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The Right to Work

Legal and Philosophical Perspectives

By Virginia Mantouvalou (Edited by)

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Format: Hardcover, 365 pages
Published In: United Kingdom, 01 January 2015
The value of work cannot be underestimated in today's world. Work is valuable because productive labour generates goods needed for survival, such as food and housing; goods needed for self-development, such as education and culture; and other material goods that people wish to have in order to live a fulfilling life. A job also generally inspires a sense of achievement, self-esteem and the esteem of others. People develop social relations at work, which can be very important for them. Work brings both material and non-material benefits. There is no doubt that work is a crucial good. Do we have a human right to this good? What is the content of the right? Does it impose a duty on governments to promote full employment? Does it entail an obligation to protect decent work? There is also a question about the right-holders. Do migrants have a right to work, for example? At the same time many people would rather not work. What kind of right is this, if many people do not want to have it? The chapters of this book address the uncertainty and controversy that surround the right to work both in theoretical scholarship and in policymaking. They discuss the philosophical underpinnings of the right to work, and its development in human rights law at national level (in jurisdictions such as the United Kingdom, Australia, Japan, France and the United States) and international level (in the context of the United Nations, the European Social Charter, the International Labour Organization, theEuropean Convention on Human Rights and other legal orders).

Table of Contents

1. Work, its Moral Meaning or Import David Wiggins 2. Is there a Human Right to Work? Hugh Collins 3. The Right to Non-Exploitative Work Virginia Mantouvalou 4. Universalising the Right to Work of Persons with Disabilities: An Equality and Dignity Based Approach Einat Albin 5. Aristotle, Arendt and the Gentleman: How the Conception of Remuneration Figures in our Understanding of a Right to Work and Be Paid JE Penner 6. The Right to Work in International Human Rights Law Colm O'Cinneide 7. The Right to (Decent) Work in a European Comparative Perspective Mark Freedland and Nicola Kountouris 8. Giving Up on the Human Right to Work James W Nickel 9. Only Fools and Horses: Some Sceptical Reflections on the Right to Work Alan L Bogg 10. The Right to Work and the Duty to Work Amir Paz-Fuchs 11. The French Approach to the Right to Work: The Potential of a Constitutional Right in Ordinary Courts Sophie Robin-Olivier 12. The Development of Right to Work Theories of Labour Law in Japan: A Comparative Perspective Kenji Arita 13. Progress Towards the Right to Work in the United Kingdom H ugh Collins 14. Why Do So Few Employees Return to their Jobs? In Pursuit of a Right to Work Following Unfair Dismissal Joanna Howe 15. A Right to Work in the United States: Historical Antecedents and Contemporary Possibilities Katherine VW Stone 16. Working Out the Right to Work in a Global Labour Market Guy Mundlak 17. The Right to Work and Labour Market Flexibility: Labour Market Governance Norms in the International Order Kerry Rittich

About the Author

Virginia Mantouvalou is a Reader in Human Rights and Labour Law, and Co-Director of the Institute for Human Rights at University College London (UCL).

Reviews

Virginia Mantouvalou has assembled a remarkable collection of essays on the 'right to work' (RTW). The provenance, content, efficacy, future prospects and very existence of RTW are contested by many of her distinguished contributors. -- H W Arthurs * The Modern Law Review * ...this book provides some deep insights into the thousand faces of the right to work in a number of jurisdictions...The book makes a great contribution to the analysis of this right. -- Erika Kovacs * European Journal of Social Security * ...a fascinating and multi-faceted discourse on the nature of work and the meaning of rights....This slim but complex and weighty book will be an excellent selection for academic libraries supporting advanced or interdisciplinary study in labour law, worker's rights, or human rights - particularly its international aspects. -- Kim Nayyer * Canadian Law Library * This book has important implications for workers' rights and human rights separately- and workers' rights together. -- James A. Gross * Comparative Labor Law and Policy Journal * Indeed, the contributions seem to suggest that rather than being conceived as an endpoint in terms of a clear and sharply defined legal instrument, the right to work is better seen as a way to raise discussion about many underlying issues for enhancing labour protection. -- BENJAMIN MAK * Industrial Law Journal *

EAN: 9781849465106
ISBN: 184946510X
Publisher: Hart Publishing
Dimensions: 23.37 x 15.75 x 3.05 centimeters (0.73 kg)
Age Range: 15+ years
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