A Purposive Approach To Labour Law

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A Purposive Approach to Labour Law

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Author by : Guy Davidov
Languange Used : English, France, Spanish, Italia and chinese
Page : 320
Isbn : 0198759037
Identifier : 9780198759034
Release : 2016-03-24
Publisher by : Oxford University Press
Category :
Total Download : 8350921
Total Read : 3335876
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Description : Read Now A Purposive Approach To Labour Law by Guy Davidov and you can download with pub, pdf, txt, doc, and more file format with free account. the mismatch between goals and means is a major cause of crisis in labour law. the regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. this mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. it first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. the book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. the book offers several examples for the way a purposive analysis should be performed in concrete cases. it also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

A Purposive Approach to Labour Law

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Author by : Guy Davidov
Languange Used : English, France, Spanish, Italia and chinese
Page : 270
Isbn : 0191076856
Identifier : 9780191076855
Release : 2016-05-05
Publisher by : Oxford University Press
Category : Law
Total Download : 5517688
Total Read : 1385062
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Description : Read Now A Purposive Approach To Labour Law by Guy Davidov and you can download with pub, pdf, txt, doc, and more file format with free account. the mismatch between goals and means is a major cause of crisis in labour law. the regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. this mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. it first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. the book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. the book offers several examples for the way a purposive analysis should be performed in concrete cases. it also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

A Purposive Approach to Labour Law

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Author by : Guy Davidov
Languange Used : English, France, Spanish, Italia and chinese
Page : 270
Isbn : 0191076848
Identifier : 9780191076848
Release : 2016-05-05
Publisher by : Oxford University Press
Category : Law
Total Download : 754259
Total Read : 2033056
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Description : Read Now A Purposive Approach To Labour Law by Guy Davidov and you can download with pub, pdf, txt, doc, and more file format with free account. the mismatch between goals and means is a major cause of crisis in labour law. the regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. this mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. it first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. the book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. the book offers several examples for the way a purposive analysis should be performed in concrete cases. it also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.

The Labour Constitution The Enduring Idea of Labour Law

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Author by : Ruth Dukes
Languange Used : English, France, Spanish, Italia and chinese
Page : 244
Isbn : 0199601690
Identifier : 9780199601691
Release : 2014
Publisher by : Oxford University Press, USA
Category : Law
Total Download : 8780512
Total Read : 9315189
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Description : Read Now The Labour Constitution by Ruth Dukes and you can download with pub, pdf, txt, doc, and more file format with free account. this volume examines different approaches to the study of labour law, comparing traditional with more market-focussed approaches. it argues that the idea of the labour constitution continues to offer a useful framework for scholarly analysis, emphasising the critical nature of the link between democracy and the protection of workers' interests.

The Concept of the Employer

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Author by : Jeremias Prassl
Languange Used : English, France, Spanish, Italia and chinese
Page : 259
Isbn : 0198735537
Identifier : 9780198735533
Release : 2015
Publisher by : Oxford University Press, USA
Category : Law
Total Download : 4529520
Total Read : 2890218
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Description : Read Now The Concept Of The Employer by Jeremias Prassl and you can download with pub, pdf, txt, doc, and more file format with free account. based on the author's thesis (doctoral - oxford university, 2012), under title: the notion of the employer in multilateral organisational settings.

Criminal Law in the Age of the Administrative State

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Author by : Vincent Chiao
Languange Used : English, France, Spanish, Italia and chinese
Page : 280
Isbn : 0190273941
Identifier : 9780190273941
Release : 2018-11-12
Publisher by : Studies in Penal Theory and Ph
Category : Law
Total Download : 5655843
Total Read : 1650932
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Description : Read Now Criminal Law In The Age Of The Administrative State by Vincent Chiao and you can download with pub, pdf, txt, doc, and more file format with free account. what is the criminal law for? one influential answer is that the criminal law vindicates pre-political rights and condemns wrongdoing. on this account, the criminal law has an intrinsic subject matter-certain types of moral wrongdoing-and it provides a distinctive response to that wrongdoing, namely condemnatory punishment. in criminal law in the age of the administrative state, vincent chiao offers an alternative, public law account. what the criminal law is for, chiao suggests, is sustaining social cooperation with public institutions. consequently, we only have reason to support the use of the criminal law insofar as its use is consistent with our reasons for valuing the social order established by those institutions. by starting with the political morality of public institutions rather than the interpersonal morality of private relationships, this account shows how the criminal law is continuous with the modern administrative and welfare state, and why it is answerable to the same political virtues. chiao sketches a democratic egalitarian account of those virtues, one that is loosely consequentialist, egalitarian but not equalizing, and centered on a form of freedom-effective access to central capabilities-as its currency of evaluation. from this point of view, the role of the criminal law is to help public institutions create a society in which each person can lead a life as a peer among peers. chiao shows how a democratic egalitarian approach to criminal justice provides a fresh perspective on a range of contemporary problems, from mass incarceration to overcriminalization, due process and the collateral consequences of a criminal conviction.

