scholarly journals Finding New Ways of “Doing” Socio-Legal Labor Law History in Germany and the UK: Introducing a “Minor Comparativism”

2020 ◽  
Vol 21 (7) ◽  
pp. 1378-1392
Author(s):  
Rebecca Zahn
Keyword(s):  
Final Section ◽  
Labor Relations ◽  
Industrial Relations ◽  
Labor Law ◽  
Academic Cultures ◽  
Legal Origins ◽  
The Uk ◽  
A Minor ◽  
Methodological Debate

AbstractLabor law scholars have been receptive to socio legal methods, going beyond doctrinal legal sources and looking to other disciplines including industrial relations, sociology, and history. This Article revisits the development of socio legal labor law scholarship in Germany and the UK in order to understand the different approaches within the context of two different legal and academic cultures, and considers how a comparison can provide new insights at a time when the discipline is in a state of flux. In particular, this Article focuses on how history can provide an entrée into different ways of comparing labor law and labor relations systems. It seeks to start a methodological debate on “how to do” labor law history within the context of the discipline’s socio legal origins. In a final section, it uses insights from history and comparative law in order to develop a new methodology—a “minor comparativism”—which unearths the processes and influences underpinning the historical development of labor law which have hitherto escaped the legal record. Such an approach enables scholars to reassess traditional narratives—a worthwhile endeavor at a time when the future role of labor law in regulating work is under scrutiny.

scholarly journals The UK Smoke Constituents Testing Study. Summary of Results and Comparison with Other Studies

2004 ◽  
Vol 21 (2) ◽  
pp. 117-138 ◽  
Author(s):  
E Gregg ◽  
C Hill ◽  
M Hollywood ◽  
M Kearney ◽  
D McLaughlin ◽  
...  
Keyword(s):  
Yield Variability ◽  
Analytical Determination ◽  
Minor Role ◽  
Department Of Health ◽  
Routine Measurement ◽  
Wide Range ◽  
The Uk ◽  
A Minor ◽  
Analytical Variation

AbstractAt the request of the UK Department of Health, samples of 25 commercial UK cigarette brands were provided to LGC Ltd a for smoke analysis. The brands reflected a high market share (58% in July 2001) and included a wide range of blend and product styles manufactured and imported into the UK.= 0.76), suggesting a minor role of other design features on constituents yield variability. This was confirmed by the application of multiple regression analysis to the data. A subset of five brands, retested at another laboratory, gave between-laboratory differences in mean constituent yields of as much as 2.5-fold. Consideration of these results, other likely sources of analytical variation in this study and a review of other studies, clearly indicates that any tolerance values to be associated with individual smoke constituent measurements will be greater than those for NFDPM, and in some cases, much greater. Consistent with the reported results from other large studies it is concluded that, under ISO smoking conditions, smoke constituent yields are largely predictable, if NFDPM and CO yields are known, for a standard cigarette. Given these observations and the likely limitations of analytical determination, the need for routine measurement of smoke constituent yields, other than NFDPM, nicotine or CO, on standard cigarettes, is questionable.

scholarly journals ‘HOW WELL ARE WE DOING?’ THE UNITED KINGDOM AND ITS IMPLEMENTATION OF THE OECD ANTI-BRIBERY CONVENTION

2017 ◽  
Vol 29 (1) ◽  
pp. 109-130
Author(s):  
John Hatchard
Keyword(s):  
United Kingdom ◽  
International Business ◽  
Final Section ◽  
Good Practice ◽  
Public Officials ◽  
Business Transactions ◽  
The United Kingdom ◽  
Oecd Convention ◽  
The Uk

The Organisation for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (the OECD Convention) entered into force on 15 February 1999. As at 31 May 2017, there were 41 State Parties (the Parties) comprising the thirty-five OECD member countries and six non-member countries.The United Kingdom (UK) ratified the Convention in 1998. The OECD Convention is supplemented by the Revised Recommendations of the Council of the OECD on Combating Bribery in International Business Transactions (the 2009 Recommendations),Annex I of which contains “Good Practice Guidance on Implementing Specific Articles of the Convention.”In March 2017, the OECD Working Group on Bribery in International Business Transactions (the WGB) published its Phase 4 Report on the United Kingdom’s implementation of the OECD Convention (Phase 4 Report).Having provided a short background section on the scope of the OECD Convention and the role of the WGB, the following section will review some of the key recommendations contained in the Phase 4 Report. In the final section, an assessment is made as to how well the UK is doing with regard to the implementation of its OECD Convention obligations.   

scholarly journals Opportunities and Challenges of Labor Law Construction under the Background of Supply-side Reform

2021 ◽  
Vol 235 ◽  
pp. 02044
Author(s):  
Zhijie Yu
Keyword(s):  
Cloud Computing ◽  
Social Development ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Use Of Resources ◽  
Big Data Applications ◽  
The Social ◽  
Law Construction

