Advancing workers' rights
In: International union rights: journal of the International Centre for Trade Union Rights, Band 16, Heft 2, S. 24-24
ISSN: 2308-5142
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In: International union rights: journal of the International Centre for Trade Union Rights, Band 16, Heft 2, S. 24-24
ISSN: 2308-5142
In: Cross-national research papers
In: New series, The implications of 1992 for social policy 5
In: The world guide: a view from the south, S. 51
ISSN: 1460-4809
In: Socialism and democracy: the bulletin of the Research Group on Socialism and Democracy, Band 16, Heft 2, S. 232-233
ISSN: 0885-4300
In: Labour research, Band 84, Heft 3, S. 26
ISSN: 0023-7000
In: Labour research, Band 75, S. 10-12
ISSN: 0023-7000
We live in an increasingly polarized world: one summed up by President Clinton, "we're all in this together;" the other summed up by then-presidential candidate Trump, "I alone can fix it." These world views have implications for workers and how the future workplace is ordered. In this Article, I explore the idea that a natural human rights approach to workplace regulations will tend to favor the we're-all-in-this-together view, whereas the Lochnerian or neo-liberal view tends to favor an individualistic world view. The Article's six-step analytical approach starts with a historical analysis of labor law jurisprudence, concluding that U.S. labor laws must be filtered through a law-and-economic lens of U.S.-styled capitalism to predict the outcomes of legal disputes and to expose human rights infirmities inherent to that approach. In step two, I explore T.H. Marshall's account of citizenship, concluding that Marshall's rights-based rubric is too limited to fully explain workers' rights, which tend to cut across the full gamut of human rights. In step three, I expand upon Marshall's work to build a framework for evaluating workplace laws based on the worker as a citizen of the labor force who has human rights. I do this using two methodologies: (1) comparative legal analysis between U.S. law and international human rights standards; and (2) jurisprudential analysis of fundamental values within a rights-based framework. In step four, I modify John Rawls's famous thought experiment to include a veil of empathy. In that modified experiment, I conclude that participants in the original position behind a veil of empathy would generate values underlying human rights, namely autonomy (to become part author of one's work life) and dignity (to be treated as a person always as an end and never merely as a means). In step five, I apply this human rights approach to show that workers' and employers' interests conflict at the interests-level and, more fundamentally, at the values-level. I conclude that these conflicts are primarily over the distribution of that which labor and capital create. This distributional question is fundamental a question of moral and political justice, which will and does have real political consequences. In step six, I set forth a path along which this research project should explore.
BASE
In: Working USA: the journal of labor & society, Band 2, Heft 6, S. 57-66
ISSN: 1743-4580
How to put the labor movement back at the center of American political culture.
In: Working USA: the journal of labor & society, Band 8, Heft 4, S. 512-516
ISSN: 1743-4580
In: Canadian public policy: Analyse de politiques, Band 10, Heft 2, S. 235
ISSN: 1911-9917
In: Democratizing Inequalities, S. 46-65
In: China perspectives: Shenzhou-zhanwang, Heft 2/86, S. 18-26
ISSN: 2070-3449, 1011-2006
In the absence of trade union freedoms, "NGOs" have emerged to defend migrant workers' rights. This article takes a close look at the mobilisation of such organisations, assesses their short-term impact, and examines their role in China's political system. NGOs display a new form of activism based on pragmatic positioning and technical knowhow, especially in legal matters, all the while testing political boundaries. While such organisations act as a real counterweight within the system whose dysfunctions they seek to correct, their mobilisation is struggling to become institutionalised. They thus reflect the growth of a social form of democracy that helps the authoritarian system adapt, and hence contributes to preserving it. (China Perspect/GIGA)
World Affairs Online
In: 71 U. Miami L. Rev. 565 (2017)
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