Traditional Justifications of Labour Law

Abstract

The idea of ‘inequality of bargaining power’ has traditionally functioned as the primary justification for the law of work. There have been numerous interpretations of this concept, but little consensus on a clear-cut definition. In recent times, its ascendancy has become open to question, with other theories and values increasingly jostling for supremacy as the foundation for labour law. In this chapter, I consider the function and potential scope of a justificatory concept for the law of work within the context of the discussion on ‘inequality of bargaining power’. Finally, I reach the conclusion that the time has now come for the formulation of a plural patchwork for the law of work, encompassing a diverse range of justifications for the discipline.

Keywords: Labour Law, Law of Work, Employment Law, Collective Labour Law, Justifications of Labour Law, Foundation of Labour Law, Inequality of Bargaining Power, Philosophical Foundations of Labour Law, Plural Philosophical Foundations of Labour Law