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By Guy Davidov, Brian Langille
Hard work legislation has consistently been preoccupied with obstacles. one could both be an 'employee' or now not, an 'employer' or now not, and the reply dictates who comes in the scope of work legislations, for greater or worse. yet such divisions have consistently been tough, and in recent times their shortcomings became ever extra mentioned. The proliferation of latest paintings preparations and heightened international festival has uncovered a world-wide difficulty within the legislation of labor. it's for that reason well timed to re-assess the belief of work legislation, and the options, specifically, the age-old differences which are used to delimit the sphere. This number of essays, by way of top specialists from world wide, explores the frontiers of our realizing of work legislation itself.
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Extra info for Boundaries And Frontiers of Labour Law: Goals And Means in the Regulation of Work
As the background condition that makes that question possible. It tells us that there is such a subject which one can worry about. ’) to the construction of the most complicated legal arguments (this labour arbitration case about ‘management rights’ under a collective agreement has to be understood against the backdrop of the common law case on constructive dismissal involving variation of contracts of employment). Yet, while able to deploy these arguments and operate intelligently within the field of labour law, many labour lawyers may not be able to spell out the narrative with which they are so intimately familiar.
This was the world of labour law in which I grew up as a law student in the 1970s. But by then there were changes underway. Law faculties, following Innis Christie’s lead,3 began to offer courses in what became called ‘employment law’. The subject matter here is somewhat more difficult to describe, but we would say now that it is all of the rest of labour law lying outside collective bargaining law. ), pension regulation, and so on. In the United States this turn to employment law was also a turn away from collective labour law driven by the radical decline in the union density rates and the de-centring of collective bargaining in that country.
What all of this amounts to is that our narrative no longer describes, or deals with, our world. Something needs to be done. At the same time, and resting their case upon the same perceived realities, others will claim that any such effort, if futile, and that the economic forces of globalisation, along with what Harry Arthurs has called ‘globalisation of 30 Brian Langille the mind’,13 make all of this an exercise in self-delusion. If we were honest we would simply lament the passing of both the world which our subject once commanded, and our subject itself, and be content with writing a good obituary for it.