Book contents
- The Cambridge Handbook of Labor and Democracy
- The Cambridge Handbook of Labor and Democracy
- Copyright page
- Contents
- Contributors
- Acknowledgments
- Introduction
- Part I Labor and Democracy: Theory and Practice
- 1 A New Labor Law for Deep Democracy
- 2 Labor and Democracy
- 3 Labor’s Obstacles and Democracy’s Demise
- 4 Right-Wing Populism, Illiberal Democracy, Trade Unions, and Workers’ Rights
- Part II History, Politics, and Law
- Part III Labor, Diversity, and Democracy
- Part IV Country and Regional Perspectives
- Part V Labor and Democracy Sectoral Case Studies: Platform Workers, Higher Education, and the Care Industry
- Index
- References
1 - A New Labor Law for Deep Democracy
From Social Democracy to Democratic Socialism
from Part I - Labor and Democracy: Theory and Practice
Published online by Cambridge University Press: 25 January 2022
Book contents
- The Cambridge Handbook of Labor and Democracy
- The Cambridge Handbook of Labor and Democracy
- Copyright page
- Contents
- Contributors
- Acknowledgments
- Introduction
- Part I Labor and Democracy: Theory and Practice
- 1 A New Labor Law for Deep Democracy
- 2 Labor and Democracy
- 3 Labor’s Obstacles and Democracy’s Demise
- 4 Right-Wing Populism, Illiberal Democracy, Trade Unions, and Workers’ Rights
- Part II History, Politics, and Law
- Part III Labor, Diversity, and Democracy
- Part IV Country and Regional Perspectives
- Part V Labor and Democracy Sectoral Case Studies: Platform Workers, Higher Education, and the Care Industry
- Index
- References
Summary
Conventional workplace law includes the law of collective bargaining and employment contracts. This chapter argues that, to fully understand how law constructs worker power, industrial democracy, and political democracy, workplace law should greatly broaden in scope. The “new labor law” should encompass components of many fields of law that influence worker power and democracy as much as many components of conventional labor law. These additional components are lodged in domestic and international finance law, social wage law, constitutional law, communication law, tax law, and many more fields. The chapter applies the new labor law to critique and offer proposals to reconstruct existing law in the service of empowering workers in the workplace and polity, within both capitalist economies and imagined democratic socialist regimes.
Keywords
- Type
- Chapter
- Information
- The Cambridge Handbook of Labor and Democracy , pp. 13 - 35Publisher: Cambridge University PressPrint publication year: 2022
References
Admati, Anat, and Martin Hellwig, . 2013. The Bankers’ New Clothes: What’s Wrong With Banking and What to Do About It? Princeton, NJ: Princeton University Press.Google Scholar
Bakan, Joel. 2005. The Corporation: The Pathological Pursuit of Profit and Power. New York: Free Press.Google Scholar
Barden, Pranab, and Roemer, John, eds. 1993. Market Socialism: The Current Debate. New York: Oxford University Press.Google Scholar
Barenberg, Mark. 1993. “The Political Economy of the Wagner Act: Power, Symbol, and Workplace Cooperation,” Harvard Law Review 106, 7: 1379–1496.CrossRefGoogle Scholar
Barenberg, Mark. 1994. “Democracy and Domination in the Law of Workplace Cooperation,” Columbia Law Review 94, 3: 743–983.Google Scholar
Barenberg, Mark. 2009. “Sustaining Workers’ Bargaining Power in an Age of Globalization: Institutions for the Meaningful Enforcement of International Labor Rights,” Economic Policy Institute, Briefing Paper #246 (October 9, 2009).Google Scholar
Barenberg, Mark. 2015. “Widening the Scope of Worker Organizing: Legal Reforms to Facilitate Multi-Employer Organizing, Bargaining, and Striking,” The Roosevelt Institute (October 7, 2015).Google Scholar
