Setting Labour Law’s Coverage: Between Universalism and Selectivity.
The question of who is (and who should be) covered by labour law is highly contested and often debated. This article addresses several problems related to the coverage question, and employs some novel concepts as an aid to better understand and analyse these problems. It begins by explaining the dif...
| Publicado en: | Oxford Journal of Legal Studies Vol. 34; no. 3; pp. 543 - 567 |
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| Formato: | Artículo |
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Oxford University Press / USA
Autumn2014
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=hlh&AN=97825382&site=ehost-live header: @attributes: shortDbName: hlh uiTerm: 97825382 longDbName: Humanities International Complete uiTag: AN controlInfo: bkinfo: jinfo: jid: 01436503 BJ4 jtl: Oxford Journal of Legal Studies issn: 01436503 maglogo: N pubinfo: dt: Autumn2014 vid: 34 iid: 3 pid: 622 pub: Oxford University Press / USA artinfo: ui: 97825382 10.1093/ojls/gqu003 ppf: 543 ppct: 24 formats: fmt: @attributes: type: P size: 183KB tig: atl: Setting Labour Law’s Coverage: Between Universalism and Selectivity. aug: au: Davidov, Guy su: Labor laws Universalism (Political science) Statutory interpretation Workers' rights Welfare state Government policy United Kingdom sug: subj: United Kingdom Labor laws Universalism (Political science) Statutory interpretation Workers' rights Welfare state Government policy keyword: employment law labour law legal coverage selectivity universalism ab: The question of who is (and who should be) covered by labour law is highly contested and often debated. This article addresses several problems related to the coverage question, and employs some novel concepts as an aid to better understand and analyse these problems. It begins by explaining the different aspects of labour law coverage and how all the branches of government are involved in setting it. It is then argued that we are currently facing a major coverage crisis in labour law. The concepts of universalism and selectivity, long used in the welfare state literature to describe possible methods for the delivery of benefits in terms of their coverage, are introduced and adapted to the labour law context. The article then proceeds to make several arguments by using this new framework. Firstly, a descriptive-historical argument: during the 20th century there was a development from selectivity to universalism in labour law, and then back to selectivity of a different kind (regressive). Secondly, a normative argument: a balance must be struck between universalism and selectivity. Several proposals are offered to assist in achieving a better balance compared to the current situation in many countries. Finally, a critical argument: some proposals to ‘expand’ labour law beyond the confines of the employment relationship are considered, showing the dangers of extreme universalism. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: Y custom: © 2019 Oxford University Press. item: Oxford Journal of Legal Studies holder: Oxford University Press / USA dt: @attributes: year: 2014 holdings: @attributes: islocal: N |
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