TY - JOUR
T1 - The goals of regulating work
T2 - Between universalism and selectivity
AU - Davidov, Guy
PY - 2014/1/1
Y1 - 2014/1/1
N2 - What are the goals of labour and employment laws? For purposes of reforming, interpreting, and defending such laws, it is important to articulate their goals. This article is concerned with the general goals of regulating work relations (i.e., goals shared by different regulations in this field) at the level of normative justifications. The various goals mentioned in the literature are reviewed and discussed. It is argued that these goals can be classified on a continuum between selective (in the sense of intending to help a specific group - employees) and universal (goals which are seen as advancing the interests of society at large and employers as well). It is argued that a trend can be identified, in recent years, away from selective and toward universal articulations of goals. The difficulties with this trend are then exposed.
AB - What are the goals of labour and employment laws? For purposes of reforming, interpreting, and defending such laws, it is important to articulate their goals. This article is concerned with the general goals of regulating work relations (i.e., goals shared by different regulations in this field) at the level of normative justifications. The various goals mentioned in the literature are reviewed and discussed. It is argued that these goals can be classified on a continuum between selective (in the sense of intending to help a specific group - employees) and universal (goals which are seen as advancing the interests of society at large and employers as well). It is argued that a trend can be identified, in recent years, away from selective and toward universal articulations of goals. The difficulties with this trend are then exposed.
KW - Employment law
KW - Labour law
KW - Normative justifications
KW - Purposive interpretation
KW - Universalism
UR - http://www.scopus.com/inward/record.url?scp=84893137934&partnerID=8YFLogxK
U2 - 10.3138/utlj.0115
DO - 10.3138/utlj.0115
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AN - SCOPUS:84893137934
SN - 0042-0220
VL - 64
SP - 1
EP - 35
JO - University of Toronto Law Journal
JF - University of Toronto Law Journal
IS - 1
ER -