Bullying and Behavioural Conflict at Work The Duality of Individual Rights

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Author by : Lizzie Barmes
Languange Used : English, France, Spanish, Italia and chinese
Page : 320
Isbn : 0199691371
Identifier : 9780199691371
Release : 2015-11-19
Publisher by : Oxford University Press
Category : Bullying in the workplace
Total Download : 1065843
Total Read : 1244532
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Description : Read Now Bullying And Behavioural Conflict At Work by Lizzie Barmes and you can download with pub, pdf, txt, doc, and more file format with free account. in an empirical study of the interaction between law, adjudication, and conflicts about behavior in the workplace, lizzie barmes analyses how labor and equality rights operate in practice in the uk. arguing that individual employment rights have a janus-faced quality, simultaneously challenging and sustaining existing distributions of power between management and employees, she calls for legal intervention at work to focus on resolving tensions between collective and individual concerns across the range of workplaces, and to stimulate the expression and reconciliation of different viewpoints in the implementation and enforcement of individual legal entitlements. based on extensive primary research, the volume surveys and analyses experiences and attitudes towards negative behavior in the workplace, and explains relevant employment and equality law as it has developed from 1995 to the present day, covering the major case law and legislative developments over this time. this book provides qualitative analysis of authoritative uk judgments about behavioral conflict at work from 1995 to 2010, as well as of interviews with senior managers and senior lawyers, allowing the reader first-hand insight into the influence of law and legal process on problems and conflict at work.

Philosophical Foundations of Labour Law

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Author by : Hugh Collins, Gillian Lester, Virginia Mantouvalou
Languange Used : English, France, Spanish, Italia and chinese
Page : 368
Isbn : 0198825277
Identifier : 9780198825272
Release : 2019-02-12
Publisher by : Philosophical Foundations of L
Category : Law
Total Download : 6311941
Total Read : 4874803
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Description : Read Now Philosophical Foundations Of Labour Law by Hugh Collins, Gillian Lester, Virginia Mantouvalou and you can download with pub, pdf, txt, doc, and more file format with free account. the first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

The Law of TUPE Transfers

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Author by : Charles Wynn-Evans
Languange Used : English, France, Spanish, Italia and chinese
Page : 368
Isbn : 9780198778912
Identifier : 0198778910
Release : 2016-10-13
Publisher by : Oxford University Press, USA
Category :
Total Download : 5705380
Total Read : 757886
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Description : Read Now The Law Of Tupe Transfers by Charles Wynn-Evans and you can download with pub, pdf, txt, doc, and more file format with free account. the uk's transfer of undertakings legislation - tupe - is of immense practical, commercial, and financial significance to employers and employees in both the public and private sectors, yet it is also one of the most notoriously complex and unpredictable areas of employment law. it is an area which has seen regular and significant developments not just in the case law but also as a result of the amendments intorduced by the 2014 the collective redundancies and transfer of undertakings (protection of employment) regulations which significantly changed a number of aspects of the legislation. this new edition of the law of tupe transfers gives a concise yet comprehensive examination of all aspects of tupe, covering issues such as when the regulations apply, the legal effects of a transfer, the information and consultation requirements of the legislation, and claims arising from transfer related dismissals, as well as examining the impact of the various amendments made by the 2014 amendment regulation.

