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Vulnerability and the Legal Organization of Work

Paperback Engels 2017 9781138698826
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This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees.

Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees.

Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

Specificaties

ISBN13:9781138698826
Taal:Engels
Bindwijze:Paperback
Aantal pagina's:406
Uitgever:Taylor & Francis Ltd

Lezersrecensies

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Inhoudsopgave

Introducing Vulnerability - Martha Albertson Fineman

Part I. Law and Vulnerability

Chapter 1: A Vulnerability Approach to Private Ordering of Employment - Jonathan W. Fineman

Chapter 2: Green Shoots in the Labor Market: A Cornucopia of Social Experiments - Katherine Van Wezel Stone

Chapter 3: The Constitutional Right to Organize - Rebecca E. Zietlow

Chapter 4: Labour Rights as Natural Rights - Sean Coyle

Part II. Work and Social Welfare

Chapter 5: Paid Care Work, Gendered Labour Law and the Vulnerability of Community - LJB Hayes

Chapter 6: Vulnerability, Workfare Law and Resilient Social Justice - Camilla Sabroe Jydebjerg

Chapter 7: Contract as Public Law: The Public Nature of Collective Bargaining Agreements - Risa L. Lieberwitz

Chapter 8: Acknowledging but Transcending Gender at Work: Applying the Model of Lifetime Disadvantage and Vulnerability Theory to Women’s Poverty in Retirement - Susan Bisom-Rapp and Malcolm Sargeant

Chapter 9: Laboring Freedom: Neoliberalism, the Jurisprudence of Obamacare, and the Welfare-State Left - Jack Jackson

Part III. Marginalized Workers

Chapter 10: A Desired Composition: Regulating Vulnerability Through Immigration Law - Silas W. Allard

Chapter 11: The Wages of Human Trafficking - Rana M. Jaleel

Chapter 12: Migrant Domestic Workers in the UK: Enacting Exclusions, Exemptions and Rights - Siobhán Mullally and Clíodhna Murphy

Chapter 13: Bad Jobs and Good Workers: The Hiring of Ex-Prisoners in a Segmented Economy - Kristin Bumiller

Chapter 14: We Are All Contingent: Fighting Vulnerability in the U.S. Workforce - Ann C. McGinley and David McClure

Part IV. Limits of Law

Chapter 15: Equal by What Measure? The Lost Struggle for Universal State Protective Labor Standards - Deborah Dinner

Chapter 16: Improving Job Quality for Low-Wage Women Workers: A 21st Century Movement - Elizabeth Ben-Ishai

Chapter 17: A Right to Request Flexible Working: What Can the UK Teach Us? - K. Lee Adams

Chapter 18: Vulnerable Communities: Proposing Community Syndicalism for Distressed Localities - Kenneth M. Casebeer

Bibliography

Index

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