Collective labour disputes are inevitably related to the institutes of a dispute, since the employees and employers often fail to reach a consensus on a particular issue. Moreover, the employers do not always follow the agreed terms and conditions of the collective agreement. In order to disclose the problems of the settlement of collective labour disputes in Lithuania, it is necessary to analyse the conception and classification of the institutes of dispute, distinguishing the (...) conception of collective labour disputes, the procedure of settlement of such disputes, and possible methods of settlement with the emphasis on the institutes of a strike. This article also seeks to reveal the peculiarities of the cases that settle individual labour disputes, the subject of which at least partially includes the provisions of the collective agreement, and collective labour disputes regarding the legality of strike. (shrink)

Temporary labor migration constitutes a significant trend of migration movements within the European Union, especially after the 2004 and 2007 EU enlargements. However, compared to other forms of TLM, intra-EU TLM has received scant attention from normative theorists. By drawing on Iris Marion Young's conception of structural injustice, this article analyzes the injustice of TLM within the EU. It argues that purely rights-based approaches are deficient and that a structural injustice approach is needed. The latter sheds light on the formal (...) and informal processes that place EU temporary migrants in a condition of vulnerability and reveals the multiple individual and collective agents participating in such processes. Moreover, such an approach offers important insights into the agency of migrants by showing how they themselves reinforce structural processes that put not only individual temporary migrants but also similarly positioned migrants and other members of the sending and receiving countries in a vulnerable position. A structural injustice approach does not deny that intra-EU temporary labor migrants should enjoy the rights and entitlements that they currently have in the host country as European citizens. Nor does it dispute that reducing the vulnerability of temporary migrants may require “special rights” accommodating the specific nature of their life plans. Instead, though such rights may be necessary, a structural injustice approach demonstrates how they are insufficient to tackle the injustice of intra-EU TLM and other forms of temporary labor migration more broadly. (shrink)

A vast amount of empirical research has been compiled on labor laws yet more is called for in view of the rapid changes occurring in this field. This article discusses the attempts to individualize the relationship, as well as make labor markets more flexible. A sociological perspective on the post-war situation viewed the industrial system as stable and self-adjusting. The article emphasizes the emergence of new data sources and methods and considers the role of theory in shaping the empirical research (...) agenda. Labor legislations only provide the structure within which collective bargaining would occur, while abstaining from directly influencing the outcome. This article reviews the state of the art on a number of substantive issues: the law governing collective labor relations; minimum wage laws; employment protection legislation; the operation of labor courts and alternative dispute resolution mechanisms; and the relationship between labor law and corporate governance systems. (shrink)

A vast amount of empirical research has been compiled on labor laws yet more is called for in view of the rapid changes occurring in this field. This article discusses the attempts to individualize the relationship, as well as make labor markets more flexible. A sociological perspective on the post-war situation viewed the industrial system as stable and self-adjusting. The article emphasizes the emergence of new data sources and methods and considers the role of theory in shaping the empirical research (...) agenda. Labor legislations only provide the structure within which collective bargaining would occur, while abstaining from directly influencing the outcome. This article reviews the state of the art on a number of substantive issues: the law governing collective labor relations; minimum wage laws; employment protection legislation; the operation of labor courts and alternative dispute resolution mechanisms; and the relationship between labor law and corporate governance systems. (shrink)

The constitution of Pakistan contains wide range of provisions for the protection of labour rights. Pakistan has been bestowed with 70 labour laws along with 90 rules and regulations thereunder. In spite of these labour laws along with rules and regulations, labour force is facing multifarious challenges that posit direct threat to their legal recognised rights. In this regard this study was carried out to study the main hurdles that labour rights encountered in historical perspective. (...) Moreover, in the wake of devolution plan through 18th amendment to the constitution of Pakistan, what problems in respect of enforceability and legality have arisen? Labour laws promulgated in various Pakistani regimes have been discussed to figure out what really prevented successive governments to ensure minimum protection to labour strata of the nations. The article concludes with some recommendation that are sin-qua-non in current globalization where rights have emerged as the most sacred instruments in the hands of weaker portion of a society. (shrink)

Recent labor disputes between registered nurses and hospitals in Minnesota, California, and Pennsylvania raise moral questions about nurses’ professional obligations, nurses’ right to collectively bargain to preserve or improve wages, benefits, and working conditions, and patients’ right to medical care. Deontology and consequentialism focus too narrowly on nurses and patients, and thus ignore the nature of the healthcare community as a system of competing interests. When considered in this context, nurses’ strikes are shown to be consistent with this system (...) of competing interests, and thus are morally permissible. (shrink)

There is a growing interest in the study of negotiations in order to improve its value in helping to resolve conflict in a host of areas. Unfortunately, it has not been used sufficiently in handling some of the more difficult dilemmas in the field of civil rights. This paper attempts to analyze the evolution of collective bargaining and negotiations in the field of labor relations and makes historic comparisons between the contributions negotiations has made in labor relations and the (...) inadequacy of its use in civil rights conflict in the United States. The author believes that this failure of the parties in civil rights disputes to negotiate and to institutionalize that negotiating process in such disputes has resulted in divisions in the civil rights movement and in the failure to achieve some of the goals sought by civil rights supporters. The same lesson, the author claims, ought to be learned in the civil rights struggle in South Africa, otherwise the difficult fights involving the rights of Black and Coloured South African people will result in blood and frustration rather than meaningful progress. (shrink)

