Feminist Reflections on the Scope of Labour Law: Domestic Work, Social Reproduction and Jurisdiction

Drawing on feminist labour law and political economy literature, I argue that it is crucial to interrogate the personal and territorial scope of labour. After discussing the “commodification” of care, global care chains, and body work, I claim that the territorial scope of labour law must be expanded beyond that nation state to include transnational processes. I use the idea of social reproduction both to illustrate and to examine some of the recurring regulatory dilemmas that plague labour markets. I argue that unpaid care and domestic work performed in the household, typically by women, troubles the personal scope of labour law. I use the example of this specific type of personal service relation to illustrate my claim that the jurisdiction of labour law is historical and contingent, rather than conceptual and universal. I conclude by identifying some of the implications of redrawing the territorial and personal scope of labour law in light of feminist understandings of social reproduction

Global standards of Constitutional law : epistemology and methodology

Just as it led the philosophy of science to gravitate around scientific practice, the abandonment of all foundationalist aspirations has already begun making political philosophy into an attentive observer of the new ways in which constitutional law is practiced. Yet paradoxically, lawyers and legal scholars are not those who understand this the most clearly. Beyond analyzing the jurisprudence that has emerged from the expansion of constitutional justice, and taking into account the development of international and regional law, the ongoing globalization of constitutional law requires comparing the constitutional laws of individual nations. Following Waldron, the product of this new legal science can be considered as ius gentium. This legal science is not as well established as one might like to think. But it can be developed on the grounds of the practice that consists in ascertaining standards. As abstract types of best “practices” (and especially norms) of constitutional law from around the world, these are only a source of law in a substantive, not a formal, sense. They thus belong to what I should like to call a “second order legal positivity.” In this article I will undertake, both at a methodological and an epistemological level, the development of a model for ascertaining global standards of constitutional law

Royaume-Uni

Kahn-Freund Otto. Royaume-Uni. In: Revue internationale de droit comparé. Vol. 19 N°1, Janvier-mars 1967. pp. 121-151

Rapport général

Kahn-Freund Otto. Rapport général. In: Revue internationale de droit comparé. Vol. 28 N°4, Octobre-décembre 1976. pp. 681-701

Quelques réflexions sur le règlement des conflits collectifs du travail au point de vue du droit comparé

Kahn-Freund Otto. Quelques réflexions sur le règlement des conflits collectifs du travail au point de vue du droit comparé. In: Revue internationale de droit comparé. Vol. 12 N°2, Avril-juin 1960. pp. 323-341