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Product Details

ISBN-13: 9781509914142
Publisher: Hart Publishing
Publication date: 05/25/2017
Pages: 442
Product dimensions: 6.14(w) x 9.21(h) x 0.90(d)

About the Author

Alan Bogg is Professor of Labour Law at the University of Oxford and Fellow and Tutor in Law at Hertford College.Cathryn Costello is Andrew W Mellon Associate Professor in International Human Rights and Refugee Law, Refugee Studies Centre, Oxford Department of International Development.ACL Davies is Professor of Law and Public Policy, University of Oxford and Garrick Fellow and Tutor in Law at Brasenose College.Jeremias Prassl is an Associate Professor in the Faculty of Law, University of Oxford, and a Tutorial Fellow at Magdalen College, Oxford.

Table of Contents

Editors' Preface v

List of Contributors ix

Introduction: Exploring Autonomy Alan Bogg Cathryn Costello ACL Davies Jeremias Prassl 1

Part I Labour Law's Autonomy: Theory and Methodology 27

1 Otto Kahn-Freund, the Contract of Employment and the Autonomy of Labour Law Mark Freedland 29

2 Contractual Autonomy Hugh Collins 45

3 Labour Law and the Trade Unions: Autonomy and Betrayal Alan Bogg 73

4 Common Law Confusion and Empirical Research in Labour Law Lizzie Barmes 107

5 Evaluating the Reflexive Turn in Labour Law Diamond Ashiagbor 123

Part II Labour Law's Autonomy: Core Organizing Concepts 149

6 Autonomous Concepts in Labour Law? The Complexities of the Employing Enterprise Revisited Jeremias Prassl 151

7 Uses and Misuses of 'Mutuality of Obligations' and the Autonomy of Labour Law Nicola Countouris 169

8 Migrants and Forced Labour: A Labour Law Response Cathryn Costello 189

Part III Labour Law's Autonomy: Labour Law, Public Law and Human Rights 229

9 Labour Law as Public Law ACL Davies 231

10 Equality Law: Labour Law or an Autonomous Field? Sandra Fredman 257

11 Labour Law as Human Rights Law: A Critique of the Use of 'Dignity' by Freedland and Kountouris Christopher McCrudden 275

12 The EU Internal Market and Domestic Labour Law: Looking Beyond Autonomy Phil Syrpis Tonia Novitz 291

Part IV Labour Laws Autonomy: Labour Law, Commercial Law and Economic Theory 309

13 Labour Law as the Law of the Business Enterprise Alice Carse Wanjiru Njoya 311

14 Conceptualizing the Employer as Fiduciary: Mission Impossible? Jill Murray 337

15 Efficiency Arguments for the Collective Representation of Workers: A Sketch Paul Davies 367

16 Labour Law on the Plateau: Towards Regulatory Policy for Endogenous Norms Deirdre McCann 397

Index 423

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