Peter Cane

in The Oxford Handbook of Legal Studies

Published in print June 2005 | ISBN: 9780199248179
Published online September 2012 | | DOI:

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This article explores the past and future of scholarship in labour law. It is organized as follows. Section 2 addresses the formation and regulation of individual employment contracts, but its primary concern is the law that enables or disables the transformation of the individual contract into collective bargaining. After the 1960s, the dominant frameworks' treatment of collective and individual labour relations faced four sources of disruption: chronic failures in the implementation of existing statutes (Section 3); legislative enactments that cut against or fall outside the scholarly consensus (Section 4); growing disjunctures between existing labour-law regimes and fast-changing political economy (Section 5); and insurgent intellectual movements (Section 6). Section 7 describes two concepts that increasingly animate legal scholarship — pragmatism and reflexivity.

Keywords: labour law; legal scholarship; employment contracts; collective bargaining; labour relations; pragmatism; reflexivity

Article.  12521 words. 

Subjects: Law ; Employment and Labour Law

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