Should the regulation of production and distribution in a socialist society be based on the law of value? In this article we ask (1) Is this question not based on an ontological understanding of labour, on a rational and therefore conceptual understanding of abstract labour and, ultimately, a transhistorical understanding of value and the so-called ‘law of value’?; (2) is it not precisely this deception and power of the fetishism of commodities that, by eternalising value and the ‘law of value’, (...) limits the horizon and perspective of ‘realistic politics’ (Realpolitik)?; and (3) whether this question does not treat socialism as a political situation where the solution to its ‘economic’ problem is unrelated to its very identity? In order to answer these questions, we provide a novel understanding of Marx’s fundamental category of value, its substance, form and magnitude, with the help of the German expression Formgehalt, translated as form-content. (shrink)

Following the eclectic itineraries of ‘Near East’ expert, R. M. Graves, this article tells a story of an ongoing Nakba (catastrophe) of small and large legal decisions. Without reducing the human catastrophe of the event of the Nakba (the 1948 Palestinian forced exodus), it engages with it as a legal event that crosses (in this story at least) from Cairo to Jerusalem, from the League of Nations’ era (1920–1946) to the United Nations’ era (1945–), from the governance of labour and (...) gender, to labour partition, and finally to the governance of municipalities through law and expertise. Graves’ relationship to both Cairo and Jerusalem was materialized through different forms of affective legal governance. Graves, who in his own dichotomous words was ‘neither a Zionist nor an anti-Semite’, managed Jerusalem across national lines in the wake of the UN Partition Plan (1947), and as the old empire was withdrawing right before Jerusalem itself became a site of the catastrophe—right before the Nakba. (shrink)

The question of who is covered by labour law is highly contested and often debated. This article addresses several problems related to the coverage question, and employs some novel concepts as an aid to better understand and analyse these problems. It begins by explaining the different aspects of labour law coverage and how all the branches of government are involved in setting it. It is then argued that we are currently facing a major coverage crisis in labour law. The concepts (...) of universalism and selectivity, long used in the welfare state literature to describe possible methods for the delivery of benefits in terms of their coverage, are introduced and adapted to the labour law context. The article then proceeds to make several arguments by using this new framework. Firstly, a descriptive-historical argument: during the 20th century there was a development from selectivity to universalism in labour law, and then back to selectivity of a different kind . Secondly, a normative argument: a balance must be struck between universalism and selectivity. Several proposals are offered to assist in achieving a better balance compared to the current situation in many countries. Finally, a critical argument: some proposals to ‘expand’ labour law beyond the confines of the employment relationship are considered, showing the dangers of extreme universalism. (shrink)

Forty years ago Amartya Sen delivered his Tanner Lecture, 'Equality of What?', in which he introduced to the world a novel approach to the idea of equality by way of the notion of 'basic capability' as 'a morally relevant dimension'. We can now see with hindsight that Sen's argument - that we should focus upon equality of basic capabilities ('a person being able to do certain basic things') - launched what has become an academic armada now proceeding under the flag (...) of 'the capability approach'. While that flag has ventured far and wide and engaged many area of inquiry, this volume of essays is the first to explore how the capability approach (the CA) might shed light upon labour law. Three dimensions of the CA's potential for illuminating labour law are examined. Part I enquires into 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. (shrink)

This replies to Block 2019 (B19), which responds to Lester 2014 (L14). The main issues in the, varyingly sized, sections are as follows. 1 Further explanations of critical rationalism, the theory of liberty, and problems with the non-aggression principle. 2.1 The relationships among law, morality, and libertarianism. 2.2 The objective invasiveness of low-level radiation and that it is therefore an initiated imposition (albeit trivial) if someone inflicts it on non-consenting people. 2.3 The objective and subjective aspects of initiated impositions; and (...) how clashes can be resolved. 2.4 How liberty relates to risk and self-ownership. 2.5 Libertarian initial acquisition versus absolute property rights by labour-mixing. 2.6 Organisational note. 2.7 Libertarianism and mens rea. 2.8 Libertarian rectification versus lex-talionis doubling. 2.9 Indirectly clashing rights, self-preservation, trespasser-hiker, flagpole-grasper, and landmine-layer. 2.10 A logical point is not a moral point. 2.11 Pacifism and libertarianism. 3.1 A weak criticism of utilitarianism. 3.2 Hedonometers; approximate interpersonal comparisons of utility imply libertarianism; what a libertarian is; libertarian rankings. 4. Libertarian philosophy versus propertarian dogma. Coda: the need to take seriously the philosophical problems with propertarian-justificationist libertarianism. (shrink)

