A Casebook on Labour Law (2018) (Preface and Chapter 1)

A Casebook on Labour Law (Hart 2018) Preface and ch 1

King's College London Law School Research Paper No. 19-5

51 Pages Posted: 25 Oct 2018

See all articles by Ewan McGaughey

Ewan McGaughey

School of Law, King's College, London; Centre for Business Research, University of Cambridge; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: May 1, 2018

Abstract

This is the Preface and chapter 1, 'History' from A Casebook on Labour Law (Hart 2018).

The Preface introduces the central debate over the legitimacy of labour law in the 20th century: it explains why the 'Chicago School' theories, which seek to deny any justification for the existence of labour rights, have no evidential basis. The central goal of labour law, which restructures oppressive rules of property, corporations and contract, is the same as the goal of all law: the pursuit of social justice. This means that everyone should be empowered by law to realise their fullest potential, in concert with others.

Chapter 1 explores the history of labour law, starting from the Norman Invasion of Britain in 1066. It explains (1) the slow evolution of labour legislation from slavery and serfdom, (2) the development of collective voice, through freedom of contract and freedom of association in the industrial revolution, and (3) the settling of modern labour law around three principles: democracy, equality and internationalism. While it focuses on the development of thinking and legal institutions in the UK, the history is set within the development of European and international labour rights.

Keywords: Labour, law, history, theory

JEL Classification: K31

Suggested Citation

McGaughey, Ewan, A Casebook on Labour Law (2018) (Preface and Chapter 1) (May 1, 2018). A Casebook on Labour Law (Hart 2018) Preface and ch 1; King's College London Law School Research Paper No. 19-5. Available at SSRN: https://ssrn.com/abstract=3258426

Ewan McGaughey (Contact Author)

School of Law, King's College, London; Centre for Business Research, University of Cambridge ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

HOME PAGE: http://kclpure.kcl.ac.uk/portal/ewan.mcgaughey.html

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
41
Abstract Views
214
PlumX Metrics