Labour Law: Limits and Potential

2020 ◽  
pp. 255-268
Author(s):  
Zoe Adams
Keyword(s):  
Social Ontology ◽  
Law Reform ◽  
Critical Study ◽  
Labour Law ◽  
Legal Form ◽  
Practical Implications

The purpose of this concluding chapter is twofold. It is, first, to situate the book in the wider literature and demonstrate the book’s contribution to the field, both its contribution to the critical study of labour law, and to the study of social ontology and legal form more generally; and second, to revisit the questions posed in Chapter 1, with a view to exploring the wider theoretical, methodological, and practical implications of the analysis. In this respect, it draws on previous chapters to demonstrate how the analysis in the book might be used to inform debates about labour law reform.

Legal Form

2020 ◽  
pp. 43-56
Author(s):  
Zoe Adams
Keyword(s):  
Capitalist Society ◽  
Labour Law ◽  
Legal Form ◽  
Fourth Section ◽  
The Third ◽  
The Relationship ◽  
Shed Light

The chapter builds on the analysis in Chapter 1 with a view to exploring the nature of law and its relationship with capitalist society in more detail. The previous chapter used an analysis of capitalism’s deep structures to explore the nature of law’s role(s) in capitalism, engaging with the various legal ‘functions’ that capitalism presupposes. The purpose of this chapter is to explore the implications of this understanding of law’s role (or function) when it comes to understanding law’s form. The first section begins by developing a theory of the legal form by engaging with the work of Evgeny Pashukanis. The second section teases out the implications of this analysis for our understanding of the relationship between the legal form and capitalism’s contradictions. The third section draws on this analysis to shed light on the relationship between legal form and content. The fourth section makes some tentative conclusions about the implications of this analysis for our understanding of labour law.

The Egyptian revolution in and out of the juridical space: an inquiry into labour law and the workers' movement in Egypt

2014 ◽  
Vol 10 (2) ◽  
pp. 177-194 ◽  
Author(s):  
Mai Taha
Keyword(s):  
Political Party ◽  
Law Reform ◽  
Labour Law ◽  
Egyptian Revolution ◽  
Legal Form ◽  
Single Issue ◽  
Labour Movement ◽  
Political Role ◽  
Unique Approach

AbstractSince the spark of the Egyptian revolution in January 2011, issues of political party law reform, constitutional declarations, and the institution of free and fair elections have taken the lead in mainstream politics, and at times, relegated the role of organised labour to mere economistic agitation and disruption of an already ‘disrupted’ life, in the eyes of the Egyptian public. In contrast to mainstream depiction of the labour movement as a ‘single issue’ movement, this paper shows the decisive political role of labour struggles that took place both inside and outside the judicial and legal systems, in the years leading up to the events of 25 January. This paper identifies the diversity of tactics used by the labour movement, and its unique approach to legality – a defensive legality approach, where legality and illegality are both taken seriously as legitimate tactics of resistance. The defensive legality approach recognises the violence and coerciveness of the legal form, as well as the tactical potential of recourse to the legal system to defend the labour movement. The experience of Egyptian workers in the wake of the 25 January revolution reveals the politics and the limits of law, as well as the significance of tactically and defensively using the law.

Make in India and Labour Reforms

2019 ◽  
Vol 11 (02) ◽  
Author(s):  
Monika Srivastava
Keyword(s):  
Human Resource ◽  
State Government ◽  
Manufacturing Sector ◽  
Law Reform ◽  
Political Agenda ◽  
The Political ◽  
State Governments ◽  
Labour Law ◽  
Employment Generation ◽  
Forced Labour