The financial crisis of 2007–2008 and the COVID-19 pandemic have caused many enterprises to suffer great losses. Thus, companies have to take measures such as pays cut, furloughs, or layoffs, which caused dissatisfaction among employees and triggered labor disputes. Therefore, this study explores the service-oriented organizational citizenship behavior based on the decomposed theory of planned behavior in order to understand the behavioral intentions of employees through their mental states, job attitudes, subjective norms, and perceived behavioral control. This study conducted (...) questionnaire surveys for employees in different industries, collected 281 valid questionnaires, and applied Structural Equation Model for the analysis. The results show: employees believe organizational justice in the organization is important, and when they feel treated fairly, their job attitudes and beliefs are enhanced. Employees’ job attitudes and beliefs support service-oriented organizational citizenship behavior, in other words, they have positive job attitudes and beliefs and will actively provide better service to customers. When employees are treated reasonably and fairly by the organization and have positive job attitudes and perceived behavior control, their spontaneous service-oriented organizational citizenship behavior is stimulated, thus increasing organizational development. (shrink)

This article explores the tension between competing discourses within the European Union, as this regional trading bloc seeks to capture further gains from market integration, whilst simultaneously attempting to soften the social impact of regional competition within its borders. This article analyzes the difficulty of maintaining the European social model, or a revised version of it, in the context of increased market integration. Through a close reading of two cases decided by the European Court of Justice in 2007, the article (...) interrogates the extent to which discourses on social rights at the EU level can be made sufficiently robust to ensure the application of international or national labor standards as a buttress against increasingly mobile capital, in order to prevent “social dumping." It concludes, however, that the terms on which the foundational texts of the EU integration project operate—elevating “market" rights to equal, fundamental, status with social and labor rights—means that the exercise of social rights such as the right to strike is ultimately contingent on their compatibility with market integration. (shrink)

The term “industrial action” includes any noncooperation with management, such as strict “working to rule,” refusal of certain duties, going slow, and ultimately withdrawal of labor. The latter form of action, striking, has posed particular problems for professional ethics, especially in those professions that provide healthcare, because of the potential impact on patients' well-being. Examination of the issues, however, displays a difference in response between the healthcare professions, in particular between doctors and nurses. In considering the ethics of industrial (especially (...) strike) action there are various aspects of professional ethics to consider: (1) whether there is a tension between industrial action and the very notion of professional ethics; (2) what specific issues arise in the case of healthcare professions; (3) what, if anything, can explain and/or justify different responses from the medical and nursing professions? (shrink)

Straipsnyje nagrinėjamas Lietuvos Respublikos darbo ginčų instituto reformavimas ir kaita Nepriklausomybės laikotarpiu atskirų Europos Sąjungos valstybių patirties kontekste. Darbo ginčų reforma Lietuvoje minimu laikotarpiu vyko keliais etapais, iš jų paskutinysis, prasidėjęs 2013 m. sausio 1 d., pakeitė darbo ginčų komisijų organizavimo tvarką, šias komisijas pradėjus kurti teritoriniu principu, prie veikiančių Valstybinės darbo inspekcijos teritorinių padalinių, nustačius, kad į darbo ginčų komisiją su skundu gali kreiptis ne tik darbuotojas, bet ir darbdavys, įvedus kitas naujoves. Tačiau šie pokyčiai vis dar neatspindi europinių (...) tendencijų, kiek įmanoma mažiau institucionalizuoti ikiteisminę individulių darbo ginčų nagrinėjimo tvarką. Straipsnyje akcentuojama mintis, jog darbo ginčų instituto reforma laikytina nebaigta ir, tikėtina, bus tęsiama, remiantis pažangiausia kai kurių ES valstybių praktika šioje srityje, tačiau išlaikant nacionalinį teisinio reguliavimo ypatumą. (shrink)

National identity and attachment to national culture have taken root even in this era of globalization. National sentiments find expression in multiple political spheres and cause troubles of various kinds in many societies, both domestically and across state borders. Some of these problems are rooted in history; others are the result of massive global immigration. As US Secretary of State John Kerry tries to broker a new round of Israel-Palestine peace talks, the Israeli government continues expanding its settlements in disputed (...) territories. As this proposal is being written, Japanese citizens are debating whether their politicians should visit the Yasukuni Shrine (靖國神社), where the spirits of fourteen Class A war criminals from WWII and more than one thousand others convicted of war crimes by the International Military Tribunal for the Far East are honored with a distinguished resting place. As the Chinese government’s plan to bring economic prosperity to the Xinjian province unfolds, ethnic conflicts between Han Chinese and local Uyghur Muslims intensify. Tibetans still demonstrate to the Chinese government, some through the dramatic sacrifice of self-immolation, their determination to pursue a Tibet that is truly free and autonomous. The recent inflow of Muslim immigrants across Europa and North America forces those liberal democratic societies to rethink the meaning of multiculturalism. Should the state respect Muslim women’s freedom to wear burkas in public? What about other aspects of certain Muslim traditions such as arranged marriages or the honor killing of teenage girls who see boys their parents do not approve? Since these immigrants voluntarily moved from their homeland to a new society, do they have a duty to give up such practices, which conflict with their new societies’ fundamental commitment to individual autonomy? Eric Hobsbawm suggests that nationalism is a contingent phenomenon in history—it arises with important historical events such as industrialization and print journalism; eventually, it will disappear. Anthony Smith, on the other hand, argues that nationalism is deeply rooted in the human need for collective faith and dignity. How should we understand today’s nationalism? Is it a transient phenomenon that eventually will be eradicated from the world, or is it a timeless issue that confronts and will remain a challenge for every society? Is the conventional distinction between civic and cultural nationalism still relevant or helpful? The problems and ongoing challenges of nationalism are very much alive throughout East Asia where the myth of ethnically and culturally homogeneous nations is still paramount. In addition to the examples provided above, East Asian societies are increasingly multicultural, inevitably forcing their governments to come up with new immigration and border-control policies, revisit their laws regarding labor policies, sociopolitical discrimination, socioeconomic welfare, and, more fundamentally, rethink the constitutional make-up of the citizenry and the ideal of social harmony, one of their most cherished political values. Nevertheless, contemporary theoretical analyses, whether philosophical or empirical, of the phenomena surrounding nationalism, in all its forms, are almost exclusively focused on cases in western cultures and societies, preventing the East Asian people from developing a coherent idea of who they are or should be in a way that can track their deeply-held values and norms (such as Confucianism). One of the primary aims of this conference therefore is to address this ongoing neglect and explore new concepts and theories that are socially relevant in East Asia. Not only will this provide access to the particular experiences of nation, citizenship, and nationalism throughout East Asia but it will bring to bear philosophical concepts, approaches, and styles of reasoning about them that currently are not part of this critical debate. Providing an opportunity to hear these distinct and different East Asian voices and opening up these conceptual and methodological resources to scholars around the world will greatly advance the understanding and appreciation of nationalism. In addition to this primary aim, the proposed conference will achieve two other, novel, and important goals. First, by design, it will bring to bear a multi and interdisciplinary approach to the problems of nationalism. We are not privileging either conceptual or empirical studies in the organization of our conference and will bring together philosophers, political scientists, sociologists, and historians, making every effort to invite scholars who explicitly employ or are interested in exploring different and at times hybrid approaches. Second, we will draw together scholars from around the world: China, South Korea, Japan, Taiwan, North America, and Europe, including leading figures in the field, who will serve as keynote speakers for the conference. Combining these two additional goals will enable us to organize a uniquely diverse conference, both in terms of intellectual discipline and national origin. Along with our primary aim of introducing East Asian voices and theories, this will make our event original, distinctive, and unprecedented in value. Our age is one in which it is unavoidable for people of different cultural backgrounds to live together in many different places. For the sake of justice and stability, a comprehensive re-examination of nationalism is both urgent and necessary. (shrink)

