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)
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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 |
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