Facing the Limits of the Law

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Publisher : Springer Science & Business Media
ISBN 13 : 3540798560
Total Pages : 540 pages
Book Rating : 4.5/5 (47 download)

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Book Synopsis Facing the Limits of the Law by : Erik Claes

Download or read book Facing the Limits of the Law written by Erik Claes and published by Springer Science & Business Media. This book was released on 2009-04-21 with total page 540 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many legal experts no longer share an unbounded trust in the potential of law to govern society efficiently and responsibly. They often experience the 'limits of the law', as they are confronted with striking inadequacies in their legal toolbox, with inner inconsistencies of the law, with problems of enforcement and obedience, and with undesired side-effects, and so on. The contributors to this book engage in the challenging task of making sense of this experience. Against the background of broader cultural transformations (such as globalisation, new technologies, individualism and cultural diversity), they revisit a wide range of areas of the law and map different types of limits in relation to some basic functions and characteristics of the law. Additionally, they offer a set of strategies to manage justifiably law's limits, such as dedramatising law's limits, conceptual refinement ('constructivism'), striking the right balance between different functions of the law, seeking for complementarity between law and other social practices.

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Author :
Publisher : Editions Bréal
ISBN 13 : 2749523117
Total Pages : 291 pages
Book Rating : 4.7/5 (495 download)

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Book Synopsis by :

Download or read book written by and published by Editions Bréal. This book was released on with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Collective Bargaining in Labour Law Regimes

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Publisher : Springer Nature
ISBN 13 : 3030169774
Total Pages : 619 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Collective Bargaining in Labour Law Regimes by : Ulla Liukkunen

Download or read book Collective Bargaining in Labour Law Regimes written by Ulla Liukkunen and published by Springer Nature. This book was released on 2019-10-02 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.

Belgian Industrial Relations Law

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Publisher : Intersentia nv
ISBN 13 : 9050954871
Total Pages : 161 pages
Book Rating : 4.0/5 (59 download)

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Book Synopsis Belgian Industrial Relations Law by : Patrick Humblet

Download or read book Belgian Industrial Relations Law written by Patrick Humblet and published by Intersentia nv. This book was released on 2005 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gives an overall picture of the industrial relations in Belgium.

Labour

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Publisher : Springer
ISBN 13 : 113737361X
Total Pages : 234 pages
Book Rating : 4.1/5 (373 download)

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Book Synopsis Labour by : Jean Vercherand

Download or read book Labour written by Jean Vercherand and published by Springer. This book was released on 2014-06-25 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour: A Heterodox Approach provides a theoretical reconstruction of the labour and job market by examining it in a rich historical context. It explores the fundamental implications of the theories of consumption and growth and aims at solving the difficulties raised by the dominant economic theories (neoclassical, Keynesian, supply side) by taking into account the dimension of the historical conflict of the labour market and the public intervention that results from it, such as the construction of a specific legal framework that is to say, labour law. The work focuses on providing a description of conflict and intervention, the market's leading characteristics, and demonstrates that they can be interpreted by introducing two major remedial hypotheses in economic fundamentals. It also contributes to solving several theoretical controversies and highlights the two main perspectives on the economic regulation of the labour market.

The Public Law/Private Law Divide

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847310591
Total Pages : 269 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Public Law/Private Law Divide by : Mark R Freedland

Download or read book The Public Law/Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".

Canadiana

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Publisher :
ISBN 13 :
Total Pages : 942 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Canadiana by :

Download or read book Canadiana written by and published by . This book was released on 1990 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Labour Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189386
Total Pages : 404 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Labour Law by : Jean-Michel Servais

Download or read book International Labour Law written by Jean-Michel Servais and published by Kluwer Law International B.V.. This book was released on 2017-04-24 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: • the relationship between international labour law and economic competition • standards on industrial relations • collective bargaining and dispute settlement procedures • protection of trade unions • prohibitions on enforced and child labour • promotion of equal opportunity and treatment • time and rest provisions • wage determination and protection • occupational health and safety provisions • special issues on non-standard forms of employment • foreign and migrant workers • social security provisions • privacy protection The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book's combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers ́ organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This fifth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.