This article offers a case study of labor relations in a higher education setting. The University of Bridgeport's faculty union was certified in May 1973 and decertified in August 1992. Contract negotiation disputes centered on shared governance, managing faculty reductions during a time of inflation and declining enrollments, and determining fair wages. The private university experienced four faculty strikes, culminating in a two-year faculty strike – the longest in U.S. higher education history. The university was also the first institution (...) of higher education in the United States to hire permanent replacement faculty during a strike. In 1990, leaders of the locked-out striking faculty unsuccessfully lobbied for a state government takeover of the nearly bankrupt university. The case study highlights a plethora of complex ethical issues faced by administrators, faculty, and unions during times of economic decline. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetorical Circulation in Late CapitalismNeoliberalism and the Overdetermination of Affective EnergyCatherine ChaputIn the world we have known since the nineteenth century, a series of governmental rationalities overlap, lean on each other, challenge each other, and struggle with each other: art of government according to truth, art of government according to the rationality of the sovereign state, and art of government according to the rationality of economic agents, and more (...) generally, according to the rationality of the governed themselves. And it is all these different arts of government, all these different types of ways of calculating, rationalizing, and regulating the art of government which, overlapping with each other, broadly speaking constitute the object of political debate.Michel Foucault, The Birth of BiopoliticsCritical rhetoricians interested in the power dynamics between rhetoric and capitalism have established for themselves the ambitious task of explaining how multiple, intertwined rationalities govern individual and collective [End Page 1] behavior in relationship to the ever-shifting logics of capitalism. Approaches to this complicated directive frequently envision rhetoric as a mediating force among agentive subjects who act within well-defined political economic landscapes. Wedded to a political-communicative model wherein appropriate rhetorical choices persuade those with authority to distribute disputed political and economic rights, rhetorical theory becomes a sophisticated handbook for discovering topoi and executing decorous statements. This focus, according to Ronald Walter Greene, results in a "permanent anxiety over the meaning and potential of rhetorical agency" that positions rhetoricians as "moral entrepreneurs scolding, correcting, and encouraging the body politic" (2004, 188, 189). Committing themselves to endless debates about correct responses in situated spaces, rhetorical theories that underscore agency lose site of the world in flux and of our participation in that world's unpredictable unfoldings. Alternatively, Greene suggests rethinking rhetorical theory through a materialist-communicative model wherein the immaterial labor of communication produces value. Conceptualizing discursive practices as a form of labor rather than a form of political signification sidesteps anxiety about well-chosen language and emphasizes the life-affirming activity involved in deciphering issues, inventing paths through those issues, and communicating new ideas to others. In short, Greene's materialist model challenges critical rhetoricians to end their perennial search for a discursive key to the storehouse of political economic goods (a practice propelled by liberal democratic hopes) so that they can begin to invent analyses and modes of production better suited to the contours of contemporary neoliberalism.Unlike liberalism's clearly assigned spaces for public life and private life or work time and leisure time, neoliberal spaces bear few obvious markers. The neoliberal landscape consists of blurred boundaries that fold into one another: information flows almost instantaneously, commodities and people transgress national boundaries, time accelerates, space collapses, and distinctions between such classic demarcations as agent and subject or politics and economics erode. Facilitated by dramatic changes in our sociopolitical boundaries, economic neoliberalism, what James Arnt Aune calls "economic correctness" (2001), reigns throughout vast uneven terrains opened up from the imploded borders of our liberal world. While economics does indeed rule the neoliberal landscape, it does not do so according to uncompromising rationalism. Political and cultural practices flowing into the previously segregated spaces of economics enable market rule through logics that operate entirely outside the rational-irrational divide. Economic neoliberalism moves from situation to situation, disregarding spatial boundaries between the political, economic, [End Page 2] and cultural realms as well as their attendant modes of persuasion, wearing away at the rhetorical linkages between appropriate discursive choices and agentive power.Regardless of the particularities of neoliberalism's spaces, structures, and governing practices, many rhetoricians continue to mediate among different worldviews based on outmoded liberal gauges. Some rhetorical theorists, for instance, maintain that the problematics of neoliberalism result from an imbalance between reason and passion. Even though the most ardent supporters of neoliberal practices hold firmly to a belief in its scientific rationality, rhetorical theorists often argue that passion overpowers reason in neoliberal discourse. The rhetorical form that sustains this disequilibrium is, according to Bradford Vivian, neoliberal epideictic. Based on an impassioned identification, epideictic texts "unite an otherwise fractured citizenry in a dynamic affective experience" (Vivian 2006, 15). Epideictic rhetoric functions didactically to unite the public... (shrink)

