Constitutionalizing Employment Relations: Sinzheimer, Kahn-Freund, and the Role of Labour Law

23 Pages Posted: 12 Aug 2008

See all articles by Ruth Dukes

Ruth Dukes

School of Law, University of Glasgow

Abstract

Hugo Sinzheimer and his one-time student Otto Kahn-Freund are widely regarded as the founding fathers of German and British labour law respectively. While, at first glance, the two scholars might appear to have advocated rather different approaches to the regulation of employment relations, a review of their work reveals that both argued, in essence, for the constitutionalization of those relations. Both argued, in other words, for the removal from the economic sphere of the otherwise inequitable consequences of the functioning of private law, so that collectivized labour might participate with capital, on a parity basis, in the autonomous regulation of the economy.

Suggested Citation

Dukes, Ruth, Constitutionalizing Employment Relations: Sinzheimer, Kahn-Freund, and the Role of Labour Law. Journal of Law and Society, Vol. 35, Issue 3, pp. 341-363, September 2008. Available at SSRN: https://ssrn.com/abstract=1218729 or http://dx.doi.org/10.1111/j.1467-6478.2008.00442.x

Ruth Dukes (Contact Author)

School of Law, University of Glasgow ( email )

Stair Building
5 - 8 The Square
Glasgow, Scotland G12 8QQ
United Kingdom

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