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The Cogs and Wheels of Reflexive Law – Business Disclosure under the Modern Slavery Act
Author(s) -
Wen Shuangge
Publication year - 2016
Publication title -
journal of law and society
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.263
H-Index - 48
eISSN - 1467-6478
pISSN - 0263-323X
DOI - 10.1111/j.1467-6478.2016.00758.x
Subject(s) - reflexivity , context (archaeology) , law , sociology , political science , law and economics , human rights , social science , history , archaeology
In response to the novel challenges posed by labour exploitation in the contemporary business context, recent years have witnessed an increasing adoption of reflexive law in the form of slavery disclosure, s. 54 of the United Kingdom Modern Slavery Act 2015 (MSA) being the latest attempt. Given that the pragmatic usages and effects of reflexive law have been explored far less to date than its conceptual and jurisprudential implications, this article seeks to put matters right by critically examining the use of this regulatory mode in the context of s. 54. It also aims to contribute to the broader appraisal of regulatory methods by comparing reflexive laws with the traditional regulatory dichotomy which has long dominated debates on globalized business and human rights.