This Paper suggests that the answer to the question “what is domestic labor law for?”—commonly regarded as securing “justice against markets” or a justified tax on market activity—has informed the search for the answer for the question “what is international labor law for.” This is reflected in what this Paper refers to as P2, which provides that “the failure of any country to adopt humane conditions of labor is an obstacle in the way of other nations which (...) desire to improve the conditions in their own countries.” P2 envisions a “race to the bottom” by rational states trapped in a Prisoner’s Dilemma game. The author maintains that this cannot be the objective of ILO which cannot stop “the race” given its deficient enforcement mechanisms to ensure compliance. This Paper suggests an alternative raison d’etre for the ILO, which is called P1, namely social justice: “universal peace can only be established if it is based upon social justice.” P1 reflects what states actually seek to achieve. Following Sen, this Paper suggests that there is no tradeoff between social justice and economic efficiency. Therefore the promotion of labor rights by the ILO will contribute both to social justice and to economic success. Thus the ILO should promote international labor law so as to lead member states to pursue their self-interest which is consistent with the collective goal of humanity. (shrink)

We observed that despite international declarations on child-rights, outsourced domestic girl-child labour still persists. Raising the question whether outsourced domestic girl-child labour constitutes hermeneutical injustice, we respond affirmatively. Relying on two indigenous victimology-narratives that are newspaper reports, we expose some of the horrors that the victims of outsourced domestic girl-child labour suffer. Comparing these reports with other victimology-narratives of hermeneutical injustice as reported by Miranda Fricker and Hilkje Hänel, we argue that the victims of outsourced domestic girl-child labour suffer a (...) hermeneutical gap and hermeneutical interference; and that the perpetuators of this practice, help to foster what we call ‘hermeneutical obstruction’. We recommend different counteracting measures such as: a radical feminization of educational curricula, which will allow for the introduction of the relevant hermeneutical resources that female children need in making sense of their experiences, into the classrooms and other places of learning; establishing feminist liberation agencies in all schools, religious institutions and hospitals, as ways of increasing the level of awareness about the rights of the girl-child in children and adults; feminizing legislation and legislative processes, to allow for the enactment of laws to protect the rights of the girl-child; and campaigning for a more rigorous enforcement of child-rights laws. (shrink)

The article examines the main meanings of the concept of “social philosophy” and reveals three such meanings. First, social philosophy presents the views of a particular thinker on society and its nature. Second, social philosophy is the study of the most general laws of development of nature and society. Third, social philosophy is a value- worldview analysis of the most urgent and complex problems of social development, including philosophical criticism of the prevailing ideas in this society (...) and the search for constructive value alternatives. The author adheres to the third approach to understanding the meaning of social philosophy and gives two examples of socio-philosophical work: 1) analysis of the problem of labor in Russia in the context of the dominance of the theory of ‘catching up’ modernization; 2) analysis of the problem of democracy in the context of prevailing ideas about the inevitability of political authoritarianism as the main path of development of Russian civilization. (shrink)

This Article contrasts two views of the relationship between the fields of work law and private law. The “internal” view, propounded by Hanoch Dagan, would bring work law into the domain of private law by recentering the latter, including property law, around liberal values of reciprocal respect for autonomy. The “external” view locates the law of work in an overlapping but distinct domain that we might call “social law,” where it operates as a set of externally imposed conditions on the (...) activity of employing others. When workers’ rights and interests come into conflict with those of owner-employers, the two views face off on the constitutional terrain of takings. In principle, the internal view might afford a better defense against takings challenges to laws that constrain property owners’ entitlements in the interest of those who work there, for it would redefine the former to reflect the latter. The external view relies more on takings law than property law to accommodate others’ interests when they conflict with traditional property rights. Unfortunately, the U.S. Supreme Court’s recent decision in Cedar Point Nurseries v. Hassid deals a heavy blow to both views. Its neo-Blackstonian conception of property rights rejects the notion that property law itself recognizes workers’ interests and entrenches that conception of property rights within the constitutional law of takings, sharpening the takings sword against social law’s regulation of property rights in the interest of others, including workers. Cedar Point thus underscores and magnifies the challenges that modern U.S. takings law, with its constitutional definition of property rights, poses to the advancement of workers’ rights, whether those are understood as internal or external to property law. (shrink)

