Search results

In his work Homo Juridicus, Alain Supiot considers the construction of legal personality by force and virtue of law as a precondition for human liberty. Michel Foucault views this same construction of legal personality – the construction of the subject through strategies of power, he calls it – as a ‘construction’ of liberty that is considerably less free than it is made out to be by the Enlightenment law reform projects proposed by Cesare Beccaria and other prominent eighteenth century law reformers. Foucault’s scepticism vis-á-vis Beccaria and others evidently also implies a critical stance vis-á-vis contemporary humanist understandings of law such as Supiot’s. This chapter will endeavour to explain what is at stake in the difference between these very different conceptions of legal personality by relating it to the problematics of subjectivity that came to the fore in the thinking of Hegel and the German Idealists.

States that although the “contractualization” of social law appears not to have had an effect on the UK this is incorrect, as the UK is affected by an opposite type of trend. Further explains how the European Union directives have led to a proliferation of “statutory laws”, which have had an effect on companies. Questions the democratic legitimacy of certain attempts at contractualization as there needs to be two parties in negotiation for social law to be satisfied.

This chapter studies a political rationale by which colonial law forged socially assigned individuals as criminally accused persons. Focussing on archived documents of a preliminary examination that took place in 1883 in the North West Territories (now Alberta), it highlights how an accused person was moulded as a culpable individual. Arranged by a justice of the peace, and member of the North West Mounted Police, the investigation in this case reveals how colonial law unleashed an individualising force that obscured power relations behind the settlement it aimed to further. The unequal ways in which certain distinctions of person were legally recognised and individualised may be traced to long-standing western uses of social hierarchies as ‘masks’ from which law unequally recognised persons. Challenging such approaches to personhood, the analysis works off Naffine’s ‘legalistic’ ideas of persons as fictions, calling for a retelling of the fictions around accused persons. By pointing out the possibility of accusing relational rather than individual constructions, it concludes with a brief insinuation of legal forms directed at ‘collective persons’, interrupting a key political logic of colonial criminal law with allied promises of social justice beyond colonisation.

The chapter elaborates a critical theoretical narrative about the political economy of European capitalism. It illustrates how precariousness has been exacerbated by the impact of the global financial crisis and the emergence of a new system of European governance. Theoretical accounts in the sociology of work and labor studies have demonstrated the complexity of the outcomes and widely discussed the role of national labor market institutions and employment policies and practices, political ideology, and cultural frameworks impinging upon precarious work as a multidimensional concept. The chapter’s core concern is to illustrate how shifts in power resources, and particularly the weakening and deinstitutionalization of organized labor relative to capital, has acted as a central social condition that has brought about precariousness during the years leading up to and following the 2007–2008 crisis. In so doing, the chapter aims to overcome the existing theoretical accounts of precariousness which have often been limited by one or another variant of “methodological nationalism,” thereby exploring the transnational apparatuses that are emerging across national economies to date, and which impinge upon the structures and experiences that workers exhibit in an age of growing marketization.

Investigates what is happening in North America with regard to labour relations law. Examines, first, collective labour relations and labour law and, second, focuses on the legal regulation of the individual relationship, also known as employment law. Goes on to cover these two separate, but intertwined, entities in depth and as they are interpreted in both Canada and the USA. Concludes that labour law is changing and moving toward contractualization and proceduralization. Wonders whether labour law will be able to continue to play the role of protecting wage earners for which it was originally developed.

1. En guise d’introduction.‐ 2. Droit du tra vail, droit social et (des)ordre international.‐ 3. Droit du tra vail, droit social, légalité et droits sociaux.‐ 4. Droit du travail, droit social, légalité et correction des inégalités.‐ 5. Quelques mots á propos du rôle du Droit dutravail.‐ 6. Réflexions (supplémentaires) sur le droit du tra vail: les domaines possibles de spéculation théorique et de re cher che appliquée.‐ 7. En matière des orientations générales du droit du travail á l’époque contemporaine. ‐ 8. Le défi de la mondialisation.‐ 9. èour un modèle économique et so cial européen.‐ 10. A propos de Constitution européenne et ..... alentours.‐ 11. Le traitement juridique de la ques tion économique et sociale en Eu rope.‐ 12. Le mythe de la li bre concurrence.‐ 13. Quelques conclusions, pas conclusives.‐

Corporate social responsibility (CSR) is an emerging field whose norms are still being written and rewritten. The concept of CSR as we know it today¹ started in the United States in the 1970s and 1980s and slowly spread to other developed countries in the 1980s and 1990s. The French for corporate social responsibility is Responsabilité sociale de l'entreprise (RSE), a nearly literal translation which however diverges to some extent from the original English. The concept is still unclear despite having been the subject of an increasing number of academic and professional papers, in management as well as in law journals. In the present study, we shall use the definition as set by the European Commission (2001), which defines it as ‘a concept whereby companies integrate social and environmental concerns in their business operations and in their interaction with their stakeholders on a voluntary basis’. The European Commission in its Communication to the Parliament (2006) has stressed the fact that ‘it is about enterprises deciding to go beyond minimum legal requirements and obligations (our emphasis) stemming from collective agreements in order to address societal needs’. The second part of the definition is often omitted, but is at the crux of the problem of determining where CSR begins and ends. Corporate practices which involve ethical, social or environmental problems are defined as CSR practices only if companies go above and beyond their legal obligations. It should also be noted that the definition does not specify which guidelines to take into account in order to identify the standards to be applied in any given circumstances.

Adopting an intra-organizational viewpoint is essential to grasp legal intermediation. To deepen our understanding of such phenomena, this chapter proposes a qualitative and “multi-level” approach drawing on insights from the neo-institutional literature, policy ethnography analysis and the research on legal intermediaries. Such a perspective is particularly suited to capture the complexity and the depth of institutional change. Using the 12-hour work legal mechanism of derogation in the context of French public hospitals as an example, this chapter highlights how both macro-level actors (actors of a “reform network”), and micro-level ones (hospital directors) contribute to the shaping and framing of legality in French public hospitals. Results show that variation in how those actors use law depends on the local configuration. Second, results demonstrate that the legal games they play are not merely based on symbolic and superficial compliance with the law, but also on outright manipulations and conscious rule-breaking.

This study sets out to shed light on those infrastructures underlying the ubiquitous, yet contested nature of governing by numbers. Investigating the 30-year long emergence of Germany’s “external quality assurance system” for hospitals, the authors show how methods for quantifying quality align with broader institutional and ideational shifts to form a calculative infrastructure for governance. Our study focuses on three phases of infrastructural development wherein methods for calculating quality, institutions for coordinating data and reform ideals converge with one another. The authors argue that the succession of these phases represents a gradual layering process, whereby old ways of enacting quality governance are not replaced, but augmented by new sets of calculative practices, institutions and ideas. Thinking about infrastructures as multi-layered complexes allows us to explore how they construct possibilities for control, remain stable over time and transform the fields in which they are embedded. Rather than governance being enacted according to a singular goal or value, we see an infrastructure that is flexible enough to support multiple modalities of control, including selective intervention, quality-based competition and automatized budgeting. Infrastructural change, instead of revolving around crises in measurement, is shaped by incubation periods – times of relative calm when political actors, medical practitioners, mathematicians, and many others explore and reflect past experiences, rather than follow erratic reforms fads. Finally, analysing infrastructures as multi-layered constructs underlines how they produce multiple images of care quality, which not only shift existing power relations, but also change the ways we understand and make sense of public services.