Abstract

Several justifications are cited in the academic literature in favour of common law and statutory intervention in the field of labour law. However, these justifications have been criticised for ignoring the realities of the contemporary labour market and for even bothering to undertake such an exercise as attempting to identify a theoretical explanation for the discipline in the first place. One must therefore ask to what extent traditional justifications for the legal regulation of the employment relationship have become frayed at the edges as a result of changes in underlying political, social, economic. and industrial conditions over the past half century. This chapter seeks to contribute to this debate by demonstrating how an account of justice based on ‘non-domination’ grounded in contemporary civic republican political theory can prove helpful in shedding new light on the rationales for labour law intervention in the twenty-first century.

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