Private Law Theory

John Gardner, The Contractualisation of Labour Law and Hugh Collins, Is the Contract of Employment Illiberal?, both in Philosophical Foundations of Labour Law (Collins et al, eds, 2019). Both of the first two chapters of this new edited volume … grapple with the structure of employment relationships and how they relate to their legal form. (We are lucky to have had another important recent treatment of this question by Elizabeth Anderson in Private Government (2017).) John Gardner does not ask precisely the question of my title, but he does offer an answer to it. Gardner is primarily critical of a trend toward what he sees as the contractualization of labour, which he regards of a more general trend toward the contractualization of relationships generally …” (more)

[Aditi Bagchi, JOTWELL, 12 July]

First posted 2019-07-13 11:27:49