Labor law was traditionally a domestic project, defined on the basis of a geographic territory or a synthetic community; its norms were determined by the state and applied to employers and workers who resided within the state. Commonly, labor law is administered on a territorial basis, applies to incoming workers, and stops at the borders in respect of other states' sovereignty when capital migrates. Globalization affects the background in which labor law operates, including the increased interdependence of (...) markets, the constitution of communities that transcend national borders, and the development of institutions outside and within the nation-state, which displace the locus of regulation from the traditional state level. De-territoriality claims that territory and sovereignty should be understated within the dominion of labor law in order to correct a deep structural imbalance in labor markets. This imbalance was not created by globalization, and as long as it appeared in a consistent yet bounded manner in each and every state, labor law's project was rendered possible by territorial arrangements. With the process of globalization, the territorial solutions previously created within labor law are no longer adequate. When territoriality is adhered to, migrating workers receive partial protection, while migrating capital can easily choose its most convenient forum as a means, inter alia, of undermining labor law's protection to workers. De-territorialization seeks to restore the original intent of labor law's project, which is to level off the distinct strategies that are available to labor and capital in a globalized labor market. (shrink)

The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic (...) changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples for the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered. (shrink)

The National Labor Relations Act of 1935 has been widely portrayed as an anachronistic piece of legislation that needs to be reformed or abandoned. In the absence of reform, many US labor unions try to avoid the NLRA process altogether by organizing workers outside the confines of the law. But Somos un Pueblo Unido, or “Somos,” a worker center in New Mexico, has been using a novel interpretation of the NLRA less to boost union density than to develop (...) an alternative to contract unionism. By helping nonunionized workers use Section 7 of the NLRA to act concertedly in their own defense, I argue, Somos is combating employer abuse, in the short run, and demonstrating that worker centers and their memberships may be transforming the US labor movement, in the long run. Their experiences illustrate the ability of organizations to redeploy existing institutional resources with potentially transformative results. (shrink)

One of the problems the institutional crisis of philosophy is facing in Romania is the difficulty of philosophy graduates to find a suitable place on the complex labor market. The article attempts to elucidate whether philosophy graduates subsequently teach what they study during their university education and to find solutions for a better integration on the labor market of these graduates. An important part of the article is dedicated to analyzing the institutional offer vis-à-vis the (...) challenges that philosophy graduates face once they are attempting to find a job on the labor market. From our analysis we conclude that there is no direct connection between the diversity of jobs among philosophy graduates and the courses that they took during their university studies. (shrink)

This comment on Brian Langille's article agrees with Langille's claim that inter-state competition should not be viewed as the main challenge to the global efforts to regulate labor rights. The comment suggests, however, that there is another type of competition that poses a challenge, namely a transnational competition which takes place among sub-state actors. Focusing on this "transnational conflict paradigm," the ILO has the tools to engage domestic constituencies in an effort to promote labor rights within the respective (...) member states. (shrink)

An instrument of wealth accumulation and racial segregation in housing markets, the intersections between zoning and labor are often overlooked. Extending theories of space, race, and class, and drawing on historical and archival evidence, I elaborate three ways that American land-use zoning emerged to shape labor markets in the early 20th century: (1) zoning constrained households from engaging in subsistence and direct market activity, acting as a regulatory source of labor commodification; (2) zoning first emerged as a (...) xenophobic tool for regulating labor competition; and (3) zoning introduced racialized boundaries distinguishing formal work from a sphere of economic informality. I illustrate these theoretical-historical propositions with a study of the frontier origins of American land-use zoning laws in late-19th -century Los Angeles. This first and influential approach to residential zoning emerged amid racial dynamics of western settlement and the class politics of a national “free” labor market. I demonstrate how efforts to regulate the settlement and labor practices of poor urban households and Chinese immigrants on in Los Angeles became the direct legal basis for the dichotomous categories of “residential” and “industrial” districts that the city first defended before the U.S. Supreme Court in 1915. By theorizing the intersections of land-use zoning and labor markets, this paper provides a theoretical framework and historical genealogy for future work to consider entanglements of housing and labor politics amid the concurrent flexibilization of work and land use in the present. (shrink)

