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Creating real capabilities to engage in decent work is a vital social project. Labour law is best conceived of as that part of our law which seeks to remove obstacles to, and to nurture, such capabilities. Labour law’s undertaking is thus part of the larger project of human development—of advancing the cause of substantive human freedom conceived of as the real capacity to lead a life we have reason to value. On this view, the world of labour law is large (it is concerned with all who work) and its mission one which is both important and coheres with our basic values in all aspects of our lives. But labour law has, at present, another account of itself, long successful, but which is narrower and less ambitious. The legal starting point for that view is contract, and labour law’s mission is to control contract power. This is an important but narrower normative vision, which both restricts our understanding of what labour law is and limits its scope of application. Attempts to advance labour law’s self-understanding by appealing to the capability approach have been made, but met with resistance. In this chapter, this encounter is reviewed and assessed by examining the role of the cap

Author

Brian Langille

Publisher

Oxford University Press

Published

2019

Language

EN