A NATURAL LAW DEFENSE TO THE EMPLOYMENT LAW QUESTION: A RESPONSE TO RICHARD EPSTEIN

Abstract

Every individual is continually exerting himself to find out the most advantageous employment for whatever capital he can demand. It is his own advantage, indeed, and not that of the society which he has in view. But the study of his own advantage naturally, or rather necessarily, leads him to prefer that employment which is most advantageous tothe society.1 The modern laborer, … instead of rising with the progress of industry, sinks deeper and deeper below the conditions of existence of his own class. He becomes a pauper, and pauperism develops more rapidly than population and wealth.2 Eveyone has the right to work to free choice Of employment, to just and favorable conditions of work and to protection against unemployment. Eveyone, without any discrimination, has the right to equal pay for equal work. Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented if necessary, other means of social protection. Everyone has the right to form and to join trade unions for the protection of his interests. Evereyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holiday with pay.3