Philosophical And Sociological Reflections On Labour Law In Times Of Crisis

Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not usual within labour law. Insights from philosophical, sociological and even economic standpoints are mobilised to reconcile the past with the future of labour law.

Throughout the industrial world, the discipline of labor law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labor law evolved in a symbiotic relationship with a postwar institutional and policy agenda, the social, economic and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition. These essays--which are the product of a transnational comparative dialog among academics and practitioners in labor law and related legal fields, including social security, immigration, trade, and development--identify, analyze, and respond to some of the conceptual and policy challenges posed by globalization.

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.

This book investigates whether, how and where the cultural milieu of European societies has changed as a result of the socio-economics crisis. To do so, it adopts a psycho-cultural approach, which views the cultural milieu as a set of meanings, placing the generalized image social actors have of themselves, the world, events and their relationships in the context of the socio-political and institutional environment, including policies. By analyzing the changes in cultural milieu and social identity, the book develops strategic and methodological guidelines for the design of post-crisis policies, providing a concept of how the cultural dynamics are associated with certain individual characteristics and specific socio-economic phenomena.

Moishe Postone undertakes a fundamental reinterpretation of Karl Marx's mature critical theory. He calls into question many of the presuppositions of traditional Marxist analyses and offers new interpretations of Marx's central arguments. He does so by developing concepts aimed at grasping the essential character and historical development of modern society, and also at overcoming the familiar dichotomies of structure and action, meaning and material life. These concepts lead him to an original analysis of the nature and problems of capitalism and provide the basis for a critique of 'actually existing socialism'. According to this new interpretation, Marx identifies the core of the capitalist system with an impersonal form of social domination generated by labor and the industrial production process are characterized as expressions of domination generated by labor itself and not simply with market mechanisms and private property. Proletarian labor and the industrial production process are characterized as expressions of domination rather than as means of human emancipation. This reinterpretation entails the form of economic growth and the structure of social labor in modern society to the alienation and domination at the heart of capitalism. This reformulation, Postone argues, provides the foundation for a critical social theory that is more adequate to late twentieth-century capitalism.

mile Durkheim is often referred to as the father of sociology. Along with Karl Marx and Max Weber he was a principal architect of modern social science and whose contribution helped established it as an academic discipline. "The Division of Labor in Society," published in 1893, was his first major contribution to the field and arguably one his most important. In this work Durkheim discusses the construction of social order in modern societies, which he argues arises out of two essential forms of solidarity, mechanical and organic. Durkheim further examines how this social order has changed over time from more primitive societies to advanced industrial ones. Unlike Marx, Durkheim does not argue that class conflict is inherent to the modern Capitalistic society. The division of labor is an essential component to the practice of the modern capitalistic system due to the increased economic efficiency that can arise out of specialization; however Durkheim acknowledges that increased specialization does not serve all interests equally well. This important and foundational work is a must read for all students of sociology and economic philosophy.

The value of work cannot be underestimated in today's world. Work is valuable because productive labour generates goods needed for survival, such as food and housing; goods needed for self-development, such as education and culture; and other material goods that people wish to have in order to live a fulfilling life. A job also generally inspires a sense of achievement, self-esteem and the esteem of others. People develop social relations at work, which can be very important for them. Work brings both material and non-material benefits. There is no doubt that work is a crucial good. Do we have a human right to this good? What is the content of the right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect decent work? There is also a question about the right-holders. Do migrants have a right to work, for example? At the same time many people would rather not work. What kind of right is this, if many people do not want to have it? The chapters of this book address the uncertainty and controversy that surround the right to work both in theoretical scholarship and in policymaking. They discuss the philosophical underpinnings of the right to work, and its development in human rights law at national level (in jurisdictions such as the United Kingdom, Australia, Japan, France and the United States) and international level (in the context of the United Nations, the European Social Charter, the International Labour Organization, theEuropean Convention on Human Rights and other legal orders).