Employment Law Review

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Author by : Erika C Collins
Languange Used : English, France, Spanish, Italia and chinese
Page : 800
Isbn : 1912377683
Identifier : 9781912377688
Release : 2017-04-07
Publisher by : Law Business Research Ltd.
Category :
Total Download : 2431478
Total Read : 9682770
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Description : Read Now Employment Law Review by Erika C Collins and you can download with pub, pdf, txt, doc, and more file format with free account. the employment law review, edited by erika c collins of proskauer rose llp, serves as a tool to help legal practitioners and human resources professionals identify issues that present challenges to their clients and companies. as well as in-depth examinations of employment law in 48 jurisdictions, the book provides further general interest chapters covering the variety of employment-related issues that arise during cross-border merger and acquisition transactions, aiding practitioners and human resources professionals who conduct due diligence and provide other employment-related support in connection with cross-border corporate m&a deals. other chapters deal with global diversity and inclusion initiatives across the globe, social media and mobile device management policies, and the interplay between religion and employment law. contributors include: els de wind, van doorne; annie elfassi, loyens loeff. "e;excellent publication, very helpful in my day to day work."e; - mr frederic thoral, head of hr, bnp paribas"e;excellent coverage and detail on each country is brilliant."e; - mr raani costelloe, general manager of legal and business affairs, sony music entertainment, australia"e;an excellent resource for in-house counsel for a company with an international footprint."e; - mr john r pendergast, senior counsel, basf corporation, usa"e;it's invaluable to any lawyer dealing with cross-border and privacy-related employment issues and is a cornerstone to my own legal research"e; - oran kiazim, vice president, global privacy, sterlingbackcheck, uk

Landmark Cases in Property Law

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Author by : Simon Douglas, Robin Hickey, Emma Waring
Languange Used : English, France, Spanish, Italia and chinese
Page : 344
Isbn : 1509900268
Identifier : 9781509900268
Release : 2015-06-25
Publisher by : Bloomsbury Publishing
Category : Law
Total Download : 2501232
Total Read : 9396169
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Description : Read Now Landmark Cases In Property Law by Simon Douglas, Robin Hickey, Emma Waring and you can download with pub, pdf, txt, doc, and more file format with free account. landmark cases in property law explores the development of basic principles of property law in leading cases. each chapter considers a case on land, personal property or intangibles, discussing what that case contributes to the dominant themes of property jurisprudence Â? how are property rights acquired? what is the content of property rights? what are the limits or boundaries of property? how are property rights extinguished? individually and collectively, the chapters identify a number of important themes for the doctrinal development of property institutions and their broader justification. these themes include: the obscure and incremental development of seemingly foundational principles, the role of instrumentalism in property reasoning, the influence of the law of tort on the scope of property doctrines, and the impact of roman legal reasoning on the common law of property. one or more of these themes (and others) is revealed through careful case analysis in each chapter, and they are collected and critically explored in the editors' introductions. this makes for a coherent and provocative collection, and ensures that landmark cases in property law will be lively and essential reading for scholars, practitioners, and all those interested in the development of property principles at law.

The Future of Law and Economics Essays in Reform and Recollection

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Author by : Guido Calabresi
Languange Used : English, France, Spanish, Italia and chinese
Page : 248
Isbn : 0300216262
Identifier : 9780300216264
Release : 2016-01-28
Publisher by : Yale University Press
Category : Law
Total Download : 4401160
Total Read : 7234202
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Description : Read Now The Future Of Law And Economics by Guido Calabresi and you can download with pub, pdf, txt, doc, and more file format with free account. in a concise, compelling argument, one of the founders and most influential advocates of the law and economics movement divides the subject into two separate areas, which he identifies with jeremy bentham and john stuart mill. the first, benthamite, strain, “economic analysis of law,” examines the legal system in the light of economic theory and shows how economics might render law more effective. the second strain, law and economics, gives equal status to law, and explores how the more realistic, less theoretical discipline of law can lead to improvements in economic theory. it is the latter approach that judge calabresi advocates, in a series of eloquent, thoughtful essays that will appeal to students and scholars alike.

