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Fading Corporatism
Since the 1980s, industrial relations and labor law in Israel have rapidly changed from a European style of corporatism to a model of pluralism familiar to North America. The country's legal and industrial relations systems have become more decentralized, yet more intensively regulated; they are no longer centrally managed, but they do not fit the neoliberal model of a free market. In recent years, a dynamic system for voicing interests has evolved, granting more leeway to individuals, identity-based representation, and a flourishing civil society, but restraining effective collective representation. In Fading Corporatism, Guy Mundlak explains the changing nature of labor law and industrial ...
Comparative Labor Law
Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo
Organizing Matters
Organizing Matters demonstrates the interplay between two distinct logics of labour’s collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour’s interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries – Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership.
Fading Corporatism
Table of Contents Preface ix Acknowledgments xiii Introduction: Labor Law in Transition-Between Law and Industrial Relations 1 Corporatism Corporatism: Theory and Institutional Design 13 The Israeli Variant of Corporatism 34 Constructing Corporatist Labor Law, 1920-1987 Legislating for Corporatism, 1920-1968 61 Adjudication in the Service of Corporatism, 1969-1987 89 Fading Corporatism The Changing Metafunction of Labor Law 119 The Juridification of the Employment Relationship 153 The Changing Legal Construct of Dualism 188 Corporatist Labor Law in Context Corporatist and Pluralist Labor Laws 227 The Rule and Role of Law in Industrial Relations 241 References 261 Index 277.
A Purposive Approach to Labour Law
This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
The Welfare State, Globalization, and International Law
The book deals with the role of the international level in securing or supplementing national welfare functions. The authors evaluate the role of international labour law, social rights as human rights, the World Trade Organisation, non-governmental organisations and international taxation law, in the effort to maintain and promote welfare rights and the welfare state. The functions of national migration law and of social security law are analysed in case studies.
Racial Discrimination
This fifth volume in the Brill Research Perspectives in Comparative Discrimination Law surveys the field of comparative race discrimination law for the purpose of providing an introduction to the nature of comparing systems of discrimination and the transnational search for effective equality laws and policies. This volume includes the perspectives of racialized subjects (subalterns) in the examination of the reach of the laws on the ground. It engages a variety of legal and social science resources in order to compare systems across a number of contexts (such as the United States, Canada, France, South Africa, Brazil, Colombia, Peru, Hong Kong, Japan, Korea, Israel, India, and others). The goal is to analyze the strengths and weaknesses of various kinds of anti-discrimination legal devices to aid in the study of law reform efforts across the globe centered on racial equality.
Democratic Citizenship and War
This edited volume explores the theoretical and practical implications of war and terror situations for citizenship in democratic states. Citizenship is a key concept in Western political thought for defining the individual’s relations with society. The specific nature of these rights, duties and contributions, as well the relations between them, are determined by the citizenship discourses that prevail in each society. In wartime, including low-intensity wars, democratic societies face different challenges than the ones facing them during peacetime, in areas such as human rights, the status of minorities, the state’s obligations to its citizens, and the meaning of social solidarity. War...
A Liberal Theory of Property
Property law should expand opportunities for individual and collective self-determination and restrict options of interpersonal domination.
Research Handbook on Labour, Business and Human Rights Law
Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
