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The Economic Sociology of Labour Law
Author(s) -
Dukes Ruth
Publication year - 2019
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/jols.12168
Subject(s) - institution , constitution , sociology , labour law , work (physics) , context (archaeology) , sociology of law , industrial sociology , order (exchange) , field (mathematics) , action (physics) , economic sociology , law and economics , law , economics , political science , social science , mechanical engineering , paleontology , physics , mathematics , finance , quantum mechanics , pure mathematics , biology , engineering
Drawing on the work of Max Weber, this article considers the utility of an approach to the study of labour law, which it calls the economic sociology of labour law (ESLL). It identifies the contract for work as the key legal institution in the field, and the primary focus of scholarly analysis. Characterizing the act of contracting for work as an example of what Weber called economic social action oriented to the legal order , it proposes that Weber's notion of the labour constitution be used to map the context within which contracting for work takes place. And it argues that, in comparison to traditional socio‐legal approaches, ESLL has the significant advantage of allowing for account to be taken of the individual and commercial, as well as the social and legal, elements of contracting for work.