The Capability Approach to Labour Law

Abstract

Abstract In this volume, leading scholars of both labour law and the Capability Approach (CA) explore the possible connections between their disciplines. Accounts of the CA—particularly those of Martha C. Nussbaum and Amartya Sen—do not specifically address labour law, but the CA is attractive to labour lawyers and scholars examining the foundations of their discipline. The questions being asked are whether the CA has anything to offer labour law, and if it does, what forms might this offering take? And, conversely, what light labour law might shine on the CA? In addressing these questions, the chapters in Part I inquire into the nature of the relationship between the CA and labour law—whether it is positive or negative and whether the CA can provide a normative basis for, or an understanding of, labour law. The chapters in Part II explore the CA/labour law debate through different and well-known perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. The final set of chapters examine the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods. As with this set of specific issues, the book as a whole is not meant to be an exhaustive account of the CA/labour law connection. Rather, it is offered as a first focused effort to open up the discussion and to stimulate further inquiry in this interdisciplinary enterprise.