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The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
This book investigates whether the Latin American legal methodology of principled labor law can provide a more consistent, protective framework for interpreting United States labor statutes. The authors, César F. Rosado Marzán and Sergio Gamonal C., draw upon their expertise in comparative labor law to bridge the gap between Latin American jurisprudential traditions and the current challenges facing the U.S. workforce. They argue that by shifting the focus toward explicit worker protection, U.S. courts and scholars can better address the complexities of the gig economy and precarious employment. The text presents a systematic application of this methodology to foundational American legal instruments to demonstrate its practical utility.
What You Will Find
Scope Limits
Legal scholars and labor law practitioners identify this work as a significant contribution to comparative legal studies. Experts frequently note that the book provides a clear, structured alternative to traditional U.S. legal analysis by introducing a distinct, protective jurisprudential lens.
Page Count:
200
Publication Date:
2019-01-01
Publisher:
Oxford University Press
ISBN-10:
0190052686
ISBN-13:
9780190052683
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