Wages, Salary, and Remuneration—Towards a Social Wage

2020 ◽  
pp. 128-164
Author(s):  
Zoe Adams

This chapter traces the development of minimum wage legislation through the early to mid-twentieth century. It demonstrates the significance of the concept of ‘remuneration’ in shaping the legal environment in which workers’ right to payment was coming to be conceived. The first section begins with a discussion of this concept, tracing it from its origins in the concept of the salary. The second section builds on this analysis to explore the role of these concepts—the wage, the salary, and remuneration—in experiments in wage regulation. The third section explores the link between these different concepts and the emerging relational model of the contract of employment. The fourth section shows how these changes influenced the way in which minimum wage legislation came to be conceived in the mid-twentieth century, particularly in the context of the wages councils system of the 1940s. The fifth section then explores the broader implications of these changes, returning to the example of dock work and the various ‘decasualization’ policies of the era.

Author(s):  
Michael P. Roller

The conclusion revisits the three major inquiries addressed in the text, drawing together the evidence and contexts provided in the previous seven chapters. The first investigates the role of objective settings, such as the systemic and symbolic violence of landscapes and semiotic systems of racialization in justifying or triggering moments of explicit subjective violence such as the Lattimer Massacre. The second inquiry, traces the trajectory of immigrant groups into contemporary patriotic neoliberal subjects. In other terms, it asks how an oppressed group can become complicit with oppression later in history. The third inquiry traces the development of soft forms of social control and coercion across the longue durée of the twentieth century. Specifically, it asks how vertically integrated economic and governmental structures such as neoliberalism and governmentality which serve to stabilize the social antagonisms of the past are enunciated in everyday life.


2020 ◽  
pp. 191-231
Author(s):  
Zoe Adams

This chapter explores the modern minimum wage framework in detail. The first section begins by exploring the background to the National Minimum Wage Act through the lens of the relationship between minimum wages and wage supplementation. The second section then explores the conceptual structure of the Act in more detail. In particular, it explores how an individual’s minimum wage entitlement is assessed; the types of ‘work’ that are either implicitly or expressly, excluded from the Act; and the content of the concept of the ‘wage’. It concludes with some remarks about what the Act’s structure implies about the legal system’s understanding of the role of minimum ‘wage’ regulation today.


Author(s):  
Stefan Vogenauer

Sources of law serve to separate the province of law from the realm of non-law. Only propositions that are derived from a valid source of law are genuinely legal propositions. This article outlines the role of sources of law and legal method in the study of comparative law. The second section explains why these topics have been central to comparative legal scholarship from its very beginnings. The third section attempts to clarify their ambit for the purposes of comparative study, and identifies the pitfalls lurking for the comparative lawyer who wants to determine another system’s sources of law and the methodological approach prevailing there. The fourth section gives an overview of the most important comparative studies specifically dedicated to these matters. The fifth section maps out some areas which merit further research.


Author(s):  
Dhavan V. Shah ◽  
Lewis A. Friedland ◽  
Chris Wells ◽  
Young Mie Kim ◽  
Hernando Rojas

The year 2011 was defined by the intersection of politics and economics: the Wisconsin protests, the Occupy Movement, anti-austerity demonstrations, the Buffett Rule, and so on. These events drew attention to the role of politics in the erosion of labor power, the rise of inequality, and the excesses of overconsumption. Moving beyond periodic and dutiful action directed at an increasingly unresponsive government, citizens tested the boundaries of what we consider civic engagement by embracing personalized forms of “lifestyle politics” enacted in everyday life and often directed at the market. These issues are the focus of this volume, which we divide into four sections. The first section attempts both to situate consumption in politics as a contemporary phenomenon and to view it through a wider historical lens. The second section advances the notion of sustainable citizenship at the individual/group level and the societal/institutional level, and understands consumption as socially situated and structured. Extending this thinking, the third section explores various forms of conscious consumption and relates them to emerging modes of activism and engagement. The fourth section questions assumptions about the effectiveness of the citizen-consumer and the underlying value of political consumerism and conscious consumption. We conclude by distilling six core themes from this collection for future work.


2021 ◽  
Vol 10 (1) ◽  
pp. 73-102
Author(s):  
Paulina Konca

This paper presents the role of some intrinsic sources in legal interpretation. Some of linguistic aids follow from provisions of the law and other from the commonly accepted ruling practice or views expressed in literature. The position of those aids was verified through the analysis of case-law, literature, and provisions of law. The first section and second section focus on the priority of plain meaning rule and intrinsic sources in legal interpretation which is strongly emphasized in legal literature, case-law and the interpretative provisions of many countries. Next, it presents how certain linguistic tools work in case law practice, what problems they can cause and what problems they can solve. The third point addresses the use of dictionaries as tools of linguistic interpretation. The fourth section explores the role of selected interpretative canons often found in legal regulations and case law practice: ordinary meaning canon, gender/number canon, ejusdem generis canon, presumption of consistent usage and prefatory-materials canon. It is concluded that the priority of a linguistic interpretation is not absolute and can never be understood as its exclusivity. Linguistic tools are not in themselves determinants of correct meaning. In order to make a correct interpretation, it is necessary not to be guided, by indications labelled as objective, sometimes artificially imposed, but by the intention of the legislator, which such tools may discover and should only be used for that purpose. 


