International Journal of Comparative Labour Law and Industrial Relations
Volume 32 (2016)
Volume 32 (2016) / Issue 4
This article considers whether the Capability Approach, fundamentally taken as a normative theory, can provide a new and updated foundation for labour law. After an overview of the reasons for the crisis in the traditionally accepted foundations of labour law, the article examines whether the Capability Approach is able to speak the language of legal rights, and in particular labour rights. The core of the analysis also considers whether the Capability Approach can effectively address the dimension of power, which is crucial in employment relations, and vice versa whether the notion of individual autonomy supported by the Capability Approach can be a strategic and valuable goal for labour law. In addition the article explores whether the cognitive gains ensuing from the Capability Approach can enable labour lawyers to cultivate a broader vision of the scope of the discipline. In conclusion it will be argued that the Capability Approach has the potential to make a significant contribution to the elaboration of a more dynamic and sustainable labour law.
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