Bourgue, Gilles, Mendell, Margie, and Rouzier, Ralph. 2013. “Solidarity Finance: History of an Emerging Practice,” in Bouchard, Marie, ed. Innovation and the Social Economy: The Quebec Experience. Toronto: University of Toronto Press, pp. 180–205.Google Scholar
Briggs, Asa, and Burke, Peter. 2020. A Social History of the Media. 4th ed. London: Polity.Google Scholar
Davis, Mike. 2018. Prisoners of the American Dream: Politics and Economy in the History of the US Working Class. Brooklyn, NY: Verso.Google Scholar
Douglas, William, Ferguson, John-Paul, and Klett., Erin 2004. “An Effective Confluence of Forces in Support of Workers’ Rights: ILO Standards, US Trade Laws, Unions, and NGOs,” Human Rights Quarterly 26, 2: 273–299.CrossRefGoogle Scholar
Dreze, Jacques. 1993. “Self-Management and Economic Theory: Efficiency, Funding, and Employment,” in Barden, Pranab and Roemer, John, eds. Market Socialism: The Current Debate. New York: Oxford University Press.Google Scholar
Duncan, Della, and Raymond, Robert. 2018. “Worker Cooperatives: Widening Spheres of Democracy,” Upstream, Podcast Transcript: Episode 8.1, Pt. 2.Google Scholar
Fleurbaey, Marc. 1993. “Economic Democracy and Equality: A Proposal,” in Barden, Pranab and Roemer, John, eds. Market Socialism: The Current Debate. New York: Oxford University Press.Google Scholar
Forbath, William. 1985. “The Ambiguities of Free Labor: Labor and Law in the Gilded Age,” Wisconsin Law Review 1985: 767–817.Google Scholar
Hale, Robert. 1923. “Coercion and Distribution in a Supposedly Non-Coercive State,” Political Science Quarterly 38, 3: 470–494.Google Scholar
Hale, Robert. 1943. “Bargaining, Duress, and Economic Liberty,” Columbia Law Review 43, 5: 603–628.Google Scholar
Hertel-Fernandez, Alexander. 2018. “Policy Feedback as Political Weapon: Conservative Advocacy and the Demobilization of the Public Sector Labor Movement,” Perspectives on Politics 16, 2: 362–379.Google Scholar
Hockett, Robert. 2009. “Bringing It All Back Home: How to Save Main Street, Ignore K Street, and Thereby Save Main Street,” Fordham Urban Law Journal 36, 3: 427–445.Google Scholar
Hyman, Richard. 2009. “How Can We Study Industrial Relations Comparatively?”, in Blanpain, Roger, ed. The Modernization of Labor Law and Industrial Relations in Comparative Perspective. The Hague: Kluwer.Google Scholar
Isser, Mindy. 2020. “The Union Members Who Voted for Trump Have to Be Organized – Not Ignored,” In These Times (December 28, 2020).Google Scholar
Kalecki, Michał. 1943. “Political Aspects of Full Employment,” Political Quarterly 14, 4: 322–330.Google Scholar
Katznelson, Ira. 2013. Fear Itself: The New Deal and the Origins of Our Time. New York: W. W. Norton & Co.Google Scholar
Kennedy, Duncan. 1991. “The Stakes of Law, or Hale and Foucault!,” Legal Studies Forum 15, 4: 327–361.Google Scholar
Kochan, Thomas, Katz, Harry, and McKersie, Robert. 1994. The Transformation of American Industrial Relations. Ithaca, NY: Cornell University Press.Google Scholar
Krippner, Greta. 2011. Capitalizing on Crisis: The Political Origins of the Rise of Finance. Cambridge, MA: Harvard University Press.Google Scholar
Kristensen, Peer, and Zeitlin, Jonathan. 2005. Local Players in Global Games: The Strategic Constitution of a Multinational Corporation. Oxford: Oxford University Press.Google Scholar
Kristof, Nicholas. 2014. “It’s Now the Canadian Dream,” The New York Times (May 15, 2014).Google Scholar
Lothian, Tamara. 2017. Law and the Wealth of Nations: Finance, Prosperity, and Democracy. New York: Columbia University Press.Google Scholar
Martin, Christopher. 2003. Framed!: Labor and the Corporate Media. Ithaca, NY: Cornell University Press.Google Scholar
Marx, Karl. 1990. Capital, Vol. 1 [1st German ed., 1867]. Ben Fowkes, trans. London: Penguin Books.Google Scholar
Miliband, Ralph. 1973. The State in Capitalist Society: The Analysis of the Western System of Power. London: Quartet Books.Google Scholar
Nielsen, . 2018. “Americans Today Spend Nearly Half a Day Interacting with Media,” Nielsen Insights (July 18, 2018).Google Scholar
