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The Autonomy of Labour Law

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To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory.

Author: Bogg Alan
Pages: 442
ISBN: 9781509914142
Cover: Paperback
Edition Number: 1
Release Year: 2017

Part I: Labour Law's Autonomy: Theory and Methodology

1 Otto Kahn-Freund, the Contract of Employment and the Autonomy of Labour Law
Mark Freedland
2 Contractual Autonomy
Hugh Collins
3 Labour Law and the Trade Unions: Autonomy and Betrayal
Alan Bogg
4 Common Law Confusion and Empirical Research in Labour Law
Lizzie Barmes
5 Evaluating the Reflexive Turn in Labour Law
Diamond Ashiagbor
Part II: Labour Law's Autonomy: Core Organizing Concepts
6 Autonomous Concepts in Labour Law? The Complexities of the Employing Enterprise Revisited
Jeremias Prassl
7 Uses and Misuses of 'Mutuality of Obligations' and the Autonomy of Labour Law
Nicola Countouris
8 Migrants and Forced Labour: A Labour Law Response
Cathryn Costello
Part III: Labour Law's Autonomy: Labour Law, Public Law and Human Rights
9 Labour Law as Public Law
ACL Davies
10 Equality Law: Labour Law or an Autonomous Field?
Sandra Fredman
11 Labour Law as Human Rights Law: A Critique of the Use of 'Dignity' by Freedland and Kountouris
Christopher McCrudden
12 The EU Internal Market and Domestic Labour Law: Looking Beyond Autonomy
Phil Syrpis and Tonia Novitz
Part IV: Labour Law's Autonomy: Labour Law, Commercial Law and Economic Theory
13 Labour Law as the Law of the Business Enterprise
Alice Carse and Wanjiru Njoya
14 Conceptualizing the Employer as Fiduciary: Mission Impossible?
Jill Murray
15 Efficiency Arguments for the Collective Representation of Workers: A Sketch
Paul Davies
16 Labour Law on the Plateau: Towards Regulatory Policy for Endogenous Norms

Deirdre McCann

Alan Bogg is Professor of Labour Law at the University of Bristol.

Cathryn Costello is Andrew W Mellon Associate Professor in International Human Rights and Refugee Law, Refugee Studies Centre, Oxford Department of International Development.

ACL Davies is Professor of Law and Public Policy, University of Oxford and Garrick Fellow and Tutor in Law at Brasenose College.

Jeremias Prassl is an Associate Professor in the Faculty of Law, University of Oxford, and a Tutorial Fellow at Magdalen College, Oxford.

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