If The Workers Took A Notion

Once a fundamental civic right, strikes are now constrained and contested. In an unusual and thought-provoking history, Josiah Bartlett Lambert shows how the ability to strike was transformed from a fundamental right that made the citizenship of working people possible into a conditional and commercialized function. Arguing that the executive branch, rather than the judicial branch, was initially responsible for the shift in attitudes about the necessity for strikes and that the rise of liberalism has contributed to the erosion of strikers' rights, Lambert analyzes this transformation in relation to American political thought. His narrative begins before the Civil War and takes the reader through the permanent striker replacement issue and the alienation of workplace-based collective action from community-based collective action during the 1960s. "If the Workers Took a Notion" maps the connections among American political development, labor politics, and citizenship to support the claim that the right to strike ought to be a citizenship right and once was regarded as such. Lambert argues throughout that the right to strike must be protected. He challenges the current "law turn" in labor scholarship and takes into account the role of party alliances, administrative agencies, the military, and the rise of modern presidential powers.

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.

Publishes in-depth articles on labor subjects, current labor statistics, information about current labor contracts, and book reviews.

This book opens fresh ways of rethinking colonial nationalisms, qualifying derivative, political and modernist paradigms. Introducing the category of samaj (cultural entity), it shows how indigenous socio-cultural origins were reconfigured in modern Bengali-Indian nationhood to conceptualise unities and mediate fragmentation.