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Forty years ago Amartya Sen delivered his Tanner Lecture, 'Equality of What?', in which he introduced to the world a novel approach to the idea of equality by way of the notion of 'basic capability' as 'a morally relevant dimension'. We can now see with hindsight that Sen's argument - that we should focus upon equality of basic capabilities ('a person being able to do certain basic things') - launched what has become an academic armada now proceeding under the flag of 'the capability approach'. While that flag has ventured far and wide and engaged many area of inquiry, this volume of essays is the first to explore how the capability approach (the CA) might shed light upon labour law.Three dimensions of the CA's potential for illuminating labour law are examined. Part I enquires into the nature of the basic relationship between CA and labour law - do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.
This volume investigates how Amartya Sen’s capability approach can provide a normative foundation and analytical framework for the field of labour law. Edited by Brian Langille, the collection brings together various scholars to evaluate whether the focus on basic human capabilities aligns with or challenges existing legal and economic theories regarding employment, workplace rights, and social policy.
What You Will Find
Experts identify this collection as a foundational text for those seeking to bridge the gap between development economics and legal theory. Readers frequently note the academic density of the prose, which is intended for scholars and practitioners interested in the normative evolution of labour rights.
Page Count:
384
Publication Date:
2019-05-28
Publisher:
Oxford University Press
ISBN-10:
0198836082
ISBN-13:
9780198836087
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