Simone Weil’s political thought on labour and political community by comparing it with that of liberal and republican thinkers. Her consideration of the human need for private property and on the way that labouring produces a feeling of belonging resonates with the liberal political thought of John Locke. Locke’s thought emphasizes labour’s capacity to transform land held in common into private property and the need for political community to protect individual property rights. Weil, however, emphasizes labour’s capacity (...) to transform individuals by increasing their sensitivity to the world and capacity to attend to the needs of others. Further, the purpose of political community for Weil is to nurture human spiritual needs, including a sense of obligation to others, more than the protection of individual rights. If as C.B. Macpherson argues, liberal political thought is based on possessive individualism, then Weil’s is based on an attentive individualism. Her critique of the language of rights brings her close to a strand of republican thinking, found in Karl Marx and Hannah Arendt, which values the activation and development of human capacities through participation in political community. While Weil affirms the vital necessity of collectivity for human flourishing, she maintains a critical concern with the overvaluation of the collective in relation to the individual. In significant respects, Weil’s political thought is neither liberal nor republican and as such enables us opportunities for critical and creative reimagining of inherited political ideologies. (shrink)

From the scholarly activity of the fourth and fifth centuries A.D. stem several collections of scholia to the poems of Virgil, most of which make copious reference to prose and verse composed in Latin before Virgil's time. The authors of these scholia were the last of a long line of commentators whose labours began soon after Virgil's death. Just as Virgil walked in the tracks of Theocritus, Hesiod, Aratus, Nicander, Homer, and Apollonius, so did his students in the tracks of (...) the great Alexandrian expositors of the Greek poets. They sought to explain Virgil not only through Virgil himself, but also through the poets and prose writers, Greek and Latin, whom they imagined Virgil to have read. Thus we have scholia citing early republican literature in order to parallel words uncommon in or absent from the fourth-century classical syllabus, as well as unclassical usages, inflections, and constructions; in order to demonstrate ‘imitations’ on the part of Virgil; and in order to elucidate the structure of episodes of the three poems where Virgil appears to depart from the most commonly known versions of myth and history. Argument concerning the text or interpretation of a disputed passage is frequently based on appeal to the usage of Virgil's Latin predecessors. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:"Terministic Screens," Social Constructionism, and the Language of Experience:Kenneth Burke's Utilization of William JamesPaul StobKenneth Burke's influence on various academic disciplines is clear in the number of books and articles published annually on his thought. It is also clear insofar as academics continue to turn to his work for insights on handling scholarly problems. That is to say, not only do we explore the dimensions of his work, we (...) also bring it to bear on current disputes in the hopes of clarifying or moving past the issues we face. His thought, in short, has a currency that transcends its historical period. "As we meet new challenges that echo the past," writes Ross Wolin, "Burke's inquiries into meaning, orientation, faction, communication, and rhetoric are as urgent today as when Burke raised them long ago and for decades after."1By bringing the terms of Burke's work to bear on current disputes, we connect him to the vocabularies and discourses that surround us. His thought becomes familiar through the lenses we employ, as we intermix his ideas with our own terminology and see his work through the language of our discussions. One example of this phenomenon is the way scholars have been describing Burke's philosophical outlook. Burke's thought, we are told, is that of a social constructionist. Edward Schiappa, for example, concludes that Burke gives us a view of the world as intersubjectively created: "Our understanding is social in the sense that our concepts are human-made and are part of a shared language. Our understanding is [End Page 130] constructed in the sense that our claims, interpretations, and orientations constitute 'conceptual fabrics' that weave together contingent sets of beliefs and social practices."2 Paul Jay turns the sentiment into a more explicitly epistemological point: "The most radical aspect of Burke's evolving theory of language at this time is his recognition that language—inherently metaphorical—constructs rather than reflects knowledge."3 James Chesebro highlights social constructionism as one of the hallmarks of Burke's dramatism: "For Burke, the realm of symbol-using is unique to the human being. Symbol-using is a solely conventional, arbitrary, and social process. It allows human beings to become self-conscious, create motives independently of physical phenomena, and ultimately to create social constructions of reality."4 Dennis Ciesielski argues that Burke's "terministic screens" define "base reality into truth-systems unique to each respective discourse community and impl[y] a neo-pragmatic, social constructionist pattern for the making of meaning."5 Finally, Robert Wess characterizes Burke's entire career as the evolution from a materialist, biological-essentialist view of the human self to a social constructionist view.6Generally speaking, "social constructionism" is a metaphor that attempts to capture the way Burke viewed the nature of the world and the function of language therein. It suggests that symbols, terms, and language form the building blocks, the bricks and mortar, of the structures of our collective life. We employ symbols that construct our social realities, similar to the way a contractor employs the materials and labor that construct a house. Consequently, the realities we face are not inherent in nature but are built up discursively and can therefore be reconstructed as we alter our discursive practices.7The social construction metaphor positions Burke's philosophical out-look in terms that are familiar to us, though not necessarily familiar to him. That is to say, the label of social constructionist is recent, and it comes not from Burke's work but from intellectual developments after he wrote the bulk of his corpus.8 We apply it to him retroactively, meshing together his intellectual milieu with our own. And as Ian Hacking reminds us, "The phrase has become code. If you use it favorably, you deem yourself rather radical. If you trash the phrase, you declare that you are rational, reasonable, and respectable."9Labeling Burke a social constructionist wraps his thought in a current metaphor, merging his perspective with a vocabulary that was not part of his project. While such a merger is not necessarily a bad thing—to some degree the process is inevitable10—a certain danger... (shrink)