In the context of global economic integration, the driving force to promote social development has shifted quietly. In the era of knowledge economy, the emergence of cloud computing and intelligence industries has solved the problems of high costs of IT in the past, strengthened artificial intelligence and big data applications, enhanced the efficiency of the use of resources in the entire process of the industry, and promoted industrial integration and upgrading. In the construction of the labor rule of law, the current background of our country needs to be taken into account and intellectual technologies such as cloud computing can be applied to improve the “Labor Contract Law” and maintain harmonious and stable labor relations. The role of human resources should be given full play in the social development process to solve the current problems such as the lack of flexibility in labor relations, the deviation of the public’s perception of labor law, and the imbalance of legal regulation, so as to accelerate our economic development.

scholarly journals ON THE FUTURE OF LABOR LAW IN THE ERA OF CHANGE

2018 ◽  
pp. 55-65
Author(s):  
ANDREУ LUSHNIKOV ◽  
MARINA LUSHNIKOVA
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Social Partner ◽  
International Labor ◽  
The Future ◽  
Logical Method ◽  
Basic Characteristics ◽  
Further Development

Introduction: in this article the authors examine the complex issues related to certain contours of the future of labor law in the conditions of change. An analysis of contemporary Western and Russian literature on the stated topic is given. Methods: comparative legal, historical, system methods, as well as the modeling method and the formal-logical method. Analysis: particular attention is paid to the numerical growth of atypical labor relations, which are inherent in the postindustrial society. Their main characteristics associated with a deviation from the three classical cha- racteristics (personal, organizational and property), as well as from the model of the traditional «working» contract, are proposed. It stressed the importance of information, technological and social aspects of the new organization of work, discussed the problem of «living wage» and the prospects of its solution. Results: the authors proposed three options for further development of labor law, the most likely one was identified. According to the authors, this option is associated with a reduction in the scope of the mandatory legal regulation of labor relations and the total number of specialized regulatory legal acts, with an increase in the role of judicial law. Accordingly, the role of horizontal (individual-contractual and social-partner) regulation of labor relations increases. The article proposes the author’s periodization of the stages of labor organization. As the conclusions the basic characteristics inherent in labor law of the future are offered: 1) strengthening of flexibility in regulation of labor relations, expansion of the sphere of normative differentiation and contractual regulation; 2) the transformation of labor law towards a comprehensive legal education «human rights in the process of wor- king life», 3) the growing role of international labor law in connection with the process of globalization.

scholarly journals “Forces for peace because of the magic in them”: Processes of Anglo-Soviet musical exchange c.1959-1974

Slovo ◽  
2021 ◽  
Author(s):  
Isobel Thompson
Keyword(s):  
Final Section ◽  
Classical Music ◽  
Classical Musicians ◽  
Musical Exchange ◽  
The Uk ◽  
The Cold War ◽  
Cultural Freedom ◽  
The Impact ◽  
Soviet Music

Musical histories of the Cold War frequently emphasise the impact of American musical tours to socialist countries and the ‘weaponisation’ of modernist music, supposedly representative of the cultural freedom exclusive to the capitalist West, against the strict confines of Socialist Realism. This narrative, however, denies the vast output of classical music from the USSR and the brilliance of Soviet classical musicians, who consistently dominated international music competitions.   This paper explores the British reception of visiting Soviet classical musicians to the UK from a multi-layered perspective. Starting with an analysis of the ways Anglo-Soviet musical exchanges were carried out through official government agreements, it goes beyond the traditional political focus to highlight the hitherto neglected role of British impresarios Victor and Lilian Hochhauser in coordinating Anglo-Soviet musical exchanges, and their fundamental importance to the success of such performances in Britain. It also examines interactions between Soviet and British musicians, and the relevance of these relationships to cultural diplomacy more broadly. The final section explores how Soviet music was presented to British audiences in programme notes and received in the broadsheet press. 

scholarly journals Peering Inside the “Black Box”: The Impact of Management-Side Representatives on the Industrial Relations Climate of Organizations

2019 ◽  
Vol 45 (3) ◽  
pp. 250-272
Author(s):  
Shelagh Campbell ◽  
Johanna Weststar
Keyword(s):  
Pilot Study ◽  
Formal Education ◽  
Labor Relations ◽  
Industrial Relations ◽  
Black Box ◽  
Labor Management ◽  
Proactive Approach ◽  
Study Results ◽  
The Impact

The labor climate of an organization can have a great impact on productivity and efficiency. Managing this climate is often left to union stewards and management-side labor relations representatives. While there is a large literature on the role of union stewards, little is written about the role that management-side labor relations representatives play in establishing or maintaining positive labor-management relations. Building from a series of interviews with labor relations representatives in Canada and a nationwide pilot study of frontline industrial relations workers, we model the role of the labor relations representatives and their specific job actions in the established model of labor climate. Considering personal, structural, and attitudinal antecedents and measures of individual effectiveness, the study reveals that flexibility and informality matter more than formal education in industrial relations for creating positive labor climate. The study results indicate that labor relations representatives have the potential to play an important role in maintaining positive labor climate, if given more opportunity to take a proactive approach.