2016 ◽  
Vol 10 (2) ◽  
pp. 289
Author(s):  
Vladimir Ilić

The paper deals with the problems while planning the application of method of observation as the primary method for data collection. These include determining the objectives, theoretical and operational elaboration of the research plan and collection of initial evidence from other sources of data that can be used to successfully plan research mainly based on observation. In the first section of the paper it is pointed to the unjustified overemphasis of differences between participatory and non-participatory forms of observation in its planning. The second section shows the possibility of its application to other sources and methods of data collection when planning observations. Special attention is paid to the role of interview and sequential analysis. In the third section, the issues of preparing data analysis in the planning of observation are specifically discussed. The fourth section shows the specificity of the planning of observation, depending on the nature of the data. We also considered the concretization of the plan of observation, including the selection of size, location and time for performing monitoring and positioning one or more observers. The fifth section briefly points to some suggestions about training observers. The concluding section of the paper deals with planning during the observations, with emphasis on grounded theory.


Author(s):  
Samir Okasha

This article is organized into four sections. The first section gives a brief historical survey of the contributions made by biologists to the understanding of causality. The second section looks at the role of causal concepts in the theory of evolution. The third section discusses Mayr's distinction between proximate and ultimate causation, and the related issue of teleological explanation. The fourth section looks at causation in genetics, with special reference to the nature–nurture problem.


Author(s):  
Paul D. Williams

This chapter analyses the major developments during AMISOM’s first two years before the withdrawal of the Ethiopian troops from Mogadishu. The first section discusses the initial deployment challenges facing AMISOM and the problems presented by operating in Ethiopia’s shadow. The second section explains Burundi’s arrival as AMISOM’s second troop-contributing country, while the third analyses some of the ways in which AMISOM came to be seen by many local Somalis as a proxy force for nefarious foreign agendas. The fourth section then discusses the 2008 Djibouti peace process as the route by which Ethiopia managed to withdraw its forces. The fifth section discusses the opportunities and challenges presented by the withdrawal of Ethiopian forces in January 2009, while the final section examines what this meant for AMISOM being left alone to take on the leading role of protecting Somalia’s transitional government from al-Shabaab.


2020 ◽  
pp. 251-290
Author(s):  
Donald Bloxham

part 4 History, Identity, and the Present Part 4 considers the role of historical consciousness in shaping present-day identity. It is critical of prejudicial ‘Identity History’ while enjoining historians to embrace their roles in historical arguments pertaining to identity. The first section clarifies what falls outside the definition of ‘Identity History’, noting that much excellent scholarship pertains to identity and even serves identity goals without being prejudicial. The second section highlights where historians working on identity matters are likely to fall into conceptual difficulty. Is the relationship between past ‘them’ and present ‘us’ a matter of identity or difference or a bit of both? Identity History is inconsistent here, with different attitudes taken depending on whether that past behaviour was good or bad by present lights. There are consequences for the historian’s engagement with past rights and wrongs, harms and benefits, because claims on these matters constitute stakes in the identity game whose winner gets to decide what is desirable in the here and now. The third section develops such themes and distinguishes between more and less appropriate idioms for characterizing the relationship between contemporary polities and groups on one hand and the deeds of relevant ‘forebears’ on the other hand. It is a mistake to talk of contemporary guilt, or for that matter virtue, in light of what one’s predecessors did, but the language of shame or pride may be appropriate. The fourth section addresses the material legacies of past action, considering matters of compensation and redistribution. The concluding section returns to broader principles.


2019 ◽  
Vol 27 (1) ◽  
pp. 282-302 ◽  
Author(s):  
Marion Quirici

Abstract This chapter reviews three books published in 2018 centering on disability and resistance. It is organized into five sections. The first, ‘Resistance, Disability, and Democracy’, summarizes debates about the political obligations of disability studies, and outlines how disability justice is replacing the former emphasis on rights. The second section, ‘Academic Perspectives’, reviews the provocative collection Manifestos for the Future of Critical Disability Studies, volume 1, identifying areas of contention and raising questions about the field’s current direction. The third section, ‘Activist Perspectives’, reviews Alice Wong’s collection Resistance and Hope: Essays by Disabled People. The fourth section, ‘Beyond Identity’, reviews Robert McRuer’s Crip Times: Disability, Globalization, and Resistance. The concluding section, ‘An Abbreviated Manifesto’, asserts the vital role of disability justice in establishing alternatives to neoliberalism, resisting tyranny, and achieving democracy.


Sign in / Sign up

Export Citation Format

Share Document