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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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From Conflict to Regulation: The Transformative Function of Labour Law

From Conflict to Regulation: The Transformative Function of Labour Law

Chapter:
(p.344) 21 From Conflict to Regulation: The Transformative Function of Labour Law
Source:
The Idea of Labour Law
Author(s):

Julia López

Consuelo Chacartegui

César G Cantón

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199693610.003.0022

This chapter examines Labour Law from the standpoint of conflict and the right to strike, drawing inspiration from Georg Simmel who argued for the social significance of divergence and conflict. The chapter argues that in spite of a widespread recognition of the existence of conflict, it is uncommon to study Labour Law debates from the perspective of conflict and its forms. Conflict, including strikes, can be seen as part of the strategy that workers and employees use to improve labour and social conditions within democratic societies. The right to strike has a crucial place in the future of labour law, transforming societies, reducing injustice and pursuing equality. Labour law scholars should be aware of the salience of conflict, its potential for producing positive consequences, and the ways it is regulated as important points of reference in debates on the transformation of labour law.

Keywords:   strikes, protest, conflict, repression, suicides

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