Authoritarian liberalism: a labour law perspective

Dukes, R. (2022) Authoritarian liberalism: a labour law perspective. European Law Open, 1(1), pp. 150-157. (doi: 10.1017/elo.2022.5)

Abstract

In my contribution to the symposium on Michael Wilkinson’s new book, I focus in on his analysis of Hermann Heller’s thinking regarding the state. Icompare Heller’s writings with those of Hugo Sinzheimer (1875–1945), a legal scholar, practising lawyer and politician who was in a position in 1918-1920 to shape the new labour law of the Weimar Republic and who thereafter became a prominent commentator on that law. In particular, Ilook at two publications from 1933: Heller’s Autoritärer Liberalismus and Sinzheimer’s Die Krisis des Arbeitsrechts, or ‘crisis of labour law’. I then consider the trade union movement’s orientation to the state during the Weimar years, and what light this shone on Heller’s and Sinzheimer’s analysis. I conclude by identifying several questions raised by the Weimar debates for labour law, trade unions and employment relations that are of enduring importance today.

• 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: European Law Open
• Publisher: Cambridge University Press
• ISSN: 2752-6135
• ISSN (Online): 2752-6135
• Published Online: 06 April 2022
• Copyright Holders: Copyright © 2022 The Author
• First Published: First published in European Law Open 1(1): 150-157
• Publisher Policy: Reproduced under a Creative Commons License