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This open access book simultaneously addresses both the segmenting and the egalitarian function of individual labour law, in almost all countries of the world, in some chapters following up from its origin to the present. Its socio-legal approach fills gaps for sociological, legal and historical research of regulatory social policy. Labour law is dealt with both in qualitative (theoretical, hermeneutic and historical) and in quantitative manner (with the leximetrics method developing new ways to measure generosity and coverage of law). This is a groundbreaking contribution to regulatory social policy research. By indicating the relevance and the mechanisms of legal segmentation for labour market segmentation, unequal opportunities and social stratification it provides evidence for the assumptions that social segmentation does not only stem from market forces, but also from the law itself. Even the rising impact of egalitarian law cannot fully cope with legal segmentation. The book chapters place particular emphasis on the development in countries of the Global South.
List of contents
Chapter 1: Introduction: Constructing Worlds of Labour in the Context of Social Policy Research Introduction: Constructing Worlds of Labour in the Context of Social Policy Research.- Part 1: Legal Segmentation in Regulatory Social Policy: Concept, History, Measurement and Application.- Chapter 2: Legal Segmentation in the Global North and South:
Concept, Historical Emergence and Tentative Theoretical Explanations.- Chapter 3: Using Leximetrics for Coding Legal Segmentation in Employment Law:
The Development and Potential of the Worlds of Labour Dataset.- Chapter 4: Is the Standard Employment Relationship Undergoing a Revival?
Evidence from the 2023 Update of the CBR Labour Regulation Index.- Chapter 5: The Leximetric Methodology Applied to the Analysis of Legal Segmentation
in Labour Law: A Critical Appraisal.- Part 2: Development and Dissemination of Both Social Protecting and Segmenting Functions of Labour Law.- Chapter 6: Legal Segmentation of Work in Latin America. Colonial Origins and Evolution of Segmentation, Precarisation, Protection and Universalisation.- Chapter 7: Genesis and Forms of Standard Employment Relationships in Three European Ex-Colonial Powers and their Former Colonial Territories.- Chapter 8: The Evolution of Standard and Non-Standard Employment Regulation around the World A Sequence Analysis of Regulation Trajectories over Four Decades.- Chapter 9: The Development of Coverage and Generosity of Employment Regulation around the Globe.- Part 3: Towards a Socio-Political Paradigm Shift?.- Chapter 10: Beyond National and Global Labour Policy: The Future of Work and Employment Governance.- Chapter 11: Reflections on the Future of Legal Segmentation: Three Frontiers of Investigation.- Chapter 12: Conclusion and Outlook: Overcoming Segmentation Within Regulative Social Policy on a Global Scale.
About the author
Ulrich Mückenberger is Research Professor at University of Bremen, Germany and the Centre for European Law and Politics. He is the Principal Investigator in the project “Worlds of Labour”, in the DFG-CRC 1342 “Global Social Policy Dynamics”. His research covers European and international labour law, transnational industrial relations, welfare state and time policy developments in a European and global perspective.
Heiner Fechner is a Postdoctoral researcher in DFG-CRC 1342 "Global Social Policy Dynamics“, project "Worlds of Labour", University of Bremen, Germany. He is a legal scholar specialising in labour law, legal sociology and law & development.
Irene Dingeldey is Professor of Political Science and director of the Institute Labour and Economy at the University of Bremen, Germany. She is Principal Investigator in the project “Worlds of Labour”, DFG-CRC 1342 “Global Social Policy Dynamics”. Her research covers industrial relations, labour market and welfare state development in a European and global perspective.
Summary
This open access book simultaneously addresses both the segmenting and the egalitarian function of individual labour law, in almost all countries of the world, in some chapters following up from its origin to the present. Its socio-legal approach fills gaps for sociological, legal and historical research of regulatory social policy. Labour law is dealt with both in qualitative (theoretical, hermeneutic and historical) and in quantitative manner (with the leximetrics method developing new ways to measure generosity and coverage of law). This is a groundbreaking contribution to regulatory social policy research. By indicating the relevance and the mechanisms of legal segmentation for labour market segmentation, unequal opportunities and social stratification it provides evidence for the assumptions that social segmentation does not only stem from market forces, but also from the law itself. Even the rising impact of egalitarian law cannot fully cope with legal segmentation. The book chapters place particular emphasis on the development in countries of the Global South.
