Author : Guy Davidov
Publisher : Oxford University Press
Page : 305 pages
File Size : 43,33 MB
Release : 2016
Category : 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.
Author : Guido Calabresi
Publisher : Yale University Press
Page : 248 pages
File Size : 31,60 MB
Release : 2016-01-28
Category : 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.
Author : Alan Bogg
Publisher :
Page : 593 pages
File Size : 14,85 MB
Release : 2020
Category : 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.
Author : Guy Davidov
Publisher : OUP Oxford
Page : 780 pages
File Size : 32,12 MB
Release : 2013-01-17
Category : 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.
Author : Hugh Collins
Publisher :
Page : 369 pages
File Size : 42,24 MB
Release : 2018
Category : 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.
Author : Breen Creighton
Publisher : Oxford University Press, USA
Page : 321 pages
File Size : 19,80 MB
Release : 2020-11-05
Category : Right to strike
ISBN : 0198869894
This book critically evaluates mandatory strike ballots as a means of protecting the 'democratic' rights of workers. Exploring empirical case studies from Australia and comparative analysis from a range of other countries, this book concludes that often the goal is to curtail strikes rather than support the democratic imperative for workers.
Author : Jeremias Prassl
Publisher : Oxford University Press, USA
Page : 289 pages
File Size : 29,97 MB
Release : 2015
Category : 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.
Author : Astra Emir
Publisher : Oxford University Press
Page : 752 pages
File Size : 37,42 MB
Release : 2022-05-23
Category : 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.
Author : Simon Douglas
Publisher : Bloomsbury Publishing
Page : 465 pages
File Size : 44,71 MB
Release : 2015-06-25
Category : 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.
Author : Ruth Dukes
Publisher :
Page : 273 pages
File Size : 40,89 MB
Release : 2014
Category : 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.