French Industrial Relations in the New World Economy

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Publisher : Routledge
ISBN 13 : 113420521X
Total Pages : 236 pages
Book Rating : 4.1/5 (342 download)

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Book Synopsis French Industrial Relations in the New World Economy by : Nick Parsons

Download or read book French Industrial Relations in the New World Economy written by Nick Parsons and published by Routledge. This book was released on 2007-05-07 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the traditionally predominant role of the state in shaping employment patterns and social policy in France, French Industrial Relations in the New World Economy analyzes the impact of globalization on French industrial relations. Looking at the changing economic context of industrial relations, this important text places particular emphasis on the notion of a shift from a national, Fordist form of employment regulation, to an international, post-Fordist form - examining in detail the impact of this shift on the role of the French state and on the balance of power between employer and trade union organizations. Including chapters on employer organizations, collective bargaining, the role of the state, and workplace representation, French Industrial Relations in the New World Economy explores this fascinating topic in detail and provides a detailed resource for postgraduates studying trade unions, industrial and employee relations, and industrial studies in general.

Homo Juridicus

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Publisher : Verso Books
ISBN 13 : 1786630621
Total Pages : 372 pages
Book Rating : 4.7/5 (866 download)

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Book Synopsis Homo Juridicus by : Alain Supiot

Download or read book Homo Juridicus written by Alain Supiot and published by Verso Books. This book was released on 2017-04-25 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: A provocative investigation of how law shapes everyday life In this groundbreaking work, French legal scholar Alain Supiot examines the relationship of society to legal discourse. He argues that the law is how justice is implmented in secular society, but it is not simply a technique to be manipulated at will: it is also an expression of the core beliefs of the West. We must recognize its universalizing, dogmatic nature and become receptive to other interpretations from non-Western cultures to help us avoid the clash of civilizations. In Homo Juridicus, Supiot deconstructs the illusion of a world that has become “flat” and undifferentiated, regulated only by supposed “laws” of science and the economy, and peopled by contract-makers driven only by the calculation of their individual interests. Such a liberal perspective is nothing but the flipside of the notion of the withering away of law and the state, promoted this time not under the banner of the struggle between classes, but rather in the name of the free competition between sovereign individuals. Supiot’s exploration of the development of the legal subject—the individual as formed through a dense web of contracts and laws—is set to become a classic work of social theory.

Ibss: Sociology: 1998

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Publisher : Psychology Press
ISBN 13 : 9780415221078
Total Pages : 692 pages
Book Rating : 4.2/5 (21 download)

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Book Synopsis Ibss: Sociology: 1998 by : Complied by the British Library of Political and Social Science

Download or read book Ibss: Sociology: 1998 written by Complied by the British Library of Political and Social Science and published by Psychology Press. This book was released on 1999-12-16 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: Renowned for its international coverage and rigorous selection procedures, this series provides the most comprehensive and scholarly bibliographic service available in the social sciences. Arranged by topic and indexed by author, subject and place-name, each bibliography lists and annotates the most important works published in its field during the year of 1997, including hard-to-locate journal articles. Each volume also includes a complete list of the periodicals consulted.

The Oxford Handbook of Comparative Law

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Publisher : Oxford University Press
ISBN 13 : 0192565516
Total Pages : 1425 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of Comparative Law by : Mathias Reimann

Download or read book The Oxford Handbook of Comparative Law written by Mathias Reimann and published by Oxford University Press. This book was released on 2019-03-26 with total page 1425 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982

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Publisher : Springer Science & Business Media
ISBN 13 : 9401744432
Total Pages : 445 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982 by : H. D'Oliveira

