Boundaries and frontiers of labour law : goals and means in the regulation of work
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書誌事項
Boundaries and frontiers of labour law : goals and means in the regulation of work
Hart, 2006
- : hardback
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Contributions based upon papers given at the Bellagio Study and Conference Centre, Lake Como, Italy in May 2005
"International Institute for Labour Studies"
Includes bibliographical references and index
内容説明・目次
内容説明
Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enrique Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.
目次
1 Introduction: Goals and Means in the Regulation of Work Guy Davidov and Brian Langille I. THE VERY IDEA OF LABOUR LAW 2 Labour Law's Back Pages Brian Langille 3 What is Labour Law? Alan Hyde 4 Using Development Approaches to Address the Challenge of the Informal Economy for Labour Law Anne Treblicock II. THE EMPLOYMENT RELATIONSHIP AS A VEHICLE FOR THE DELIVERY OF RIGHTS AND ENTITLEMENTS 5 The Comparative Evolution of the Employment Relationship Simon Deakin 6 Labour Subordination and the Subjective Weakening of Labour Law Adrian Goldin 7 The Reports of My Death are Greatly Exaggerated: 'Employee' as a Viable (Though Over-used) Legal Concept Guy Davidov III. BRINGING ATYPICAL WORK ARRANGEMENTS INTO THE SCOPE OF LABOUR LAW 8 Rethinking Labour Law: Employment Protection for Boundaryless Workers Katherine V.W. Stone 9 Beyond the Boundaries: Prospects for Expanding Labour Market Regulation in South Africa Paul Benjamin 10 Protecting the Worker in the Informal Economy: The Role of Labour Law Kamala Sankaran 11 Ways and Effects of Deconstructing Protection in the Post-socialist New Member Status-Based on Hungarian Experience Csilla Kollonay Lehoczky 12 National and European Public Policy: the Goals of Labour Law Silvana Sciarra IV. IDENTIFYING THE EMPLOYER AND DETERMINING ITS RESPONSIBILITIES 13 The Complexities of the Employing Enterprise Paul Davies and Mark Freedland 14 The Legal Boundaries of the Employer, Precarious Workers, and Labour Protection Judy Fudge 15 Multi-segmented Workforces, Comparative Fairness, and the Capital Boundary Obstacle Hugh Collins V. INTERNATIONAL AND INSTITUTIONAL SOLUTIONS 16 The Employment Relationship: The Issue at the International Level Enrique Marin 17 The Employer and the Worker: The Need for a Comparative and International Perspective Jean-Claude Javillier 18 What Immortal Hand or Eye?-Who will Redraw the Boundaries of Labour Law? Harry Arthurs
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