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Books > Law > Jurisprudence & general issues > Comparative law
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A Purposive Approach to Labour Law (Hardcover)
Loot Price: R3,371
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A Purposive Approach to Labour Law (Hardcover)
Series: Oxford Labour Law
Expected to ship within 10 - 15 working days
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The mismatch between goals and means is a major cause of crisis in
labour law. The regulations that we use - the legal instruments and
techniques - are no longer in sync with the goals they are supposed
to advance. This mismatch leads to a problem of coverage, where
many workers who need the protection of labour law are not covered
by it, as well as a problem of obsoleteness, as labour laws are not
sufficiently updated in light of dramatic changes in the labour
market. Adopting a purposive approach to interpretation and
legislative reform, this volume addresses this crisis of mismatch.
It first articulates the goals of labour law, both general and
specific, through an in-depth normative discussion and a
consideration of critiques. The book then proceeds to reconsider
our means, asking what we need to change or improve in the laws
themselves in order to better advance the goals. Some of the
proposed solutions are at the level of judicial interpretation,
others at the legislative level. The book offers several examples
for the way a purposive analysis should be performed in concrete
cases. It also recommends institutional structures that are suited
to ongoing adaptation of the law to ensure that our goals are
advanced even when circumstances frequently change. Finally, in
response to the crisis of enforcement in this field, which
frustrates the achievement of labour law's goals, several proposals
to improve compliance and enforcement are considered.
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