The Capability Approach and Labour Law: Identifying the Areas of Fit

THE CAPABILITY APPROACH TO LABOUR LAW (Brian Langille ed., OUP 2019) Ch. 2

Hebrew University of Jerusalem Legal Research Paper 19-17

19 Pages Posted: 22 Jul 2019 Last revised: 29 Aug 2019

See all articles by Guy Davidov

Guy Davidov

Hebrew University of Jerusalem - Faculty of Law

Date Written: November 1, 2018

Abstract

The goal of this chapter is to assess to what extent the Capability Approach (CA) can be useful for labour law theory. It begins by asking, what is the purpose of looking for a purpose for labour law? The chapter distinguishes between legal purposes (such as purposive interpretation) and non-legal purposes (for example, defending the law against economic and libertarian critiques). It argues that for legal purposes, there must be ‘fit’ between the proposed normative theory and existing laws. It then distinguishes between three different strands in the literature regarding what do we want people to be capable of: whatever they want (‘substantive freedom’); specific capabilities (justified by another theory); or effective ability to enjoy labour laws (that require separate justifications). The chapter argues that the first two strands can be used to justify some specific laws – notably, workplace equality, health and safety and working time law – but certainly not the entire field. The third strand can be used as a ‘supplementary device’ to justify specific means that will make the laws effective – but does not provide the primary justification for the laws themselves.

Keywords: capability approach, capabilities, labour law, labour law, employment law, purposive approach

Suggested Citation

Davidov, Guy, The Capability Approach and Labour Law: Identifying the Areas of Fit (November 1, 2018). THE CAPABILITY APPROACH TO LABOUR LAW (Brian Langille ed., OUP 2019) Ch. 2; Hebrew University of Jerusalem Legal Research Paper 19-17. Available at SSRN: https://ssrn.com/abstract=3422909

Guy Davidov (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mt. Scopus
Jerusalem, 91905
Israel

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
15
Abstract Views
111
PlumX Metrics