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Labour Law in an Era of GlobalizationTransformative Practices and Possibilities$
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Joanne Conaghan, Richard Michael Fischl, and Karl Klare

Print publication date: 2004

Print ISBN-13: 9780199271818

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780199271818.001.0001

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Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work

Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work

Chapter:
(p.488) (p.489) 25 Emancipation through Law or the Emasculation of Law? The Nation-State, the EU, and Gender Equality at Work
Source:
Labour Law in an Era of Globalization
Author(s):

Claire Kilpatrick

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199271818.003.0026

This chapter considers the potential role of transnational legal institutions in countering the diminished capacity of the nation-state to advance progressive legal reform. Focusing on the development of sex equality jurisprudence in European law, it considers the costs and benefits of legal strategies which entail transnational dialogue and ‘transplantation’ into alien legal and political cultures. Both ‘sides’ in the emasculation/emancipation debate are concerned with discussing the fate of the nation-state in a transformed European legal space, which creates new ‘geo-legal’ locations. The discussion here argues that much helpful light can be shed on each of these positions by setting them against each other in the specific context of gender equality. This can in turn assist us in mapping the new terrains of labour law in Europe.

Keywords:   EU policy, sex equality, European law, emasculation, emancipation, labour law

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