online resources. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks The online resources, available at www.oup.com/he/selwyn22e/, includes biannual updates to the law, blog posts about prominent employment law topics, and animated diagrams exploring complex legal processes.

The Labour Constitution

The Labour Constitution
Author: Ruth Dukes
Publisher:
Total Pages: 273
Release: 2014
Genre: Labor laws and legislation
ISBN: 0199601690

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.

Landmark Cases in Property Law

Landmark Cases in Property Law
Author: Simon Douglas
Publisher: Bloomsbury Publishing
Total Pages: 465
Release: 2015-06-25
Genre: Law
ISBN: 1509900276

Landmark Cases in Property Law explores the development of basic principles of property law in leading cases. Each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence – How are property rights acquired? What is the content of property rights? What are the limits or boundaries of property? How are property rights extinguished? Individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. These themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of Roman legal reasoning on the common law of property. One or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. This makes for a coherent and provocative collection, and ensures that Landmark Cases in Property Law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.

Criminality at Work

Criminality at Work
Author: Alan Bogg
Publisher:
Total Pages: 593
Release: 2020
Genre: Law
ISBN: 0198836996

Edited by four leading law scholars, this volume explores the political and regulatory dimensions of modern 'criminality at work' from a wide range of disciplinary perspectives.