By Guy Davidov, Brian Langille
Hard work legislations has consistently been preoccupied with obstacles. you'll both be an 'employee' or no longer, an 'employer' or now not, and the reply dictates who comes in the scope of work legislations, for higher or worse. yet such divisions have constantly been tough, and lately their shortcomings became ever extra stated. The proliferation of latest paintings preparations and heightened worldwide festival has uncovered a world-wide obstacle within the law of labor. it truly is accordingly well timed to re-assess the assumption of work legislations, and the options, specifically, the age-old differences which are used to delimit the sphere. This number of essays, through top specialists from worldwide, explores the frontiers of our figuring out of work legislations itself.
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Extra info for Boundaries And Frontiers of Labour Law: Goals And Means in the Regulation of Work
It is not even simply that any entrenched understanding will favour some over others and that change will come at a cost to those whose investments and expertise will be threatened by any reconsideration. Important as all of these points are, our problem with rethinking our familiar terrain is a deeper problem than all of that. Let me try to explain this deeper point as follows. 2 The image here is important to grasp—a fly inside a bottle. A fly inside a bottle keeps bumping up against the glass barrier.
Our contributors—coming from different continents, from diverse legal systems, from developed as well as developing economies—have all described and considered very similar problems. These issues, therefore, quite clearly invite comparative analyses and a consideration of possible international responses. This task is undertaken in the next part by two ILO specialists, Enrique Marín and Jean-Claude Javillier. Goals and Means of Work Regulation 9 Marin draws on extensive comparative work done at the ILO to describe the employment relationship’s ‘lack of focus’, as well as recent attempts that have been made in different countries to ‘re-focus’ it.
I The Very Idea of Labour Law 2 Labour Law’s Back Pages BRIAN LANGILLE* For Sinzheimer labour law was ‘the guardian of human beings in an age of unconstrained materialism’. His vision of labour law was as a force to counteract inequality. Sir Bob Hepple, Sinzheimer Lecture (2002). Equality, I spoke the word as if a wedding vow, Ah, but I was so much older then, I’m younger than that now. Bob Dylan, ‘My Back Pages’ (1964). The difficulty lies not in the new ideas, but in escaping from the old ones, which ramify, for those brought up as most of us have been, into every corner of our minds.