Jump to ContentJump to Main Navigation
The Capability Approach to Labour Law$
Users without a subscription are not able to see the full content.

Brian Langille

Print publication date: 2019

Print ISBN-13: 9780198836087

Published to Oxford Scholarship Online: May 2019

DOI: 10.1093/oso/9780198836087.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 18 October 2019

Is the Capability Theory an Adequate Normative Theory for Labour Law?

Is the Capability Theory an Adequate Normative Theory for Labour Law?

Chapter:
(p.82) 4 Is the Capability Theory an Adequate Normative Theory for Labour Law?
Source:
The Capability Approach to Labour Law
Author(s):

Riccardo Del Punta

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198836087.003.0005

The chapter argues how the capability approach, taken essentially as a normative theory, can contribute towards providing a new and updated foundation for labour law. The conditions on the basis of which a political theory may be relevant to labour law are first discussed, while acknowledging that a unique theory cannot provide a justification for all labour law but, rather, for specific laws. As regards the discipline’s classical core, which is aimed at compensating the inequality of power inherent to the employment relationship, that is, at reducing (although never eliminating) the level of the employer’s domination over the employee in Pettit’s perspective, it is argued that these norms can also be interpreted in terms of the capability theory, provided that the latter goes beyond its methodological individualism and deals with the dimension of power inside social relationships. However, the theoretical gains provided by this interpretation do not seem decisive. Instead, it is argued that the latest generation of labour laws has proposed new regulatory perspectives that can be seen as aimed at promoting the workers’ capabilities. Several examples are made with regard to European labour law, which are characterized by a new philosophy of protection that goes beyond a merely paternalistic approach and aims at enhancing the worker’s autonomy and responsibility. In conclusion, the chapter suggests that the capability view could give a remarkable contribution to the renewal of the fundamentally social-democratic background of labour law in a perspective of advanced social liberalism.

Keywords:   labour law, foundation, political theory, capability theory, domination-reducing norms, capability-enhancing norms, worker’s autonomy, social liberalism

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .