The economic sociology of labour law

Dukes, R. (2019) The economic sociology of labour law. Journal of Law and Society, 46(3), pp. 396-422. (doi: 10.1111/jols.12168)

Abstract

Drawing on the work of Max Weber, this article considers the utility of an approach to the study of labour law, which it calls the economic sociology of labour law (ESLL). It identifies the contract for work as the key legal institution in the field, and the primary focus of scholarly analysis. Characterizing the act of contracting for work as an example of what Weber called economic social action oriented to the legal order, it proposes that Weber's notion of the labour constitution be used to map the context within which contracting for work takes place. And it argues that, in comparison to traditional socio‐legal approaches, ESLL has the significant advantage of allowing for account to be taken of the individual and commercial, as well as the social and legal, elements of contracting for work.

• Item Type: Articles
• Additional Information: The project leading to this publication is funded by the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (grant agreement No 757395).
• 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: Journal of Law and Society
• Publisher: Wiley
• ISSN: 0263-323X
• ISSN (Online): 1467-6478
• Published Online: 18 August 2019
• Copyright Holders: Copyright © 2019 The Author, Journal of Law and Society and Cardiff University Law School
• First Published: First published in Journal of Law and Society 46(3): 396-422
• Publisher Policy: Reproduced in accordance with the publisher copyright policy