Communities of nuclear workers have evolved in distinctive contexts. During the Manhattan Project the UK, USA and Canada collectively developed the first reactors, isotope separation plants and atomic bombs and, in the process, nurtured distinct cadres of specialist workers. Their later workplaces were often inherited from wartime facilities, or built anew at isolated locations. For a decade, nuclear specialists were segregated and cossetted to gestate practical expertise. At Oak Ridge Tennessee, for example, the informal ‘Clinch College of Nuclear Knowledge’ aimed (...) to industrialise the use of radioactive materials. ‘We were like children in a toy factory’, said its Director: ‘everyone could play the game of designing new nuclear power piles’. His counterpart at Chalk River, Ontario headed a project ‘completely Canadian in every respect’, while the head of the British project chose the remote Dounreay site in northern Scotland because of design uncertainties in the experimental breeder reactor. With the decline of secrecy during the mid-1950s, the hidden specialists lauded as ‘atomic scientists’ gradually became visible as new breeds of engineers, technologists and technicians responsible for nuclear reactors and power plants. Mutated by their different political contexts, occupational categories, labour affiliations, professional representations and popular depictions, their activities were disputed by distinct audiences. This chapter examines the changing identities of nuclear specialists and the significance of their secure sites. Shaped successively by Cold War secrecy, commercial competition and terrorist threats, nuclear energy remained out of site for wider publics and most nuclear specialists alike. The distinctive episodes reveal the changing working experiences of technical workers in late-twentieth and early twenty-first century environments. (shrink)

Written from the perspective of a liberal intellectual who has spent a lifetime as a writer, editor, and college professor, The Tyranny of Virtue is a precise and nuanced insider's look at shifts in American culture--most especially in the American academy--that so many people find alarming. Part memoir and part polemic, an anatomy of important and dangerous ideas, and a cri de coeur lamenting the erosion of standard liberal values, Boyers's collection of essays is devoted to such subjects as tolerance, (...) identity, privilege, appropriation, diversity, and ableism that have turned academic life into a minefield. Why, Robert Boyers asks, are a great many liberals, people who should know better, invested in the drawing up of enemies lists and driven by the conviction that on critical issues no dispute may be tolerated? In stories, anecdotes, and character profiles, a public intellectual and longtime professor takes on those in his own progressive cohort who labor in the grip of a poisonous and illiberal fundamentalism. The end result is a finely tuned work of cultural intervention from the front lines."--Inside front book jacket flap. (shrink)

The art, craft, and science of policing -- Crime and criminals -- Criminal process and prosecution -- The crime-preventive impact of penal sanctions -- Contracts and corporations -- Financial markets -- Consumer protection -- Bankruptcy and insolvency -- Regulating the professions -- Personal injury litigation -- Claiming behavior as legal mobilization -- Families -- Labor and employment laws -- Housing and property -- Human rights instruments -- Constitutions -- Social security and social welfare -- Occupational safety and health -- Environmental (...) regulation -- Administrative justice -- Access to civil justice -- Judicial recruitment, training, and careers -- Trial courts and adjudication -- Appellate courts -- Dispute resolution -- Lay decision-makers in the legal process -- Evidence law -- Civil procedure and courts -- Collective actions -- Law and courts on development and democratization -- How does international law work? -- Lawyers and other legal service providers -- Legal pluralism -- Public images and understandings of courts -- Legal education and the legal academy -- The (nearly) forgotten early empirical legal research -- Quantitative approaches to empirical legal research -- Qualitative approaches to empirical legal research -- The need for multi-method approaches in empirical legal research -- Legal theory and empirical research -- Empirical legal research and policy-making -- The place of empirical legal research in the law school curriculum -- Empirical legal training in the US academy. (shrink)

In this paper I argue that the poker analogy is unsuitable as a model for collective bargaining negotiations. Using the poker game analogy is imprudent, its use undermines trust and ignores the cooperative features of business, and its use fails to take into account the values of dignity and fairness which should characterize labor-management negotiations. I propose and defend a model of ideal family decision-making as a superior model to the poker game.

In this paper I explain the present adversarial collective bargaining process (ACB) and then critique it on legal and ethical grounds. A new methodology, that I describe as the collaborative collective bargaining process (CCB), will then be explained and similarly critiqued. I argue that replacing the present ACB model with the CCB model will result in better long-term results for all parties concerned. This is because the ACB model is comparable, in many respects, to the adversarial process used (...) in court litigation. It is a combat model based on power. ACB makes the battle lines clear, and it grants victory to the more convincing display of power, but it leaves casualties. Indeed it cannot operate except upon the casualties of the opposing party, and those casualties are the basis for ever-renewed combat. Tactics employed in ACB to achieve victory include deception, lying and the abandonment of truth as a moral value. I argue that, in sharp contrast, CCB can foster an environment which encourages candor and truthfulness. By following the CCB model, the parties can avoid the negative and self-defeating elements of ACB and can work together toward mutually beneficial goals by the use of an ethically defensible approach to labor negotiations. (shrink)

This article considers the relationship between the interests of individual litigants and the facilitation of doctrine for the collective good. More specifically, it examines the extent to which the policy and rules governing the management of civil litigation reflect a genuine commitment to the development of the common law. It is argued that litigation models in England send out conflicting messages about the commitment our society has to nurturing precedents and that we remain ambivalent about whether resources should be (...) directed to identifying cases with precedent-setting potential. Contrary to recent policy statements that encourage disputants to resolve issues in private forums such as mediation, this article concludes that the time is ripe to turn our attention to the equally important issue of how to ensure that certain types of cases reach a public forum. (shrink)

Marx developed a sophisticated theory of labour under capitalism’s expanding reproduction but wrote little specifically on immaterial labour. This paper reflects on how to build from Marx’s writings a more comprehensive theory of immaterial labour. Integral to this theorisation is bringing in young Marx’s writings on alienation and human nature, and praxis read as the ‘point of knowledge is to change the world’. Integrating the young and mature work into a single perspective that highlights the actively causal (...) dimension of human creativity and knowledge for the making of history critically adds to and thereby transforms the naturalism and structural determinism of orthodox readings of Marx’s Marxism. We relate this theorisation specifically to the project of liberating academic labour from the shackles of its neoliberal containment by making ‘knowledge socialism’. (shrink)

