Economic Crises, Crisis of Labour Law? Lessons from Weimar

Abstract

AbstractLabour law has been thrown into turmoil in many large industrialized countries with democratic tradition and market economies. In fact, rapid economic globalization resulted in an irremediable decline in collective bargaining in most of the states that entered into the sphere of Anglo‐Saxon capitalism. On a first reading, the financial crisis of 2008 exacerbated this retreat of labour law back to its initial individualist and contractual forms. In analysing the contemporary crisis of labour law, the historical‐comparative method can be highly fruitful, especially if one considers the precedent of the economic crisis of 1929. On this basis, I first consider an influential text by Hugo Sinzheimer on the ‘crisis of labour law’ in Weimar Germany and a study by Otto Kahn‐Freund on the changing function of labour law in the same context. These works can be connected to the concept of the ‘labour constitution’, which Max Weber notably developed in an empirical sense, and which finds its extension in the later works of Thilo Ramm, a labour scholar of international reputation.