labour law

Question 1

Posner

Answer 1

1. in relation to earlier analysis of labor law
2. Trade unions will cartelize the labour market using labour law.

Question 2

Epstein

Answer 2

1. In relation to earlier analysis of labour law.
2. Employment protection schemes will interfere with the efficient incentive structure operating at the level of individual contract of employment.

Question 3

Rowley

Answer 3

1. Basis of Posner and Epstein’s arguments.
2. Public-choice critique of state action.

Question 4

Hayek

Answer 4

1. Basis of Posner and Epstein’s arguments.
2. Libertarian attack upon attempts to legislate for social justice.

Question 5

Deregulation

Answer 5

Removal of all/part of legislations of welfare state and encouragement of labour flexibility.

Question 6

Levine and Parker

Answer 6

1. related to some of the benefits of regulation discovered by economic theory.
2. appropriate incentive structure- firm specific skills.
3. economic efficiency enhancing effect of legislation governing the termination of employees.

Question 7

Roger and Streeck

Answer 7

1. Workforce representation
2. benefits of labour market reguation discovered by economic theory with regard to apt incentive structure

Question 8

Aghion and Hermalin

Answer 8

1. formal analyses of strategic behaviour
2. related to benefits of labour market regulation
3. In asymmetric information, private bargaining will not always lead to the most optimal outcome

Question 9

Deakin and Wilkinson

Answer 9

1. related to benefits of labour market regulation
2. from broader institutional and evolutionary perspective (Hodgson)
3. A deeper understanding is required of institutional preconditions of economic exchange and learning including role of the important yet ill-defined notion of trust.

Question 10

Coase

Answer 10

1. There is no reason why, on occasion, government-administrative action should not lead to an improvement in economic efficiency.
2. issue of regulation v deregulation cannot be dismissed a priori.

Question 11

Labour Law

Answer 11

For present purposes it can be defined as- a type of regulation of employment relationship which derives itself principally from the state, through social legislations and of private law and through conventional sources such as arbitral awards and collective agreements.

Question 12

Mitchell

Answer 12

Labour law has a protective element although, how much of the protective aspect forms the essential part of labour law is a matter of disagreement.

Question 13

Wedderburn

Answer 13

1. Public regulation has ensured that labour law possesses qualified autonomy from private law of obligations
2. Context- Labour law is different from prop law, torts and contract law although these concepts are important in guiding the courts and providing definitional structure to the legislations.

Question 14

Deakins and Morris

Answer 14

1. contract of employment is a distinct object
2. not that general principles of contract law don’t apply just that they have a reduced influence in light of specific norms
3. labour law needs an identification criteria due to this separation from general principles across- control, integration and economic reality to define the relationships these specific norms govern