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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law
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The Labour Constitution - The Enduring Idea of Labour Law (Paperback)
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The Labour Constitution - The Enduring Idea of Labour Law (Paperback)
Series: Oxford Labour Law
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By exploring different approaches to the study of labour law, this
book re-evaluates how it is conceived, analysed, and criticized in
current legislation and policy. In particular, it assesses whether
so-called 'old ways' of thinking about the subject, such as the
idea of the labour constitution, developed by Hugo Sinzheimer in
the early years of the Weimar Republic, and the principle of
collective laissez-faire, elaborated by Otto Kahn-Freund in the
1950s, are in fact outdated. It asks whether, and how, these ideas
could be abstracted from the political, economic, and social
contexts within which they were developed so that they might still
usefully be applied to the study of labour law. Dukes argues that
the labour constitution can provide an 'enduring idea of labour
law', and an alternative to modern arguments which favour
reorienting labour law to align more closely with the functioning
of labour markets. Unlike the 'law of the labour market', the
labour constitution highlights the inherently political nature of
labour laws and institutions, as well as their economic functions.
It constructs a framework for analysing labour laws, labour
markets, and institutions, to allow scholars to critique the
current policy climate and, in light of the ongoing expansion of
the global labour market, assess the impact of the narrowing and
disappearance of spaces for democratic deliberation and democratic
decision-making on workers' rights.
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