Subordination vs Domination: Exploring the Differences

International Journal of Comparative Labour Law & Industrial Relations, Forthcoming

Hebrew University of Jerusalem Legal Research Paper No. 17-27

24 Pages Posted: 17 May 2017 Last revised: 14 Jun 2017

See all articles by Guy Davidov

Guy Davidov

Hebrew University of Jerusalem - Faculty of Law

Date Written: May 16, 2017

Abstract

Subordination has long been a key concept in labour law theory. It aims to depict a central characteristic of employment relationships that explains (at least partially) the need for labour laws. More recently there is an increasing interest among labour law scholars with the concept of domination as developed in republican theory. On the face of it, being dominated by an employer appears to be very similar to being subordinated to an employer. To assess the relevance and usefulness of domination for labour law, I begin by providing an account of subordination and its different possible meanings. I then examine the different components of the definitions of domination developed by Philip Pettit and by Frank Lovett (with some reference to other scholars), and explore the similarities with, and differences from, the concept of subordination. I conclude that some key parts of domination — most notably the existence of arbitrary power — are not an optimal fit to describe employment relationships and justify labour law. In this respect domination cannot serve as a general theory of labour law. Nonetheless, republican theories are certainly helpful in providing normative support for specific labour laws as well as some other concrete benefits.

Keywords: Labour Law, Labour Law, Employment Law, Republicanism

Suggested Citation

Davidov, Guy, Subordination vs Domination: Exploring the Differences (May 16, 2017). International Journal of Comparative Labour Law & Industrial Relations, Forthcoming; Hebrew University of Jerusalem Legal Research Paper No. 17-27. Available at SSRN: https://ssrn.com/abstract=2969141

Guy Davidov (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mt. Scopus
Jerusalem, 91905
Israel

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