
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.
Can a jurisprudential method rooted in Latin American labor protection principles provide a coherent framework for modern United States labor law? Authors César F. Rosado Marzán and Sergio Gamonal C. utilize their expertise in comparative labor law to introduce 'Principled Labor Law,' a methodology that prioritizes worker protection over market-centric regulation. By examining the historical and constitutional foundations of U.S. labor statutes, the authors argue that a shift toward this protective framework offers a more consistent approach to addressing the challenges of the gig economy and precarious employment.
What You Will Find
Scope Limits
Legal scholars and labor experts recognize this work as a significant contribution to comparative jurisprudence, particularly for its effort to bridge the gap between Latin American legal theory and U.S. labor practice. Readers frequently note the academic density of the prose, which is intended for an audience of legal professionals, academics, and policy researchers.
Page Count:
208
Publication Date:
2019-01-01
Publisher:
Oxford University Press
ISBN-10:
0190052678
ISBN-13:
9780190052676
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