Description
Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law.The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.
Table of Contents
List of contributorsAcknowledgmentsIntroductionDavid Plunkett, Scott Shapiro, and Kevin Toh1. Peter Railton, University of Michigan'We'll see you in court!': The Rule of Law as an Explanatory and Normative Kind2. Nicholas Southwood, Australian National UniversityLaw as Conventional Norms3. David Copp, University of California, DavisLegal Teleology: A Naturalist Account of the Normativity of Law4. David Enoch, Hebrew University of JerusalemIs General Jurisprudence Interesting?5. Kathyrn Lindeman, Saint Louis UniversityLegal Metanormativity: Lessons for and from Constitutivist Accounts in the Philosophy of Law6. David Plunkett, Dartmouth CollegeRobust Normativity, Morality, and Legal Positivism7. Mitchell Berman, University of PennsylvaniaOf Law and Other Artificial Normative Systems8. George Letsas, University College LondonLaw's Full-Blooded Normativity9. Stephen Finlay, University of Southern CaliforniaDefining Normativity10. Kevin Toh, University College LondonLegal Philosophy à la carte11. Brian Leiter, University of ChicagoTheoretical Disagreements in Law: Another Look12. Teresa Marques, Logos / University of BarcelonaHybrid Dispositionalism and the Law13. Alex Silk, University of BirminghamNormativity in Language and Law14. Katharina Nieswandt, Concordia UniversityAuthority and Interest in the Theory of Right15. Luís Duarte d'Almeida, University of EdinburghOn the Legal Syllogism16. Sam Shpall, University of SydneyDworkin's Literary Analogy17. Connie Rosati, University of ArizonaConstitutional RealismIndex
