The examination of the legal constitution of work serves as a preamble to discussion of the three frontiers of segmentation that follows. Beyond labour market work examines the significance of work at the margins or beyond the labour market, highlighting how such work is affected by—and even incorporated into—law, policy and official practice and marking the extent to which it remains normatively and practically connected to work in the market economy. Beyond labour standards identifies the adjudication of labour standards as itself a potential site of segmentation. It then takes up the legal foundations of bargaining power at work in more detail, making the case for the adoption of a broader ‘law of work’ in the analysis of segmentation. Drawing on a model already employed to taxonomise family law, it illustrates a range of ways in which rules and norms might indirectly as well as directly govern work. Beyond labour and social institutions explores the effects of the governance projects and interventions of the international financial institutions on the segmentation of work and the distribution of benefits and losses among workers, drawing by way of illustration on the segmenting effects of the policy and regulatory management of recent economic and epidemiological crises.

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Reflections on the Future of Legal Segmentation: Three Frontiers of Investigation

  • Kerry Rittich

摘要

The examination of the legal constitution of work serves as a preamble to discussion of the three frontiers of segmentation that follows. Beyond labour market work examines the significance of work at the margins or beyond the labour market, highlighting how such work is affected by—and even incorporated into—law, policy and official practice and marking the extent to which it remains normatively and practically connected to work in the market economy. Beyond labour standards identifies the adjudication of labour standards as itself a potential site of segmentation. It then takes up the legal foundations of bargaining power at work in more detail, making the case for the adoption of a broader ‘law of work’ in the analysis of segmentation. Drawing on a model already employed to taxonomise family law, it illustrates a range of ways in which rules and norms might indirectly as well as directly govern work. Beyond labour and social institutions explores the effects of the governance projects and interventions of the international financial institutions on the segmentation of work and the distribution of benefits and losses among workers, drawing by way of illustration on the segmenting effects of the policy and regulatory management of recent economic and epidemiological crises.