Abstract
Theorising Labour Law in a Changing World offers a modern, eclectic and, in the best sense of the term, unconventional contribution to the academic literature on labour law.
The main aim of the authors is to contribute to the elaboration of normative and, above all, ethical paradigms with which to rethink labour law and redirect it towards the value of inclusivity. Inclusivity is thus the guiding thread of the book, and from many points of view.
First of all, inclusivity is the guiding principle with which the various authors propose their critical and constructive reflections on the world of work. The question that the editors (Blackham, Kullmann and Zbyszewska) ask, and to which the authors specifically respond, is, paraphrased, ‘how to delineate labour law that is genuinely inclusive?’ And it is only right that the editors have chosen inclusivity as the keystone, since, in an almost heretical but necessary way, the choice of this concept permits a contestation of the neoliberal perspective which for years has propagated the narrative whereby a deregulated labour market is perhaps precarious, but at least it is inclusive.
Theorising Labour Law in a Changing World departs from that narrative as it embarks on the search for a labour law that is more inclusive while openly challenging the neoliberal model. For this reason alone, the book has the great merit of enabling the social and ‘human’ approach to labour law to regain the semantics of inclusiveness. This achievement, while rhetorical, represents a necessary step to break the false truth, successfully imposed by the neoliberal doctrine, according to which, in the context of labour policies, the protective and emancipatory rationales must be abandoned in order to achieve the goal of inclusivity.
Secondly, ‘inclusivity’ pertains to this book insofar as inclusive is the approach towards the normative, theoretical and philosophical solutions that are proposed. The overarching market rationale of labour law is addressed and critiqued through a multiplicity of perspectives, which complement and reinforce each other. Knegt, Smit and Dias-Abey propose a historical perspective, Rodgers traces the EU governance of the crisis, Zahn, Zbyszweska and Routh draw on feminist theories, Eleveld relies on Republican theory, Iossa on anarchist theories, and multidisciplinarity characterises the propositions of Inversi and Rogowski.
Similarly, inclusive is the approach towards the actors whose involvement may lead to a better labour law. Among the protagonists of this transition for a fairer and more democratic world of work are national and international rule-makers and standard setters, as proposed by various authors. At the same time, Rodgers and Pietrogiovanni remind us of the importance of the courts as possible catalysts for regulatory change. Going beyond the institutional reality, Vergis discusses the crucial role of trade unions and collective bodies, and warns of the risk that the logic of markets also contaminates the reality of collective representation. Reflections on trade union representation are also offered by Novitz and Zahn, who agree with Vergis on the need for a paradigm shift. Zahn, Dias-Abey and Iossa, on the other hand, draw attention to other examples of collective representation alongside those of traditional trade unions, and note that, in some cases, the results achieved are remarkable. Examples of these alternative forms of collective representation range from small, independent unions of mainly low-paid migrants and non-standard workers, to grass-roots organisations that have succeeded in developing an autonomous system for regulating labour costs in the agricultural sector, and to workers’ collectives based on a horizontal concept of labour relations and the direct involvement of workers in decision-making. Blackham, Inversi and Rogowski go even further and reflect on the role of social and relational dynamics in regulating working conditions using the normative tools offered by reflexive law theory. The regulation of working conditions is thus discussed in the light of the limits of the law and, in parallel, of the often insufficiently explored role of non-legal regulatory sources, such as work councils, collective bargaining, or management practices.
Through this multiplicity of doctrinal points of view, Theorising Labour Law in a Changing World offers epistemological tools to deconstruct and then reconstruct labour law, going beyond the paradigms and objectives proposed by the prevailing and traditional approach to the subject.
Finally, the value of inclusivity also emerges from the method by which the editors have chosen to address the themes discussed. It is a collective work, involving authors who are experienced and authoritative but at the same time open to dialogue, confrontation and debate. No single theory and reflection prevails over the others. The various contributions are proposed in the manner of a chorus, almost like a concert, rich but never dissonant, of ideas and proposals. This approach is also reflected in the format of the publication, which alternates essays and commentaries, and also includes an engaging conversation between two of the authors.
As in the opening of this review, Theorising Labour Law in a Changing World can thus be connoted with three adjectives.
‘Modern’, as the book seeks normative paradigms to deal with the contemporary and future challenges of labour law. The issues raised by the prevailing market rationale, as well as the crisis of trade union representation and the emergence of platform work are what bring the authors together in this collective reflection on how to rethink and improve labour law.
‘Eclectic’, as there is no presumption to outline a unique point of view, a unique approach, a unique solution. There are not absolute certainties, but numerous proposals that invite the reader to broaden the normative and doctrinal horizon by which to face the changing world of work.
Finally, ‘unconventional’. It is difficult to be constructive without breaking out of traditional canons, pre-established truths and prevailing viewpoints. Stepping out of the conventional is perhaps risky, but it can be a noble and necessary act. This publication convinces the reader that creating a fairer and more inclusive world of work requires new ways of thinking.
In conclusion, Theorising Labour Law in a Changing World is a rich, innovative and, therefore, indispensable book for all those who want to broaden their view of labour law and obtain intellectual tools to participate in the construction of a more inclusive and, therefore, better future.