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The Idea of Labour Law$
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Guy Davidov and Brian Langille

Print publication date: 2011

Print ISBN-13: 9780199693610

Published to Oxford Scholarship Online: September 2011

DOI: 10.1093/acprof:oso/9780199693610.001.0001

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The Impossibility of Work Law

The Impossibility of Work Law

Chapter:
(p.234) 15 The Impossibility of Work Law
Source:
The Idea of Labour Law
Author(s):

Noah Zatz

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199693610.003.0016

Labour law faces an impossible dilemma. Attempts to expand beyond employment but still remain within ‘the labour market’ are doomed to failure. Examples from families and prisons illustrate how productive work can be organized through diverse social institutions and often migrates among them. Nonmarket work cannot be walled off from labour law without undermining its normative coherence and practical efficacy. Neither can labour law apply uniformly to all forms of work. Work is never just work but always woven into specific, varied relationships. Labour law necessarily regulates those relationships and so must respond to this contextual variation. Purchase on this dilemma might be gained by studying how law ‘channels’ work into specific institutional forms, something done not only by traditional labour regulation but also by antidisplacement rules and y labour-process limitations on product competition. At stake throughout is whether work provides access to social citizenship, or vice versa.

Keywords:   nonmarket work, employment, family labour, prison labour, displacement, channeling, citizenship

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