The Lithuanian success of implementing international obligation in order to encourage the regulation of labour relations by means of collective agreements is analyzed in this article. It is emphasized that development of social partnership is too slow, coverage of regulation of labour relations by means of collective agreement also is low-level and collective agreements basically are made at the plant level. It is noticed that, because of the need to find a suitable balance between implementing (...) the international obligation to encourage regulation of labour relations by means of collective agreements, and the necessity to undermine the raison d’être of the regulation by means of collective agreements itself, as the process, where attitudes of social partners has to be harmonised at maximum, the state has limited scope to influence the process of making collective agreements. (shrink)

This paper investigates the influence of family control on the quality of labor relations. Using French workplace-level data, we find that family firms experience less frequent and less intense labor conflicts. Moreover, family involvement tends to offset the negative effect of labor disputes on corporate performance. We examine whether specific family patterns are conducive to better labor relations. We distinguish active from passive family control, eponymous from non-eponymous family businesses, and break down family firms into founder-controlled and descendant-controlled companies. (...) It appears that the benefits of family control are not attributable to a given type of family firm. These findings suggest that peaceful labor relationships are a peculiar attribute that families generally bring to corporations and extend our understanding of the “family effect” on organizational performance. (shrink)

This paper argues that the vast inequalities in access to migration opportunities and treatment of migrants constitute a structural injustice, and that although states are clearly the most powerful agents in migration injustices, individuals also bear a personal responsibility to ameliorate these injustices. The argument builds on Young's theory of structural injustice and critically applies it to labour migration. The paper argues that wealthy migrants and citizens who benefit from migrant labour have a responsibility to contribute towards ameliorating (...) migration injustice on account of their position of privilege, whereas disadvantaged migrants have a responsibility due to their interest in changing their situation. It then considers how people might discharge such an obligation through collective political action, pointing in particular to non‐governmental organizations, labour unions, and local government. Finally, the paper addresses the objections that positing personal responsibility for labour migration is overly demanding and that the current labour migration regime is meritocratic and fair. The article concludes by showing how this sort of stance can be seen as interest‐driven by privileged groups and argues for the role of disruptive politics in overcoming it. (shrink)

The practice of early modern natural history depended on the collective collecting activities of a great variety of people. Among them, artisans played a major role in acquiring and distributing knowledge about the natural world and they contributed significantly to the scholarly labour in natural history. This distributed labour was both acknowledged by contemporaries as well as hidden from sight, reflecting the period′s dominant norms for class and gender. By combining an interpretation of the visual representation of (...) labour in European insect studies with an examination of written sources about natural history practices from about 1680 to 1810, this article decodes the often‐codified frontispieces and other more symbolic illustrations to offer new insights into the labour of natural history. Those who identified as scholars and artisans (or both) conceptualised their own intellectual and practical engagement with natural history within the semantic field of work. Some seemed to have even envisioned a new social role for academics as well as artisans. This article analyses the diversity of the “productive forces” in insect studies as they changed over time and it reconstructs what I will call the social imaginaries of participation. (shrink)

In Latin America, rights to local political participation in many indigenous communities are not simply granted, but rather “earned” through acts of labor for the community. This is the case in the state of Oaxaca, Mexico, where almost three-fourths of municipalities elect municipal authorities through custom and tradition rather than secret ballot and universal suffrage. The alarmingly low rate of women’s formal participation in these municipalities has garnered attention from policymakers, provoking a series of legislative reforms designed to increase women’s (...) roles in local politics. However, these initiatives often miss their mark. Focused on a liberal model of women as individual rights-bearers, they fail to understand the complex ways in which gendered labor influences political participation in nonliberal contexts. This article examines a case in which indigenous women reject such an initiative because it would exacerbate their exploitation within the local terms of gendered collective labor instead of promoting equality. It thus explains potential barriers to indigenous women’s political leadership at the local level and suggests ways in which gender equality can be promoted in nonliberal contexts. (shrink)

Disputes in Bioethics tackles some of the most debated questions in contemporary scholarship about the beginning and end of life. This collection of essays takes up questions about the dawn of human life, including: Should we make children with three (or more) parents? Is it better never to have been born? and Is the so called 'after-birth' abortion wrong? This volume also asks about the dusk of human life: Is 'death with dignity' a dangerous euphemism? Should euthanasia be permitted (...) for children? and Does assisted suicide harm those who do not choose to die? Still other questions are asked concerning recent views that health care professionals should not have a right to conscientiously object to legal and accepted medical practices. Finally, the book addresses questions about separating conjoined twins as well as the issue of whether the species of an individual makes a difference for the individual's moral status. Christopher Kaczor critiques some of the most recent and influential positions in bioethics, while eschewing both consequentialism and principalism. Rooted in the Catholic principle that faith and reason are harmonious, this book shows how Catholic bioethical teaching is rationally defensible in terms that people of good will, secular or religious, can accept. Proceeding from a natural law perspective, Kaczor defends the inherent dignity of all human beings and argues that they merit the protection of their basic human goods because of that inherent dignity. Philosophers interested in applied ethics, as well as students and professors of law, will profit from reading Disputes in Bioethics. The book aims to be both philosophically sophisticated and accessible for students and experienced researchers alike. (shrink)

My commentary calls attention to what makes Mr. Bowie's paper well worth intensive consideration. In my brief evaluation, however, I only lay out three incoherent elements of his proposed family model of labor-management relations.I argue that complete job security is not compatible with complete freedom to change firms; that, in practice, such security for all employees is not compatible with the shifting demand of our economic system, and that the model includes two kinds of spouse relationships — one affectional and (...) another competitive — that are incoherent with one another. My point is not that Mr. Bowie's model is fatally flawed, but that it needs to be improved. (shrink)

