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This book is the first attempt to establish a collaborative and
interdisciplinary field of economics and legal studies. It is
designed to help readers - advanced undergraduate and graduate
students, but also fellow scholars who are interested in
interdisciplinarity - to think through the dual lenses of economics
and law. "Econo-Legal Studies," as we call it, is an economics that
pays greater attention to the perspective and heritage of legal
studies, and at the same time legal studies that fully utilize the
views and methods of economics - while "law and economics" is just
a one-way economic approach to law focusing on the effects of the
latter on efficiency. The aim of this book is to encourage readers
to think like economists and, at the same time, legal scholars as
they analyze complex real-world issues. It presents stimulating
discussions on the intersection of law and economics, the
differences and unexpected similarities between the two
perspectives, and the new insights to be gained when approaching a
problem from both angles. For this purpose, the extensive corpus of
knowledge produced within the framework of the Econo-Legal Studies
interdisciplinary program at Kobe University can be capitalized on.
Basic knowledge of both economics and law is also included in this
volume, making it an engaging read for beginners in both fields as
well.
This book is the first attempt to establish a collaborative and
interdisciplinary field of economics and legal studies. It is
designed to help readers - advanced undergraduate and graduate
students, but also fellow scholars who are interested in
interdisciplinarity - to think through the dual lenses of economics
and law. "Econo-Legal Studies," as we call it, is an economics that
pays greater attention to the perspective and heritage of legal
studies, and at the same time legal studies that fully utilize the
views and methods of economics - while "law and economics" is just
a one-way economic approach to law focusing on the effects of the
latter on efficiency. The aim of this book is to encourage readers
to think like economists and, at the same time, legal scholars as
they analyze complex real-world issues. It presents stimulating
discussions on the intersection of law and economics, the
differences and unexpected similarities between the two
perspectives, and the new insights to be gained when approaching a
problem from both angles. For this purpose, the extensive corpus of
knowledge produced within the framework of the Econo-Legal Studies
interdisciplinary program at Kobe University can be capitalized on.
Basic knowledge of both economics and law is also included in this
volume, making it an engaging read for beginners in both fields as
well.
This book compares legally allowed dismissal conditions in
employment contracts in Taiwan and Japan and then examines the
possibility of introducing the Taiwan-style severance payment
system into Japanese employment contracts. A significant difference
exists between employment regulations of Japan and Taiwan. In
Japan, dismissal of an employee on the grounds of ability is not
easily upheld in a court of law, and a set rule for dismissals with
severance payment does not exist. On the other hand, in Taiwan,
where regulations do not allow dismissal at will, an employee can
still be dismissed with severance payment, as long as due process
is followed. Written by labor lawyers and labor economists from
both Taiwan and Japan, this book describes the procedures that must
be followed in the dismissal process in the two countries. It also
shows that this difference in dismissal conditions between the two
countries explains the low labor mobility in Japan and high labor
mobility in Taiwan, and that this difference in labor mobility, in
turn, caused the shift of IT production from Japan to Taiwan in the
1990s. The final chapter of the book elucidates the need for
introducing the Taiwan-style severance payment before carrying out
further deregulation in Japan.
In countries where collective bargaining is conducted mainly at the
industry or regional level, there is often a type of workers'
representation at the company or establishment level other than a
labor union. Where this double form of worker representation - that
is, labor unions and employee representatives - exists, the
relationship between the two can present a delicate problem in
industrial relations. "Decentralizing Industrial Relations" is an
in-depth country-by-country analysis, for nine major industrial
nations, of three essential topics in this area: the relationship
between labor unions and employee representatives, the shift in
collective bargaining from industry or branch towards the company
or establishment level, and the role of labor unions or employee
representatives in the flexibilization of labor protective
regulations. What emerges in the course of the analysis sheds
important light on such crucial factors as the following: the
political power of labor unions; the extent to which employee
representatives can and do protect workers' interests;
'single-channel' (labor unions only) versus 'double-channel'
systems; invasion of the 'turf' of labor unions by employee
representation systems; and, inclusion of disadvantageous working
conditions in collective agreements or workplace agreements. In the
aggregate, the study finds that, although employers are nowhere
completely free to modify working conditions unilaterally, in all
countries they can, abetted by the decline of labor unions and an
emphasis on 'flexibilization,' make working conditions increasingly
dependent on the individual employment contract. In this global
context, the supremacy of labor unions is being questioned. This
issue is undoubtedly one that deeply concerns all professionals
interested in labor, employment, and industrial relations. This
volume in Kluwer's "Bulletin of Comparative Labour Relations"
series reprints papers submitted to the 8th Comparative Labor Law
Seminar (JILPT Tokyo Seminar) held on 21 February, 2006.
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