Vulnerability And The Legal Organization Of Work
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Vulnerability And The Legal Organization Of Work
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Author : Martha Albertson Fineman
language : en
Publisher: Routledge
Release Date : 2017-07-06
Vulnerability And The Legal Organization Of Work written by Martha Albertson Fineman and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-06 with Business & Economics categories.
This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.
Law Vulnerability And The Responsive State
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Author : Martha Albertson Fineman
language : en
Publisher: Taylor & Francis
Release Date : 2023-10-09
Law Vulnerability And The Responsive State written by Martha Albertson Fineman and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-09 with Social Science categories.
This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom. Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual. This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.
Law Precarious Labour And Posted Workers
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Author : Marta Lasek-Markey
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-05
Law Precarious Labour And Posted Workers written by Marta Lasek-Markey and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-05 with Law categories.
This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration.
Embracing Vulnerability
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Author : Daniel Bedford
language : en
Publisher: Routledge
Release Date : 2020-02-13
Embracing Vulnerability written by Daniel Bedford and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-13 with Law categories.
This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative and a source of connection and development. The book is structured into five sections that cover fields of law where there is already significant recourse to the concept of vulnerability. These sections include a main chapter by a legal theorist who has previously examined the creative potential of vulnerability and responses from scholars working in the same field. This is designed to draw out some of the central debates concerning how vulnerability is conceptualised in law. Several contributors highlight the need to re-focus on some of these more positive aspects of vulnerability to counter the way law is being used enable persons to escape the stigma associated with vulnerability by concealing that condition. They seek to explore how law might embrace vulnerability, rather than conceal it. The book also includes contributions that seek to bring vulnerability into a non-binary relationship with other core legal concepts, such as autonomy and dignity. Rather than discarding these legal concepts in favour of vulnerability, these contributions highlight how vulnerability can be entwined with relational autonomy and embodied dignity. This book is essential reading for both students studying legal theory and practitioners interested in vulnerability.
Precarious Work
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Author : Jeff Kenner
language : en
Publisher: Edward Elgar Publishing
Release Date : 2019
Precarious Work written by Jeff Kenner and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019 with Law categories.
This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.
A History Of Regulating Working Families
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Author : Nicole Busby
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-08-06
A History Of Regulating Working Families written by Nicole Busby and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-06 with Law categories.
Families in market economies have long been confronted by the demands of participating in paid work and providing care. Across Europe the social, economic and political environment within which families do so has been subject to substantial change in the post-World War II era and governments have come under increasing pressure to engage with this important area of public policy. In the UK, as elsewhere, the tensions which lie at the heart of the paid work/unpaid care conflict remain unresolved posing substantial difficulties for all of law's subjects both as carers and as the recipients of care. What seems like a relatively simple goal – to enable families to better balance care-giving and paid employment – has been subject to and shaped by shifting priorities over time leading to a variety of often conflicting policy approaches. This book critiques how working families in the UK have been subject to regulation. It has two aims: · To chart the development of the UK's law and policy framework by focusing on the post-war era and the growth and decline of the welfare state, considering a longer historical trajectory where appropriate. · To suggest an alternative policy approach based on Martha Fineman's vulnerability theory in which the vulnerable subject replaces the liberal subject as the focus of legal intervention. This reorientation enables a more inclusive and cohesive policy approach and has great potential to contribute to the reconciliation of the unresolved conflict between paid work and care-giving.
Ecological Vulnerability
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Author : Katie Woolaston
language : en
Publisher: Cambridge University Press
Release Date : 2022-06-23
Ecological Vulnerability written by Katie Woolaston and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-23 with Law categories.
Humans are responsible for biodiversity loss in many related and sometimes conflicting ways. Human-wildlife conflict, commonly defined as any negative interaction between people and wildlife, is a primary contributor to wildlife extinction and a manifestation of the destructive relationship that people have with wildlife. The author presents this 'wicked' problem in a social and legal context and demonstrates that legal institutions structurally deny human-wildlife conflict, while exacerbating conflict, promoting values consistent with individual autonomy, and ignoring the interconnected vulnerabilities shared by human and non-human species alike. It is the use of international and state law that sheds light on existing conflicts, including dingo conflict on K'Gari-Fraser Island in Australia, elephant conflict in Northern Botswana, and the global wildlife trade contributing to COVID-19. This book presents a critical analysis of human-wildlife conflict and its governance, to guide lawyers, scientists and conservations alike in the transformation of the management of human-wildlife conflict.
Bridging The Gender Pay Gap Through Transparency
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Author : Sara Benedí Lahuerta
language : en
Publisher: Edward Elgar Publishing
Release Date : 2024-12-09
Bridging The Gender Pay Gap Through Transparency written by Sara Benedí Lahuerta and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-09 with Law categories.
This timely book evaluates the advantages and challenges of adopting pay transparency legislation (PTL) to address the ongoing issues of the gender pay gap. Chapters contextually examine whether PTL can help reduce the gender pay gap and discuss which factors should be considered to potentially boost the effects of this legal intervention.
A Jurisprudence Of The Body
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Author : Chris Dietz
language : en
Publisher: Springer Nature
Release Date : 2020-08-05
A Jurisprudence Of The Body written by Chris Dietz and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-08-05 with Social Science categories.
This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of ‘normality’ and ‘fixing’. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
The Evolution Of The Gender Pay Gap
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Author : Frances Hamilton
language : en
Publisher: Taylor & Francis
Release Date : 2023-11-10
The Evolution Of The Gender Pay Gap written by Frances Hamilton and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-10 with Law categories.
Through interdisciplinary research, this book explores the continued cause of the significant gender pay gap that still exists in many countries today. This gap persists despite a wide range of measures having been introduced to protect women at work. Internationally varied approaches which have been attempted include prohibiting discrimination, maternity leave, maternity pay, health and safety protections for pregnant workers, tax breaks, childcare vouchers, shared parental leave, and gender pay gap reporting. This volume makes a significant and original contribution by tackling the topic through fresh historical and activist approaches, specific consideration of certain professions, and topical issues, such as the gig economy, treatment of carers post-coronavirus, and developing approaches to prosecuting pay equity claims. Our comparative approach interrogates how countries studied in this volume have had varying approaches and differing success in tackling this pervasive issue of the gender pay gap. Lessons to learn regarding policy reform are included in chapters from authors based not only in the UK but also in the United States, Australia, and the Republic of Ireland and fully developed in the conclusion.