The Normative Framework of Labour Law

Law and Method, September 2019, DOI: 10.5553/REM/.000044

Tilburg Law School Research Paper

16 Pages Posted: 29 Jan 2020

Date Written: April 6, 2018

Abstract

This article looks at how normative questions, i.e. 'what should the law be?', are approached in modern labour law scholarship. A distinction is made between internal and external normative frameworks for analysis, whereby internal frameworks are made up of principles, values or standards that are part of the law and the external frameworks are made up of theories outside of law. As a functional legal field, labour law can also benefit to a great deal from empirical research. However, the article argues that empirical facts by themselves have a limited normative value and that we need a normative framework in order to answer normative and evaluative questions. Therefore, the aim of the article is to review, clarify and evaluate the internal normative framework of labour law.

Keywords: labour law; methodology; normative framework

Suggested Citation

Zekić, Nuna, The Normative Framework of Labour Law (April 6, 2018). Law and Method, September 2019, DOI: 10.5553/REM/.000044, Tilburg Law School Research Paper, Available at SSRN: https://ssrn.com/abstract=3481857

Nuna Zekić (Contact Author)

Tilburg Law School ( email )

Tilburg, 5000 LE
Netherlands

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