The article discusses the works of Samara researchers T.N. Sosnina and L.B. Chetyrova in the field of the philosophy of labor. The analysis is carried out in the context of the need to resolve the socio-epistemological situation of the “death of labor” and to rethink the content of the concept of labor. T.N. Sosnina opened this thematic field of research in Samara in the 1970s with the development of philosophical theory of the subject of labor. (...) As a result, the proper activity of the subject of labor was explained, the subject of labor in the system of spiritual production was singled out, and the prospect of a broad interpretation of labor activity that would include spiritual and managerial components was outlined. Methodological potential of the theory of the subject of labor was further used in the framework of noosphere paradigm approach for the analysis of material production flows and life cycles of the formation of products of nature and society. Taking into account the activity of means and subjects of labor, T.N. Sosnina presented the picture of the world as a universal cooperation. L.B. Chetyrova, discussing historical and cultural panorama of conceptions of labor, interpreted labor as a spiritual and practical activity. Obvious diversity of spiritual culture of the society naturally determines plurality of labor interpretations. Of particular interest is the analysis of the labor concept from the position of linguoconceptology as well as from the prospect of the images of labor in the history of mythology, religion, philosophy, and other worldviews. The Samara philosophy has answered the intellectual challenge of the concept the “death of labor,” proposing pan-ergonism – a worldwiew asserting the totality of labor. This worldview ontologizes the concept of the “labor of the being” and continues the tradition of ergodicy, various versions of which were developed by thinkers of the Silver Age of Russian culture. (shrink)

Nietzsche’s attitude toward science is ambivalent: he remarks approvingly on its rigorous methodology and adventurous spirit, but also points out its limitations and rebukes scientists for encroaching onto philosophers’ territory. What does Nietzsche think is science’s proper role and relationship with philosophy? I argue that, according to Nietzsche, philosophy should set goals for science. Philosophers’ distinctive task is to ‘create values’, which involves two steps: (1) envisaging ideals for human life, and (2) turning those ideals into prescriptions for (...) behaviour and societal organization. To accomplish step (2), philosophers should delegate scientists to investigate what moral rules and social arrangements have best advanced this ideal in the past or might in the future. (shrink)

In recent years, there has been tremendous growth of interest in the connections between law and philosophy, but the diversity of approaches that claim to be working at the intersection of these disciplines might suggest that this area of inquiry is so fractured as to be incoherent. This volume gathers leading scholars to provide focused and straightforward articulations of the role that philosophy might play at this juncture of the history of American legal thought. It marks the seventy-fifth (...) anniversary of Karl Llewellyn's essay 'On Philosophy in American Law' in which he rehearsed the broad development of American jurisprudence, diagnosed its contemporary failings and then charted a productive path opened by the variegated scholarship that claimed to initiate a realistic approach to law and legal theory. It is written in the spirit of Llewellyn's article: they are succinct and direct arguments about the potential for bringing law and philosophy together. (shrink)

Karl Llewellyn and the course of philosophy in American law -- Philosophical perspectives on law -- Areas of philosophy and their relationship to law -- Philosophical examinations of legal issues -- Law, rhetoric, and practice theory -- Commentaries-- Questioning the relationship between philosophy and American Law.

Mild and moderate mental illnesses can hinder labor force participation, lead to work interruptions, and hamper earning potential. Targeted interventions have proven effective at addressing these problems. But their potential depends on labor protections that enable people to take advantage of these interventions while keeping jobs and income.

This is the second volume of Oxford Studies in Political Philosophy. Since its revival in the 1970s political philosophy has been a vibrant field in philosophy, one that intersects with jurisprudence, normative economics, political theory in political science departments, and just war theory. OSPP aims to publish some of the best contemporary work in political philosophy and these closely related subfields. The papers in this volume address a range of central topics and represent cutting edge work (...) in the field. They are grouped into three main themes: ideal theory, the moral assessment of states, and issues in social reliations. (shrink)

What's the best way to raise good citizens – individuals who will do the right thing even in the most challenging of circumstances? I argue that philosophy has an important role to play.

Learn to understand the major issues, theories and problems at the heart of philosophy and watch hard-to-grasp concepts come to life.

From Descartes to designer babies, The Philosophy Gym poses questions about some of history's most important philosophical issues, ranging in difficulty from pretty easy to very challenging. He brings new perspectives to age-old conundrums while also tackling modern-day dilemmas -- some for the first time. Begin your warm up by contemplating whether a pickled sheep can truly be considered art, or dive right in and tackle the existence of God. In this radically new way of looking at philosophy, (...) Stephen Law illustrates the problem with a story, then lets the argument battle it out in clear, easily digestible and intelligent prose. This perfect little mental health club is sure to give each reader's mind a great workout. (shrink)

Is there a God, should I eat meat, where does the universe come from, could I live for ever as a robot? These are the big questions readers will be wrestling with in this thoroughly enjoyable book. Dip into any chapter and you will find lively scenarios and dialogues to take you through philosophical puzzles ancient and modern, involving virtual reality, science fiction and a host of characters from this and other planets. The text is interspersed on every page with (...) lively cartoons, and there is a list of philosophical jargon at the end.. Stephen Law has a gift for communicating complex ideas. He offers few answers, but his unstuffy, highly personal approach will have the reader thinking and arguing with as much pleasure as he does himself. (shrink)

