Industrial Relations and the Sociological Study of Labour Law

Labour & Industry, Vol. 19, No. 3, pp. 73-96, 2009

24 Pages Posted: 2 Nov 2010

See all articles by Andrew Frazer

Andrew Frazer

School of Law, University of Wollongong, Australia

Date Written: November 1, 2010

Abstract

This article examines the prospect for more fruitful collaborative research between labour law and industrial relations, using recent studies in labour law as a starting point. An increased and more sophisticated interest in labour law as regulation, particularly in Australia, has moved the discipline towards some of the traditional interest areas of industrial relations. However there remains a need for more empirically-based research, with the social reality of law as its primary focus. The legal studies paradigm is not well geared to social science research and an interdisciplinary approach is required. Industrial relations is the obvious candidate for such a partnership, but it currently lacks the basis for a law-centred methodology. The paper argues that the established field of sociology of law provides the most suitable basis for such work. To adopt this approach would, however, require scholars in both labour law and industrial relations to move onto new terrain and to ask new questions.

Keywords: labor regulation, industrial relations, Eugen Ehrlich, Otto Kahn-Freund, institutionalism and law

Suggested Citation

Frazer, Andrew, Industrial Relations and the Sociological Study of Labour Law (November 1, 2010). Labour & Industry, Vol. 19, No. 3, pp. 73-96, 2009, Available at SSRN: https://ssrn.com/abstract=1701488

Andrew Frazer (Contact Author)

School of Law, University of Wollongong, Australia ( email )

School of Law
University of Wollongong
Wollongong, New South Wales 2522
Australia

HOME PAGE: http://http://lha.uow.edu.au/law/

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