A Purposive Approach to Labour Law
Oxford University Press, 6 במאי 2016 - 270 עמודים
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 of 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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מהדורות אחרות - הצג הכל
analysis argued articulate bargaining power Bogg Brian Langille Chapter CLLPJ collective agreement collective bargaining compliance considered context costs decisions dignity discussion economic Edward Elgar efficiency employ employer Employment Law employment relations employment relationship enforcement ensure Estlund example explain faith firm Frank Wilkinson freedom of association goals of labour Guy Davidov Histadrut Hugh Collins ibid Idea of Labour important independent contractors inequality of bargaining Israel Israeli National Labour justified Kountouris Labour Law’s Goals Labour Market legal systems legislature limited Low Pay Commission managerial prerogative Mark Freedland market failures means minimum wage laws monopsony National Labour Court National Minimum Wage Open-Ended Standards Paul Davies possible problems proportionality tests protection purposive approach purposive interpretation reasons redistribution regulations risks rules sector Simon Deakin social solution Specific Labour Laws Supreme Court union violations vulnerabilities workers workplace workplace democracy