El objetivo de esta presentación es establecer una relación entre el ciclo de la labor, conceptualizado por Arendt en La condición humana, y el campo de concentración. Se parte de la clara alusión de Arendt, en donde argumenta que lo que se busca en el campo de concentración, es la construcción de un animal que sólo tenga la “libertad” de “reproducir su especie”. Dichas características están insertas en el animal laborans que también pareciera ser la cifra del homo sacer (...) de Giorgio Agamben. Esa institución del derecho romano arcaico, según los desarrollos de Agamben, permite entender al interno del campo de concentración. El animal laborans se puede encontrar en las prácticas que se desarrollan en el campo. La labor y el consumo forman parte fundamental de una estrategia de supervivencia y modulan, en forma definitiva, la diferencia entre el futuro sobreviviente y el musulmán. Vida y muerte son moduladas por lalabor y por el consumo. El ciclo de la labor crea sujetos, crea posibilidades. Esas estrategias, a través de la labor y del consumo, permiten visualizar que la supervivencia puede ser leída con la grilla de inteligibilidad del homo oeconomicus, es decir, un sujeto de interés empresario de sí mismo, que se gobierna a sí mismo como una posesión, y que, por ende, puede ser entendido como un sujeto gobernable. El sobreviviente hace un trabajo sobre sí mismo para poder sobrevivir, educarse para subsisitir y no caer en la selección. El homo oeconomicus del neoliberalismo puede permitirnos entender la vida dentro del campo y, por ende, puede ser la cifra del homo sacer a través de su condición del animal laborans. (shrink)

A vast amount of empirical research has been compiled on labor laws yet more is called for in view of the rapid changes occurring in this field. This article discusses the attempts to individualize the relationship, as well as make labor markets more flexible. A sociological perspective on the post-war situation viewed the industrial system as stable and self-adjusting. The article emphasizes the emergence of new data sources and methods and considers the role of theory in shaping the (...) empirical research agenda. Labor legislations only provide the structure within which collective bargaining would occur, while abstaining from directly influencing the outcome. This article reviews the state of the art on a number of substantive issues: the law governing collective labor relations; minimum wage laws; employment protection legislation; the operation of labor courts and alternative dispute resolution mechanisms; and the relationship between labor law and corporate governance systems. (shrink)

Seit Beginn der frühen Neuzeit ist das naturwissenschaftliche Verfahren maßgeblich durch ein neues Konzept geprägt: das Konzept des experimentellen, gestalterischen Eingriffs in die Natur. Es geht nun nicht mehr darum, eine Geschichte der "freien und ungebundenen Natur" (Bacon) zu erzählen, die in ihrem eigenen Lauf belassen und als vollkommene Bildung betrachtet wird. Es geht vielmehr darum, der "gebundenen und bezwungenen Natur" (Bacon) vermittels der experimentellen Tätigkeit des Menschen die Geheimnisse zu entreißen. Diese technisch-praktische Konzeption grenzt sich explizit von den klassischen (...) kontemplativen Wissenschaftsvorstellungen der Antike ab. Wie es Kant paradigmatisch in Bezug auf Bacon formuliert hat, ist diese "Revolution der Denkart" maßgeblich durch ein gewandeltes Verständnis des Verhältnisses des Menschen zur Natur geprägt. Der Mensch als Experimentator hat für Kant nicht mehr die "Qualität eines Schülers", der sich passiv von der Natur belehren läßt und an ihrem "Leitbande" (Kant) gegängelt wird. Seine neu gewonnene Autorität verleiht ihm vielmehr den Status eines Richters, der nun die Natur nötigen kann, auf gestellte Fragen zu antworten. Die Laborforschung der modernen Naturwissenschaft ist von den Formen der alten Naturwissenschaft so weit entfernt, daß sie den Vorwurf auf sich zog, sie untersuche Artefkakte, aber nicht Natur. Die grundlegenden Theorien über Natur können in der Regel nur unter den künstlichen Bedingungen des Labors aufgestellt werden. Daraus darf aber nicht geschlossen werden, die anhand von Laborphänomenen aufgestellten und getesteten Theorien handelten nicht von der Natur außerhalb der Labore. Aber ihrer exakten und detaillierten Anwendung auf Prozesse außerhalb der Labore stehen eine Fülle von Schwierigkeiten entgegen. Insofern markiert das Labor sehr wohl eine Grenze exakter Naturforschung, die für den Umgang der wissenschaftlich-technischen Zivilisation mit der Natur wichtige Konsequenzen hat. (shrink)

What’s Labor Got to Do with It? Capitalism and the Counterprojec.