Otto Kahn-Freund and collective Laissez-Faire: an edifice without a keystone?

Dukes, R. (2009) Otto Kahn-Freund and collective Laissez-Faire: an edifice without a keystone? Modern Law Review, 72(2), pp. 220-246. (doi:10.1111/j.1468-2230.2009.00741.x)

Full text not currently available from Enlighten.

Abstract

This paper describes Otto Kahn-Freund's advocacy of the British ‘collective laissez-faire’ system of regulation of industrial relations, in which regulation proceeded autonomously of the state. It suggests that a weakness of collective laissez-faire as a normative principle was its failure to make adequate provision for the furtherance of the public interest. It links this failure to a more general reluctance, on the part of Kahn-Freund, to conceive of the state as representative of the public interest. And it seeks to explain this reluctance with reference to Kahn-Freund's experiences of living and working as a labour court judge in the Weimar Republic, and of moving to the UK as a refugee from Nazism.

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:Modern Law Review
Journal Abbr.:MLR
Publisher:Wiley-Blackwell Publishing Ltd.
ISSN:0026-7961
ISSN (Online):1468-2230
Published Online:20 February 2009

University Staff: Request a correction | Enlighten Editors: Update this record