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Title Vulnerability and the legal organization of work / edited by Martha Albertson Fineman and Jonathan W. Fineman
Edition First edition
Published London : Taylor and Francis, 2017

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Description 1 online resource : text file, PDF
Series Gender in law, culture, and society
Gender in law, culture, and society.
Contents Cover; Title; Copyright; CONTENTS; List of figures and tables; Introducing Vulnerability; PART I Law and vulnerability; 1 A vulnerability approach to private ordering of employment; 2 Green shoots in the labor market: a cornucopia of social experiments; 3 The constitutional right to organize; 4 Labor rights as natural rights; PART II Work and social welfare; 5 Paid care work, gendered labor law and the vulnerability of community; 6 Vulnerability, workfare law and resilient social justice; 7 Contract as public law: the public nature of collective bargaining agreements
8 Acknowledging but transcending gender at work: applying the model of lifetime disadvantage and vulnerability theory to women's poverty in retirement9 Laboring freedom: neoliberalism, the jurisprudence of Obamacare, and the welfare state left; PART III Marginalized workers; 10 A desired composition: regulating vulnerability through immigration law; 11 The wages of human trafficking; 12 Migrant domestic workers in the UK: enacting exclusions, exemptions and rights; 13 Bad jobs and good workers: the hiring of ex-prisoners in a segmented economy
14 We are all contingent: fighting vulnerability in the US workforcePART IV Limits of law; 15 Equal by what measure? The lost struggle for universal state protective labor standards; 16 Improving job quality for low-wage women workers: a 21st century movement; 17 A right to request flexible working: what can the UK teach us?; 18 Vulnerable communities: proposing Community Syndicalism for distressed localities; Combined bibliography; Index
Summary "This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments."--Provided by publisher
Subject Labor laws and legislation.
Industrial relations.
Collective labor agreements.
Labor unions -- Law and legislation.
Migrant labor -- Legal status, laws, etc
Discrimination in employment -- Law and legislation.
People with social disabilities -- Employment -- Law and legislation
industrial relations.
Migrant labor -- Legal status, laws, etc.
Labor unions -- Law and legislation
Industrial relations
Discrimination in employment -- Law and legislation
Collective labor agreements
Labor laws and legislation
Form Electronic book
Author Fineman, Martha, editor.
Fineman, Jonathan W., editor.
ISBN 9781315518572
1315518570
9781315518565
1315518562