India is a labour surplus country with 47 million unemployed below the age of 24 years and 12-13 million youths joining the labour market every year. To avoid the growing unemployment, India strongly needs labour intensive and labour friendly industries. Labour being in the concurrent list of the constitution, both central and state government legislate on it. But the State Governments have limited space to enact labour laws to address their own requirements-promoting investment and employment generation. Labour law reform is currently on the political agenda in India, particularly in the wake of the election of the new Modijee led government at the centre. The first set of initiatives, announced in October 2014, were the “unified labour and industrial portal” and “labour inspection scheme”. Our constitution has many articles directed toward their interests for eg. Article 23 forbids forced labour, 24 forbids child labour (in factories, mines and other hazardous occupations) below age of 14 years. Further, Article 43A was inserted by 42nd amendment – directing state to take steps to ensure worker’s participation in management of industries. (Gandhi ji said that employers are trustees of interests of workers and they must ensure their welfare.) India is expected to generate 51 million jobs till 2019, it is imperative to streamline all laws, to facilitate manufacturing sector in India so as economy could absorb new human resource inflow.

1. Introduction

2021 ◽  
pp. 1-26
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Direct Evidence ◽  
Circumstantial Evidence ◽  
Law Reform ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Basic Concepts ◽  
The Law ◽  
Law Of Evidence

Chapter 1 examines a number of basic concepts and distinctions in the law of evidence. It covers facts in issue and collateral facts; relevance, admissibility, and weight; direct evidence and circumstantial evidence; testimonial evidence and real evidence; the allocation of responsibility; exclusionary rules and exclusionary discretions; free(r) proof; issues in criminal evidence; civil evidence and criminal evidence; the implications of trial by jury; summary trials; law reform; and the implications of the Human Rights Act 1998. This chapter also presents an overview of the subsequent chapters.

Debt Crises, Economic Adjustment, and Labour Standards

2018 ◽  
pp. 284-302 ◽  
Author(s):  
Juan Pablo Bohoslavsky ◽  
Franz Christian Ebert
Keyword(s):  
Financial Institutions ◽  
Economic Effects ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Financial Institutions ◽  
Labour Law ◽  
Economic Adjustment ◽  
Labour Standards ◽  
The One ◽  
Practical Implications

This chapter examines the relation between economic adjustments, on the one hand, and labour standards, on the other. Section I reviews how labour standard issues have been addressed in different economic adjustment programmes, often initiated at the behest of international financial institutions, or the institutions of what was formerly known as the ‘Troika’. Subsequently, Section II analyses the legal and practical implications thereof. It explains how several labour law reforms required by international financial institutions in the context of economic adjustment have, on a number of occasions, driven countries into violations of international human rights law and international labour law in particular. Section III goes on to examine the economic case of deregulatory labour law reforms in the context of economic adjustment. It shows that the empirical evidence for negative economic effects of labour law in general and in the context of financial and economic crises in particular is at best highly controversial and cannot justify the highly problematic social effects and breaches of international law these reforms have often entailed.

Labour Law from an Ontological Perspective

2020 ◽  
pp. 1-20
Author(s):  
Zoe Adams
Keyword(s):  
Social Ontology ◽  
Labour Law ◽  
The Law ◽  
And Function

This introductory chapter explains the motivation behind the book. It argues that it is unhelpful to talk about what labour law should be doing, and how, without a deeper understanding both of what law is, its ontology, and the nature of the society to which it is specific. The chapter introduces key themes and ideas, and outlines, briefly, the chapters to follow. It introduces the reader to social ontology, and the particular approach to social ontology inspiring the book. It contrasts two competing conceptions of the law–market and law–society relationship, and explains how these conceptions influence assumptions about the nature, and function, of labour law, and of the concept of the wage.

1. Introduction

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Direct Evidence ◽  
Circumstantial Evidence ◽  
Law Reform ◽  
Human Rights Act ◽  
Human Rights Act 1998 ◽  
Basic Concepts ◽  
The Law ◽  
Law Of Evidence

Chapter 1 examines a number of basic concepts and distinctions in the law of evidence. It covers facts in issue and collateral facts; relevance, admissibility, and weight; direct evidence and circumstantial evidence; testimonial evidence and real evidence; the allocation of responsibility; exclusionary rules and exclusionary discretions; free(r) proof; issues in criminal evidence; civil evidence and criminal evidence; the implications of trial by jury; summary trials; law reform; and the implications of the Human Rights Act 1998. This chapter also presents an overview of the subsequent chapters.

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