Blackstone's Guide to the Equality Act 2010

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Author by : John Wadham, David Ruebain, Anthony Robinson, Susie Uppal
Languange Used : English, France, Spanish, Italia and chinese
Page : 552
Isbn : 0191645397
Identifier : 9780191645396
Release : 2012-05-17
Publisher by : OUP Oxford
Category : Law
Total Download : 3117702
Total Read : 4374756
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Description : Read Now Blackstone S Guide To The Equality Act 2010 by John Wadham, David Ruebain, Anthony Robinson, Susie Uppal and you can download with pub, pdf, txt, doc, and more file format with free account. the equality act 2010 was an extremely significant reform of uk discrimination law, consolidating the existing complex mass of statutory provisions into one statute. the act brought new rights against discrimination and imposed new duties on employers, service providers and public authorities, and also introduced a new socio-economic duty on public authorities to reduce the inequalities of outcome which result from socio-economic disadvantage. it defined nine protected characteristics: age, disability, combined grounds, gender reassignment, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. much more is now known about the equality act in practice; amendments have been made to the act itself (such as those made as a consequence of insurance premium and gender cases in the european court of justice) and statutory guidance to the act has been produced. case law on the new provisions is also starting to appear. this fully revised edition of blackstone's guide to the equality act 2010 covers all recent developments and clearly and concisely explains the intricacies of the equality act. combining the full text of the act, as amended, with narrative from an expert team, the book is an invaluable resource for all who encounter the evolving legislation. the blackstone's guide series delivers concise and accessible books covering the latest legislative changes and amendments. published soon after enactment, they offer expert commentary by leading names on the extent, scope, and effects of the legislation, plus a full copy of the act itself. they offer a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Employment Law in Context

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Author by : David Cabrelli
Languange Used : English, France, Spanish, Italia and chinese
Page : 968
Isbn : 0198748337
Identifier : 9780198748335
Release : 2016-06-09
Publisher by : Oxford University Press
Category :
Total Download : 4711635
Total Read : 5235205
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Description : Read Now Employment Law In Context by David Cabrelli and you can download with pub, pdf, txt, doc, and more file format with free account. employment law in context combines extracts from leading cases and articles with insightful and sophisticated author commentary to provide the reader with a full, critical understanding of employment law. as well as providing a thorough grounding in individual labour law, and drawing attention to key and current areas of debate, this title offers the reader detailed analysis of the social, economic, political, and historical context in which employment law operates. an innovative running case study contextualizes employment law and demonstrates its practical applications by following the life-cycle of a company from incorporation, through expansion, to liquidation. reflection points and examples encourage the development of critical thinking skills and students' ability to view the issues practically. the text is supported by an online resource centre hosting: - four supplementary chapters on collective employment law to facilitate a broader understanding of the subject - additional reading lists to accompany topics signposted in each chapter and annotated web links to key online resources to direct further research - a flashcard glossary helps students test their understanding of terms highlighted and defined in the book - twice-yearly updates to the law are provided by the author to keep students abreast of the latest developments - powerpoint slides and figures from the book are available to lecturers

The Changing Law of the Employment Relationship Comparative Analyses in the European Context

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Author by : Nicola Countouris
Languange Used : English, France, Spanish, Italia and chinese
Page : 274
Isbn : 1317038924
Identifier : 9781317038924
Release : 2016-04-01
Publisher by : Routledge
Category : Law
Total Download : 1279675
Total Read : 4787146
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Description : Read Now The Changing Law Of The Employment Relationship by Nicola Countouris and you can download with pub, pdf, txt, doc, and more file format with free account. during the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. new atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. this in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. nicola countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key european countries - the uk, germany, france and italy.

Interpreting Environmental Offences The Need for Certainty

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Author by : Emma Lees
Languange Used : English, France, Spanish, Italia and chinese
Page : 256
Isbn : 9781509916030
Identifier : 1509916032
Release : 2017-05-25
Publisher by : Hart Publishing Limited
Category :
Total Download : 2592404
Total Read : 2058090
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Description : Read Now Interpreting Environmental Offences by Emma Lees and you can download with pub, pdf, txt, doc, and more file format with free account. now available in paperback! this book analyzes the interpretation of environmental offences contained in the waste, contaminated land, and habitats' protection regimes. it concludes that the current purposive approach to interpretation has produced an unacceptable degree of uncertainty. such uncertainty threatens compliance with rule of law values, inhibits predictability, and therefore produces a scenario which is unacceptable to the wider legal and business community. emma lees proposes that a primarily linguistic approach to interpretation of the relevant rules should be adopted. in so doing, the book analyzes the appropriate judicial role in an area of high levels of scientific and administrative complexity. a framework for interpretation of these offences is provided. the key elements included in this framework are: the language of the provision; the harm tackled as drafted; regulatory context; explanatory notes and preamble; and, finally, purpose in a broader sense. through this framework, a solution to the certainty problem is provided. [subject: energy & environmental law, european law]