Download or read book Netherlands Reports to the XIth International Congress of Comparative Law Caracas 1982 written by H. D'Oliveira and published by Springer Science & Business Media. This book was released on 2013-11-11 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: Last year I addressed the Netherlands Comparative Law Asso ciation with the following question: 'Does Comparative Law Exist At All?' (My intention then was to flog the dead (?) horse of the merger of comparative law and the sociology of law. ) In presenting this voluminous collection of Netherlands national reports to the eleventh congress of the Internatio nal Academy of Comparative Law I feel my misgivings giving way to the suspicion, that comparative law indeed exists. Of course national reports do not, as such, prove the exist ence of comparative law. It is the general reports together with the national reports, which embody the comparative effort. That is why the Netherlands Comparative Law Associa tion took the initiative to propose the publishing of the materials on a subject to subject basis instead of publish ing collections of national reports. From a comparative legal point of view, it is the topic that should form the basis of the publication, and not the origin of the materials. The general reporter for each topic should be prepared to take up the responsabilities of editing the volume, and would have to be given the right to select those national reports which he considers to be useful both in regard to their quality and the relevance of the material to the basic problems in the questionnaire. This proposal met with very favourable comments from the na tional committees and general reporters of some fifteen coun tries.

Concilier flexibilité du travail et cohésion sociale

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Publisher : Council of Europe
ISBN 13 : 9789287158130
Total Pages : 532 pages
Book Rating : 4.1/5 (581 download)

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Book Synopsis Concilier flexibilité du travail et cohésion sociale by : Council of Europe

Download or read book Concilier flexibilité du travail et cohésion sociale written by Council of Europe and published by Council of Europe. This book was released on 2005-01-01 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce volume bilingue pose la question des effets des réformes institutionnelles et organisationnelles du marché du travail sur la cohésion sociale. Dans cet ouvrage, le Conseil de l'Europe recherche la conciliation entre ce qui est inévitablement imposé par la mondialisation, c'est-à-dire la réorganisation des paramètres de la concurrence, et la cohésion sociale. La conciliation doit prendre en compte une valeur politique essentielle, la sécurité démocratique, qui se trouve d'abord dans l'emploi : le coût social et sociétal élevé de la précarité le confirme. Néanmoins, sécurité ne signifie pas rigidité et doit se traduire plutôt par la reconnaissance sociale d'un "droit à la transition" qui appelle à la coresponsabilité de tous les acteurs sociaux. La conciliation est plus qu'un devoir politique : elle est le prix de la stabilité qui assure la durabilité sociale.

Industrial Relations in International Perspective

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Publisher : Springer
ISBN 13 : 1349044423
Total Pages : 434 pages
Book Rating : 4.3/5 (49 download)

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Book Synopsis Industrial Relations in International Perspective by : Peter B Doeringer

Download or read book Industrial Relations in International Perspective written by Peter B Doeringer and published by Springer. This book was released on 1981-07-30 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Social Europe

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Publisher :
ISBN 13 :
Total Pages : 644 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis Social Europe by :

Download or read book Social Europe written by and published by . This book was released on 1996 with total page 644 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Collective Agreements and Individual Contracts of Employment

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041121900
Total Pages : 272 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Collective Agreements and Individual Contracts of Employment by : Micha? Sewery?ski

Download or read book Collective Agreements and Individual Contracts of Employment written by Micha? Sewery?ski and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: While it can be said that the use of collective labour agreements has greatly expanded during the last decade, it is hard to deny that their power to protect employees has diminished considerably and continues to weaken. An understanding of the factors that have contributed to this fundamental change in economic and social conditions is of crucial significance if we are to preserve an equitable balance in the employer-employee relationship. The eleven papers reprinted here were originally presented at the 16th Congress of the International Academy of Comparative Law, held in Brisbane in July 2002. Each paper is organized around the following considerations for the particular country in question: factors determining the role of collective agreements; factors determining the regulatory power of collective agreements toward the employment contract; factors limiting the regulatory power of collective agreements; degree of fredom of the parties to shape the employment contract; and future prospects for collective agreements as a means of regulating the employment contract. Underlying issues of decentralization, minimum standards, decreasing unionization, unemployment, and the growing individualization of the employment contract are addressed by all the authors. The countries covered are Australia, Belgium, Canada (Quebec), Greece, Italy, Japan, The Netherlands, Poland, South Africa and Switzerland.