In componential analysis, word meanings are (partly) decomposed into other meanings, and semantic and syntactic markers. Although a theory of word meaning based on such semantic decompositions remains compatible with the linguistic labor division thesis, it is not compatible with Kripke/Putnam-style indexical externalism. Instead of abandoning indexical externalism, a Separation Thesis is defended according to which lexical meaning need not enter the truth-conditional content of an utterance. Lexical meaning reflects beliefs about word meaning shared in a speaker community, and these (...) may rest on possibly erroneous world-level theories. It is argued that this type of lexical meaning is indispensable for explaining word composition processes and the rationality of metalinguistic disputes. (shrink)

This Article explores how managerial prerogative shapes disputes over employment classification and reveals a neglected but prominent feature in legal arguments about platform worker rights—the disputed relevance of a platform’s intellectual property rights. In classification disputes, instead of denying that it has a right to control how others perform services for it, the company often concedes its employer-like authority but offers an alternative rationale: managerial prerogative. The company argues, and judges often agree, that its labor control is not (...) the exercise of employer authority but instead reflects a prerogative of enterprise ownership, like a right to protect property and determine product lines. Thus, managerial prerogative both explains labor control and exempts that control from the statutory duties that would otherwise attach under the legal tests. Platform companies appear to have taken notice of such cases and designed their work relationships around property-based rationales. For instance, Uber uses a software “license” in which drivers agree to Uber’s authority as a condition for accessing the app. The license depicts the terms upon which drivers must affirmatively cooperate with Uber to produce transportation as simply the negative duties not to interfere with Uber’s intellectual property. The Article concludes that we must reject appeals to managerial prerogative in employment classification disputes. To assume that a property-based rationale for labor control is inconsistent with employment is to misunderstand the legal basis of employment and the purpose of statutory labor law. The appeals also rely on dubious economic assumptions and conflate property rights with agreements about the use of property. (shrink)

To believe that every single scientist ought to be individually engaged in ethical thinking in order for science to be responsible at a collective level may be too demanding, if not plainly unrealistic. In fact, ethical labor is typically distributed across different kinds of scientists within the scientific community. Based on the empirical data collected within the Horizon 2020 ‘RRI-Practice’ project, we propose a classification of the members of the scientific community depending on their engagement in this collective (...) activity. Our classification offers, on the one hand, a model of how the ethical aspects of science are taken into consideration by scientists and, on the other, some indications on how to institutionalize ethics in science. (shrink)

Purpose Underlying much recent development in data science and artificial intelligence (AI) is a dependence on the labour of precarious crowdworkers via platforms such as Amazon Mechanical Turk. These platforms have been widely critiqued for their exploitative labour relations, and over recent years, there have been various efforts by academic researchers to develop interventions aimed at improving labour conditions. The aim of this paper is to explore US-based crowdworkers’ views on two proposed interventions: a browser plugin that (...) detects automated quality control “Gold Question” (GQ) checks and a proposal for a crowdworker co-operative. Design/methodology/approach The authors interviewed 20 US-based crowdworkers and undertook a thematic analysis of collected data. Findings The findings indicate that US-based crowdworkers tend to have negative and mixed feelings about the GQ detector, but were more enthusiastic about the crowdworker co-operative. Originality/value Drawing on theories of precarious labour, this study suggests an explanation for the findings based on US-based workers’ objective and subjective experiences of precarity. The authors argue that for US-based crowdworkers “constructive” interventions such as a crowdworker co-operative have more potential to improve labour conditions. (shrink)

This article introduces the key issues and themes that the articles in the Special Issue aim to apply and develop in greater detail. First, we argue that the field of collective remembering can be conceived as a site of active contestation, rather than simply a means of communicating a historic past or our deontic position in relation to these pasts. Approaching collective remembering as a Lieu de Dispute allows us, in turn, to foreground three consequential dimensions of remembrance, (...) which the articles in the issue examine in different ways: that collective remembering is an interpersonal, political and affective practice. This introduction discusses these three dimensions to collective remembering in greater detail, before outlining the remaining contents of the Special Issue. (shrink)

Nurses are the closest healthcare providers to patients and emotional labor is the most invisible part of nursing work. However, the management of emotions to promote organizational goals and to ensure patient satisfaction may have both positive and negative impacts on nurses' working life. The purpose of this cross‐sectional, descriptive study was to examine the emotional labor behaviors of nurses and their opinions on emotional labor. Two hundred nineteen nurses working at public hospitals in Ankara between September and December 2018 (...) participated to this study. Data were collected using the sociodemographic characteristics form and “The Scale of Emotional Labor Behavior for Nurses.” Nurses had higher scores on the deep and sincere emotional acting subdimensions of the emotional labor scale than the surface acting subdimension. Findings suggest that nurses act deeply and intimately, instead of surface acting. Most of the nurses expressed that nurses were emotionally affected when caring for patients; however, nurses had to control their feelings toward patients and behave professionally to meet the expectations of their managers, which may lead to an implicit emotional dissonance. Based on the results of this study, we suggest to support nurses emotionally and to incorporate the topic of emotional labor into educational programs. (shrink)

This study examines the intersection of individual life-histories, organisational histories and societal histories and reveals how religion, in several different expressions, serves to provide a connection between justice for workers and justice for the environment in the work of trade unionists. The trade union movement is generally seen as secular, and thus in our life-history interviews finding religion as a backdrop to labour activists’ formation was unexpected. Religion becomes manifest in various ways, partly through experiences in the present or (...) at formative periods in unionists’ lives, but also through its cultural embeddedness in language and collective memory. In this way it serves to provide subtle influences on beliefs, concepts of social justice and daily action. (shrink)