Nutting, Rex. 2018. “America’s Inflation Problem Isn’t High Wages, It’s High Rent.” MarketWatch (March 13, 2018).Google Scholar
Offe, Claus. 1985. Disorganized Capitalism: Contemporary Transformations of Work and Politics. Cambridge, MA: MIT Press.Google Scholar
Padget, Stephen, and Peterson, William. 1991. A History of Social Democracy in Post-war Europe. London: Longman.Google Scholar
Pilling, David. 2018. The Growth Delusion: Wealth, Poverty, and the Well-Being of Nations. New York: Tim Duggan Books.Google Scholar
Polanyi, Karl. 1944. The Great Transformation: The Political and Economic Origins of Our Time. 1st ed. New York: Farrar & Rinehardt.Google Scholar
Polaski, Sandra. 2009. “Harnessing Global Forces to Create Decent Work in Cambodia,” International Institute for Labour Studies 119. Geneva: International Labor Office.Google Scholar
Puette, William. 1992. Through Jaundiced Eyes: How the Media View Organized Labor. Ithaca, NY: Cornell University Press.Google Scholar
Ranis, Peter. 2016. Cooperatives Confront Capitalism: Challenging the Neoliberal Economy. London: Zed Books.Google Scholar
Rogers, Joel. 1990. “Further ‘Reflections on the Distinctive Character of American Labor Laws’,” Wisconsin Law Review 1990, 1: 1–147.Google Scholar
Roosevelt, Franklin D. “Acceptance Speech, Democratic National Convention” (June 27, 1936). http://millercenter.org/president/speeches/speech-3305Google Scholar
Sanders, Bernie. 2019. “Speech from Senate Floor: The Promise of the American Dream,” Facebook (October 14, 2019) (last visited December 27, 2020). www.facebook.com/watch/?v=10158295736002908Google Scholar
Sanders, Bernie. 2020. “Issues: Jobs and an Economy For All,” “Bernie’s” Website (last visited December 27, 2020). https://berniesanders.com/issues/jobs-for-allGoogle Scholar
Schumpeter, Joseph. 1994. A History of Economic Analysis [1st ed. 1954]. London: Routledge.Google Scholar
Shefner, Jon, and Fernandez-Kelly, Patricia, eds. 2011. Globalization and Beyond. University Park, PA: Penn State University Press.Google Scholar
Staff. 2020. “Netflix Saved its Average Viewer From 9.1 Days of Commercials in 2019,” Review.com (November 6, 2020).Google Scholar
Streeck, Wolfgang. 2014. Buying Time: The Delayed Crisis of Democratic Capitalism. Patrick Camiller, trans. New York: Verso.Google Scholar
Strum, Phillipa. 1984. Louis D. Brandeis: Justice for the People. Cambridge, MA: Harvard University Press.Google Scholar
Sunstein, Cass. 2017. #Republic: Divided Democracy in the Age of Social Media. Princeton, NJ: Princeton University Press.Google Scholar
Tankersley, Jim. 2016. “American Dream Collapsing for Young Adults, Study Says, As Odds Plunge that Children Will Earn More than Their Parents,” The Washington Post (December 8, 2016)Google Scholar
Tooze, Adam. 2018. Crashed: How a Decade of Financial Crises Changed the World. New York: Viking Press.Google Scholar
Unger, Roberto Mangabeira. 2001. Democracy Realized: The Progressive Alternative. New York: Verso.Google Scholar
Warren, Elizabeth, and Tyagi, Amelia Warren. 2016. The Two-Income Trap: Why Middle-Class Families Are (Still) Going Broke. New York: Basic Books.Google Scholar
Weber, Max. 2003. A General Economic History [1st German ed., 1927]. Frank Knight, trans. Mineola, New York: Dover Publications.Google Scholar
Wilmarth, Arthur. 2013. “Turning a Blind Eye: Why Washington Keeps Giving in to Wall Street,” University of Cincinnati Law Review 81: 1283–1446.Google Scholar
Wolff, Richard. 2012. Democracy at Work: A Cure for Capitalism. Chicago: Haymarket Books.Google Scholar
Wu, Tim. 2016. The Attention Merchants: The Epic Scramble to Get Inside Our Heads. New York: Knopf.Google Scholar
Zuboff, Shoshana. 2019. The Age of Surveillance Capitalism: The Fight for a Human Future at the New Frontier of Power. New York: PublicAffairs.Google Scholar