Vulnerability and the legal organization of work
Author(s)
Bibliographic Information
Vulnerability and the legal organization of work
(Gender in law, culture, and society / series editor, Martha Albertson Fineman)
Routledge, 2018
- : pbk
Available at 2 libraries
  Aomori
  Iwate
  Miyagi
  Akita
  Yamagata
  Fukushima
  Ibaraki
  Tochigi
  Gunma
  Saitama
  Chiba
  Tokyo
  Kanagawa
  Niigata
  Toyama
  Ishikawa
  Fukui
  Yamanashi
  Nagano
  Gifu
  Shizuoka
  Aichi
  Mie
  Shiga
  Kyoto
  Osaka
  Hyogo
  Nara
  Wakayama
  Tottori
  Shimane
  Okayama
  Hiroshima
  Yamaguchi
  Tokushima
  Kagawa
  Ehime
  Kochi
  Fukuoka
  Saga
  Nagasaki
  Kumamoto
  Oita
  Miyazaki
  Kagoshima
  Okinawa
  Korea
  China
  Thailand
  United Kingdom
  Germany
  Switzerland
  France
  Belgium
  Netherlands
  Sweden
  Norway
  United States of America
Note
Includes bibliographical references (p. [352]-398) and index
Description and Table of Contents
Description
This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees.
Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees.
Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.
Table of Contents
Introducing Vulnerability - Martha Albertson Fineman
Part I. Law and Vulnerability
Chapter 1: A Vulnerability Approach to Private Ordering of Employment - Jonathan W. Fineman
Chapter 2: Green Shoots in the Labor Market: A Cornucopia of Social Experiments - Katherine Van Wezel Stone
Chapter 3: The Constitutional Right to Organize - Rebecca E. Zietlow
Chapter 4: Labour Rights as Natural Rights - Sean Coyle
Part II. Work and Social Welfare
Chapter 5: Paid Care Work, Gendered Labour Law and the Vulnerability of Community - LJB Hayes
Chapter 6: Vulnerability, Workfare Law and Resilient Social Justice - Camilla Sabroe Jydebjerg
Chapter 7: Contract as Public Law: The Public Nature of Collective Bargaining Agreements - Risa L. Lieberwitz
Chapter 8: Acknowledging but Transcending Gender at Work: Applying the Model of Lifetime Disadvantage and Vulnerability Theory to Women's Poverty in Retirement - Susan Bisom-Rapp and Malcolm Sargeant
Chapter 9: Laboring Freedom: Neoliberalism, the Jurisprudence of Obamacare, and the Welfare-State Left - Jack Jackson
Part III. Marginalized Workers
Chapter 10: A Desired Composition: Regulating Vulnerability Through Immigration Law - Silas W. Allard
Chapter 11: The Wages of Human Trafficking - Rana M. Jaleel
Chapter 12: Migrant Domestic Workers in the UK: Enacting Exclusions, Exemptions and Rights - Siobhan Mullally and Cliodhna Murphy
Chapter 13: Bad Jobs and Good Workers: The Hiring of Ex-Prisoners in a Segmented Economy - Kristin Bumiller
Chapter 14: We Are All Contingent: Fighting Vulnerability in the U.S. Workforce - Ann C. McGinley and David McClure
Part IV. Limits of Law
Chapter 15: Equal by What Measure? The Lost Struggle for Universal State Protective Labor Standards - Deborah Dinner
Chapter 16: Improving Job Quality for Low-Wage Women Workers: A 21st Century Movement - Elizabeth Ben-Ishai
Chapter 17: A Right to Request Flexible Working: What Can the UK Teach Us? - K. Lee Adams
Chapter 18: Vulnerable Communities: Proposing Community Syndicalism for Distressed Localities - Kenneth M. Casebeer
Bibliography
Index
by "Nielsen BookData"