The Capability Approach to Labour Law

The Capability Approach to Labour Law
Author: Brian Langille
Publisher: Oxford University Press
Total Pages: 437
Release: 2019-04-04
Genre: Law
ISBN: 0192573101

Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

Enhancing Capabilities through Labour Law

Enhancing Capabilities through Labour Law
Author: Supriya Routh
Publisher: Routledge
Total Pages: 351
Release: 2014-03-26
Genre: Business & Economics
ISBN: 1317910664

In 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards. This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen’s theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries. This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.

The Cambridge Handbook of the Capability Approach

The Cambridge Handbook of the Capability Approach
Author: Enrica Chiappero-Martinetti
Publisher: Cambridge University Press
Total Pages: 966
Release: 2020-11-19
Genre: Business & Economics
ISBN: 1108882889

This landmark handbook collects in a single volume the current state of cutting-edge research on the capability approach. It includes a comprehensive introduction to the approach as well as new research from leading scholars in this increasingly influential multi-disciplinary field, including the pioneers of capability research, Martha C. Nussbaum and Amartya Sen. Incorporating both approachable introductory chapters and more in-depth analysis relating to the central philosophical, conceptual and theoretical issues of capability research, this handbook also includes analytical and measurement tools, as well as policy approaches which have emerged in the recent literature. The handbook will be an invaluable resource for students approaching the capability approach for the first time as well as for researchers engaged in advanced research in a wide range of disciplines, including development studies, economics, gender studies, political science and political philosophy.

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.

Women and Human Development

Women and Human Development
Author: Martha C. Nussbaum
Publisher: Cambridge University Press
Total Pages: 474
Release: 2000-03-13
Genre: Philosophy
ISBN: 113945935X

In this major book Martha Nussbaum, one of the most innovative and influential philosophical voices of our time, proposes a kind of feminism that is genuinely international, argues for an ethical underpinning to all thought about development planning and public policy, and dramatically moves beyond the abstractions of economists and philosophers to embed thought about justice in the concrete reality of the struggles of poor women. Nussbaum argues that international political and economic thought must be sensitive to gender difference as a problem of justice, and that feminist thought must begin to focus on the problems of women in the third world. Taking as her point of departure the predicament of poor women in India, she shows how philosophy should undergird basic constitutional principles that should be respected and implemented by all governments, and used as a comparative measure of quality of life across nations.

The Capability Approach

The Capability Approach
Author: Flavio Comim
Publisher: Cambridge University Press
Total Pages: 636
Release: 2008-04-24
Genre: Business & Economics
ISBN: 9780521862875

The capability approach developed by Nobel Laureate Amartya Sen has become an important new paradigm in thinking about development. However, despite its theoretical and philosophical attractiveness, it has been less easy to measure or to translate into policy. This volume addresses these issues in the context of poverty and justice. Part I offers a set of conceptual essays that debate the strength of the often misunderstood individual focus of the capability approach. Part II investigates the techniques by which we can measure and compare capabilities, and how we can integrate them into poverty comparisons and policy advice. Finally, Part III looks at how we can apply the capability approach to different regions and contexts. Written by a team of international scholars, The Capability Approach is a valuable resource for researchers and graduate students concerned with the debate over the value of the capability approach and its potential applications.

The Capability Approach to Labour Law

The Capability Approach to Labour Law
Author: Brian Langille
Publisher: Oxford University Press
Total Pages: 385
Release: 2019-04-04
Genre: Law
ISBN: 0192573098

Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

A Multidisciplinary Approach to Capability in Age and Ageing

A Multidisciplinary Approach to Capability in Age and Ageing
Author: Hanna Falk Erhag
Publisher: Springer Nature
Total Pages: 254
Release: 2022-01-10
Genre: Social Science
ISBN: 3030780635

This open access book provides insight on how to interpret capability in ageing – one’s individual ability to perform actions in order to reach goals one has reason to value – from a multidisciplinary approach. With for the first time in history there being more people in the world aged 60 years and over than there are children below the age of 5, the book describes this demographic trends as well as the large global challenges and important societal implications this will have such as a worldwide increase in the number of persons affected with dementia, and in the ratio of retired persons to those still in the labor market. Through contributions from many different research areas, it discussed how capability depends on interactions between the individual (e.g. health, genetics, personality, intellectual capacity), environment (e.g. family, friends, home, work place), and society (e.g. political decisions, ageism, historical period). The final chapter summarizes the differences and similarities in these contributions. As such this book provides an interesting read for students, teachers and researchers at different levels and from different fields interested in capability and multidisciplinary research.

Wellbeing, Freedom and Social Justice

Wellbeing, Freedom and Social Justice
Author: Ingrid Robeyns
Publisher: Open Book Publishers
Total Pages: 152
Release: 2017-12-11
Genre: Political Science
ISBN: 1783744243

How do we evaluate ambiguous concepts such as wellbeing, freedom, and social justice? How do we develop policies that offer everyone the best chance to achieve what they want from life? The capability approach, a theoretical framework pioneered by the philosopher and economist Amartya Sen in the 1980s, has become an increasingly influential way to think about these issues. Wellbeing, Freedom and Social Justice: The Capability Approach Re-Examined is both an introduction to the capability approach and a thorough evaluation of the challenges and disputes that have engrossed the scholars who have developed it. Ingrid Robeyns offers her own illuminating and rigorously interdisciplinary interpretation, arguing that by appreciating the distinction between the general capability approach and more specific capability theories or applications we can create a powerful and flexible tool for use in a variety of academic disciplines and fields of policymaking. This book provides an original and comprehensive account that will appeal to scholars of the capability approach, new readers looking for an interdisciplinary introduction, and those interested in theories of justice, human rights, basic needs, and the human development approach.