Wedderburn and the theory of labour law: building on Kahn-Freund

Dukes, R. (2015) Wedderburn and the theory of labour law: building on Kahn-Freund. Industrial Law Journal, 44(3), pp. 357-384. (doi:10.1093/indlaw/dwv015)

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Abstract

This paper aims to assess the nature and significance of Lord Wedderburn’s contribution to the elaboration of a theory of labour law. Noting the extent to which Wedderburn was influenced, in this respect as in others, by the work of Otto Kahn-Freund, it focuses on the question of whether Wedderburn ever developed a theory of labour law that was clearly distinguishable from Kahn-Freund’s. Were there significant differences in the two scholars’ expositions of abstentionism, or collective laissez-faire? Through a close reading of Wedderburn’s work, it is suggested that Wedderburn was a strong proponent of the principle of collective laissez-fare, in his early as well as his later writing. In the changed political context of the 1980s and 1990s, he undertook the important task of seeking to update or restate the principle as an expression of social-democratic values in the field of work and working relationships.

Item Type:Articles
Status:Published
Refereed:Yes
Glasgow Author(s) Enlighten ID:Dukes, Professor Ruth
Authors: Dukes, R.
College/School:College of Social Sciences > School of Law
Journal Name:Industrial Law Journal
Publisher:Oxford University Press
ISSN:0305-9332
ISSN (Online):1464-3669
Copyright Holders:Copyright © 2015 Oxford University Press
First Published:First published in Industrial Law Journal 44(3):357-384
Publisher Policy:Reproduced in accordance with the copyright policy of the publisher.

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