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A purposive approach to labour law /
Guy Davidov.
First edition.
Oxford : Oxford University Press, 2016.
xi, 289 pages ; 24 cm.
More Details
Oxford : Oxford University Press, 2016.
contents note
1. Introduction -- Part I. The crisis of labour law -- Part II. A purposive approach -- Part III. The purpose of what? Framing the topic of discussion -- Part IV. The structure of the book -- I. Goals -- 2. Articulating labour law goals: why and how -- Part I. Why -- Part II. How -- Conclusion -- 3. The idea of labour law as addressing vulnerabilities or labour market 'Problems'-- Part I. Addressing concrete Vulnerabilities -- Part II. Addressing labour market problems -- 4. The values and interests advanced by labour law -- Part I. A review of labour law goals -- Part II. A critical assessment of recent trends -- 5. The goals of specific labour regulations: some examples -- Part I. The purpose of minimum wage legislation -- Part II. The purpose of collective bargaining legislation -- Part III. The purpose of unjust dismissal laws -- II. Means -- 6. The building blocks of labour law: employee and employer -- Part I. Employee vs independent contractor -- Part II. Dependent contractors -- Part III. Identifying the employer -- 7. Using open-ended standards of advance labour law's goals -- Part I. Rules vs standards -- Part II. Which standards? -- Part III. Good faith -- Part IV. The managerial prerogative -- Part V. Proportionality -- Part VI. Conclusions and possible critiques -- 8. Purposive interpretation of concrete rules : some examples -- Part I. Rights related to wages -- Part II. Rights related to dismissals -- Part III. Freedom of association rights -- 9. Addressing the compliance/enforcement crisis -- Part I. The enforcement crisis -- Part II. Improving compliance -- Part III. Improving enforcement -- Conclusion -- 10. Conclusion.
"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 for 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."--Publisher's website.
catalogue key
Includes biblographic references (pages 257-283) and index.

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