In this chapter, a comparative analysis with fuzzy sets is used to examine the patterns and transfer of a segmenting labour regulation concept—understood as a configuration of legal norms establishing the Standard Employment Relationship, the SER—for three European colonial states and twelve of their African colonial territories, during the period of colonisation. The results show three different paths to the SER for the European colonial states Germany, France and UK from 1880 to 2021, depending on the respective labour law culture or paradigm. The transfer of SER configurations to the colonies by the respective European colonial power does not show a clear and systematic pattern. In some colonies changes reflecting the respective SER configuration can be identified according to the respective colonial rule and the duration of occupation. All in all, the results confirm that the colonial powers did not systematically transfer segmenting legal concepts to other parts of the world, in this case Africa, during the period of occupation.

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Genesis and Forms of Standard Employment Relationships in Three European Ex-Colonial Powers and Their Former Colonial Territories

  • Ulrich Mückenberger,
  • Andrea Schäfer

摘要

In this chapter, a comparative analysis with fuzzy sets is used to examine the patterns and transfer of a segmenting labour regulation concept—understood as a configuration of legal norms establishing the Standard Employment Relationship, the SER—for three European colonial states and twelve of their African colonial territories, during the period of colonisation. The results show three different paths to the SER for the European colonial states Germany, France and UK from 1880 to 2021, depending on the respective labour law culture or paradigm. The transfer of SER configurations to the colonies by the respective European colonial power does not show a clear and systematic pattern. In some colonies changes reflecting the respective SER configuration can be identified according to the respective colonial rule and the duration of occupation. All in all, the results confirm that the colonial powers did not systematically transfer segmenting legal concepts to other parts of the world, in this case Africa, during the period of occupation.