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Vulnerability and the Legal Organization of Work

2017-07-06 Business & Economics
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Release : 2017-07-06
Genre : Business & Economics
Kind : eBook
Book Rating : 554/5 ( reviews)

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Book Synopsis Vulnerability and the Legal Organization of Work by : Martha Albertson Fineman

Download or read book Vulnerability and the Legal Organization of Work written by Martha Albertson Fineman. This book was released on 2017-07-06. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

Vulnerability and the Legal Organization of Work

2017-07-06 Business & Economics
Download Vulnerability and the Legal Organization of Work PDF Online Free

Author :
Release : 2017-07-06
Genre : Business & Economics
Kind : eBook
Book Rating : 562/5 ( reviews)

GET EBOOK


Book Synopsis Vulnerability and the Legal Organization of Work by : Martha Albertson Fineman

Download or read book Vulnerability and the Legal Organization of Work written by Martha Albertson Fineman. This book was released on 2017-07-06. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.

Embracing Vulnerability

2020-02-13 Law
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Release : 2020-02-13
Genre : Law
Kind : eBook
Book Rating : 68X/5 ( reviews)

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Book Synopsis Embracing Vulnerability by : Daniel Bedford

Download or read book Embracing Vulnerability written by Daniel Bedford. This book was released on 2020-02-13. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative and a source of connection and development. The book is structured into five sections that cover fields of law where there is already significant recourse to the concept of vulnerability. These sections include a main chapter by a legal theorist who has previously examined the creative potential of vulnerability and responses from scholars working in the same field. This is designed to draw out some of the central debates concerning how vulnerability is conceptualised in law. Several contributors highlight the need to re-focus on some of these more positive aspects of vulnerability to counter the way law is being used enable persons to escape the stigma associated with vulnerability by concealing that condition. They seek to explore how law might embrace vulnerability, rather than conceal it. The book also includes contributions that seek to bring vulnerability into a non-binary relationship with other core legal concepts, such as autonomy and dignity. Rather than discarding these legal concepts in favour of vulnerability, these contributions highlight how vulnerability can be entwined with relational autonomy and embodied dignity. This book is essential reading for both students studying legal theory and practitioners interested in vulnerability.

Law, Vulnerability, and the Responsive State

2023-10-09 Social Science
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Release : 2023-10-09
Genre : Social Science
Kind : eBook
Book Rating : 103/5 ( reviews)

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Book Synopsis Law, Vulnerability, and the Responsive State by : Martha Albertson Fineman

Download or read book Law, Vulnerability, and the Responsive State written by Martha Albertson Fineman. This book was released on 2023-10-09. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how vulnerability theory provides the basis for a reconceptualization of the liberal ideas of autonomy, equality, and freedom. Vulnerability theory argues a “vulnerable legal subject” should displace the “liberal legal subject” that currently dominates law and policy. The theory is based on the fundamental empirical realities of the material body and offers an alternative to a social contract or rights-based notion of state responsibility, both of which tend to privilege abstractions such as rationality or dignity. A vulnerability analysis poses law and policy questions based on the “vulnerable legal subject” and requires new thinking about state or governmental responsibility. To achieve a truly comprehensive and inclusive notion of what constitutes social justice or a universal or common good, vulnerability theory mandates a reassessment of both equality and freedom as these concepts are currently conceived. Presenting the work of scholars from a wide range of doctrinal areas, it is this task that the book takes up. In particular, in recognizing that many social or institutional relationships entail uneven positions of dependence and reliance, it maintains that individualized notions of equality or freedom are inadequate and must be reformulated to include a sense of collective or social justice, incorporating asymmetric or unequal allocations of responsibility, and requiring appropriate limitations on the individual. This book’s reorientation of the subject, as well as the central objectives of law and policy, will appeal to scholars and students in law, vulnerability studies, gender studies, critical legal and political theory, politics, philosophy, and sociology.

Law, Precarious Labour and Posted Workers

2023-05-05 Law
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Release : 2023-05-05
Genre : Law
Kind : eBook
Book Rating : 966/5 ( reviews)

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Book Synopsis Law, Precarious Labour and Posted Workers by : Marta Lasek-Markey

Download or read book Law, Precarious Labour and Posted Workers written by Marta Lasek-Markey. This book was released on 2023-05-05. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration.

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