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Bullying and Behavioural Conflict at WorkThe Duality of Individual Rights$
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Lizzie Barmes

Print publication date: 2015

Print ISBN-13: 9780199691371

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780199691371.001.0001

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(p.1) 1 Introduction
Bullying and Behavioural Conflict at Work

Lizzie Barmes

Oxford University Press

This chapter explains the starting point that recent proliferation in the UK of individual employment and equality rights has not provided working people with effective means to ameliorate their position and yet has legitimated existing power structures. This state of affairs evokes theorizing of law as innately dual, for example by Thompson and Crenshaw, and has created ideal conditions for exploration of the precise means by which law produces its contradictory effects. The primary research that the book relates used behavioural conflict at work as a case study, drawing methodological inspiration from old and new versions of Legal Realism to combine systematic analysis of higher court judgments with qualitative interviewing of senior managers and lawyers. The chapter summarizes the book’s findings, the wider theorizing of the relationship between law and working life that resulted, and consequent suggestions for change.

Keywords:   individual rights, work, individualism, individualization, duality, Legal Realism, empirical socio-legal, bullying, harassment

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