For forty years, American priest and friar Reginald Foster, O.C.D., worked in the Latin Letters office of the Roman Curia’s Secretary of State in Vatican City. As Latinist of four popes, he soon emerged as an internationally recognized authority on the Latin language—some have said, the internationally recognized authority, consulted by scholars, priests, and laymen worldwide. In 1986, he began teaching an annual summer Latin course that attracted advanced students and professors from around the globe. This volume gathers contributions from (...) some of his many students in honor of his enduring influence and achievements. Its chapters explore a wide range of linguistic and literary evidence from antiquity to the present day in a variety of theoretical perspectives. If the motivation for putting together this collection has been to reflect (and reflect upon) Foster’s influences on Latin scholarship and pedagogy, its title alludes—via the medieval folk etymology of the word labyrinthus (“quasi labor intus”)—to its theme: ambiguity in Latin literature. (shrink)

The International Labor Organization is not an effective force for raising labor standards in the developing world and could become considerably more effective by taking account of two of the most important and interrelated recent theoretical developments in understanding labor standards. First, countries derive no comparative advantage in the global trading system from most very low labor standards. The ILO should therefore concentrate its energies on lifting these, rather than concentrating on labor standards that are a source of comparative advantage, (...) the elimination of which is resisted strongly and effectively. Second, the tools of game theory may be used to identify the collective action problems that prevent countries from lifting their own labor standards, and create a role for a transnational agency that may assist them. (shrink)

“Collective impact problems” refer to situations where there is a collective harm or benefit, but where no single action seems to make a difference one way or the other. Collective impact problems arise when considering several pressing ethical issues in business, such as shareholder and consumer activism, business and climate change, factory farming and animal welfare, fair-trade and sweatshop labor, and corporate philanthropy. Unfortunately, business ethics textbooks do not explicitly deal with collective impact problems and, as (...) such, students may be lacking the theoretical and practical skills necessary to deal with issues of significant moral concern. This paper helps to address this gap by introducing the reader to some collective impact cases in business ethics, detailing the challenges that collective impact problems pose for consequentialist and non-consequentialists alike, and highlighting some of the promising pedagogical benefits of using collective impact cases in a business ethics class. (shrink)

We argue that, in order to explain the relative strengths of our reasons to contribute to different collective endeavours, approaches to the ethics of collective action must understand the strengths of our reasons to make a given contribution as proportional to its expected benefits, or its chances of bringing about benefits in proportion to their magnitudes. The view that most clearly meets this proportionality requirement is the expected consequences approach, which identifies our reasons to perform an act with (...) its expected benefits. We contend that views other than the expected consequences approach must similarly proportion the expected degrees of what they take to be reason-giving features of a contribution – such as its virtuousness, appropriate expression, support by considerations of fairness, or helping without making a difference – to the contribution’s expected benefits. The proportionality requirement explains why we should spend more time participating in strategic social, political, and labour movement activities, while avoiding unproductive conflicts and merely performative activities. We conclude that the proportionality requirement, and the ability of views other than the expected consequences approach to meet it, are important for thinking and communicating about the ethics of collective action in ways that are simultaneously most compelling and most strategic. (shrink)

Though many argue over root causes, few dispute the existence of gender disparities across our societal landscape. Patriarchal norms consistently obstruct the flourishing of those who identify themselves as women, those who are identified by others as women, and generally those who gender-identify in ways that challenge the norms of heterosexual cis-gender male privilege. Acknowledging the limits of our analysis, here we focus on some of the disparities faced by women in particular.1 From the persistent wage gap despite women's steadily (...) increasing participation in the workforce, to the perplexing paucity of women occupying C-suite positions in business or tenured professorships in academia despite efforts to... (shrink)

Little consensus exists about the effectiveness of transnational private governance in domains such as labor, the environment, or human rights. The paper builds on recent scholarship on labor standards to emphasize the role of labor agency in transnational private governance. It argues that the relationship between transnational private regulatory initiatives and labor agency depends on three competences: first, the ability of workers’ organizations to gain access to processes of employment regulation, implementation, and monitoring; second, their ability to insist on the (...) inclusion of employers and state agencies within such processes; and third, the ability of workers to effectively exercise leverage in pursuit of particular goals. The paper develops a framework, called hybrid production regime, for examining how workers’ capacity to act at the local level depends on how these three collective competences are addressed in the institutionalization of capital–labor relations between the transnational and national levels. (shrink)

The quality of working life and the quality of business ethics cannot be separated. In the private sector, the profit priority motivates most employer behavior, which can be characterized as mean and rationalistic. Management-initiated quality of life programs are usually disguised attempts to achieve a speedup. From the union perspective, fair wages and working conditions are synonymous with the quality of working life, and unions pursue these through collective bargaining, which is essentially adversarial in both the public and private (...) sectors. AFSCME's approach is to negotiate for better staffing, career ladders, and other workplace improvements that contribute to a worker's sense of dignity and satisfaction. (shrink)

The development of genomics has dramatically expanded the scope of genetic research, and collections of genetic biosamples have proliferated in countries with active genomics research programs. In this essay, we consider a particular kind of collection, national biobanks. National biobanks are often presented by advocates as an economic ‘‘resource’’ that will be used by both basic researchers and academic biologists, as well as by pharmaceutical diagnostic and clinical genomics companies. Although national biobanks have been the subject of intense interest in (...) recent social science literature, most prior work on this topic focuses either on bioethical issues related to biobanks, such as the question of informed consent, or on the possibilities for scientific citizenship that they make possible. We emphasize, by contrast, the economic aspect of biobanks, focusing specifically on the way in which national biobanks create biovalue. Our emphasis on the economic aspect of biobanks allows us to recognize the importance of what we call clinical labor—that is, the regularized, embodied work that members of the national population are expected to perform in their role as biobank participants—in the creation of biovalue through biobanks. Moreover, it allows us to understand how the technical way in which national biobanks link clinical labor to databases alters both medical and popular understandings of risk for common diseases and conditions. (shrink)