American Labor Law: Its Impact on Working-Class Militancy, 1901–1980

1988 ◽  
Vol 12 (1) ◽  
pp. 1-29 ◽  
Author(s):  
Michael Wallace ◽  
Beth A. Rubin ◽  
Brian T. Smith
Keyword(s):  
Working Class ◽  
Social Relations ◽  
Labor Relations ◽  
Labor Law ◽  
Basic Feature ◽  
Institutional Setting ◽  
Central Arena ◽  
American Working Class ◽  
American Labor

The creation of legal parameters to structure social relations is a basic feature of modern capitalist society. Law plays a major role in shaping the institutional setting within which conflicts arise, develop, and reach their resolution. Likewise, legislative solutions to pressing social conflicts create new possibilities and strategies for social change. The struggles between capitalists and the working class that have historically marked capitalist economic development constitute a central arena for the legislative restructuring of social relations. Yet, few have systematically studied the role of law in shaping the development of capital-labor relations (for some important exceptions, see Steinberg, 1982; Tomlins, 1985). In this paper, we explore the legal structuring of American working-class militancy in the twentieth century, a prominent dimension of capital-labor relations, but one for which the legislative underpinnings remain unclear.

scholarly journals Considerations on the mechanism used for applying disciplinary sanctions

2020 ◽  
Vol 7 ◽  
pp. 122-127
Author(s):  
Nicolescu Adrian
Keyword(s):  
Essential Role ◽  
Labor Relations ◽  
Preliminary Investigation ◽  
Labor Law ◽  
Criminal Sanctions ◽  
Abusive Behavior ◽  
Strict Compliance ◽  
Correct Application ◽  
The Individual

The essential role of the disciplinary sanctions is similar to that of the criminal sanctions and consists in the future prevention of facts that could affect the labor relations, which result from the individual employment contract concluded between the employer and the employee according to the law. In the current labor law, the legislator left within the employer the power to sanction the employee in the situation in which he violates the discipline of work, but this possibility is not a non-binding one, but one in strict compliance with the legislation in force.  For the correct application of the disciplinary sanctions, that is to say, without prejudice to the rights of the employee, no disciplinary sanction, except the written warning, can be disposed of before carrying out the preliminary disciplinary investigation. Once the employee's guilt has been ascertained and after carrying out the preliminary investigation in accordance with the imposed procedures, the employer is able to establish the disciplinary sanction taking into account the following legal criteria, such as the circumstances in which the act was committed, the degree of the employee's guilt and, not in last, the general behavior at work. The disciplinary sanction, in general, in order to be implemented by the employer, must be outlined by means of a written one, respectively by a sanctioning decision that is communicated to the employee so that he is aware its provisions, and in certain cases it can challenge an eventual abusive behavior of the employer. Through this administrative instrument there are clearly described the deviations of the employee from the labor norms.   

United Kingdom

2019 ◽  
pp. 350-373
Author(s):  
Stuart Bell
Keyword(s):  
United Kingdom ◽  
Environmental Regulation ◽  
Pollution Control ◽  
Final Section ◽  
Central Government ◽  
Environmental Law ◽  
The United Kingdom ◽  
Core Areas ◽  
The Uk

This chapter examines the overall structure and substance of environmental law in the United Kingdom (UK). There are three main sections—the first considers the allocation of power for environmental regulation in the UK by analysing three competing forces that have helped to shape the ‘infrastructure’ of environmental law in the United Kingdom. The second section provides an outline of the structure and substance of the core areas of environmental regulation in the United Kingdom. The aim here is to summarize the techniques employed in the UK to regulate environmental quality, land use, waste management, nature conservation, and industrial pollution control. The final section addresses implementation; focusing on the role of central government, local government, specialist agencies, and courts and tribunals.

The Radical Right in the United Kingdom

2018 ◽  
Author(s):  
Matthew J. Goodwin ◽  
James Dennison
Keyword(s):  
United Kingdom ◽  
Final Section ◽  
Radical Right ◽  
The United Kingdom ◽  
Ugly Duckling ◽  
Radical Right Parties ◽  
The Uk ◽  
European Parliament Elections ◽  
Western Democracies

This chapter examines the evolution of the extreme and radical right in the United Kingdom, providing an overview of its historical, organizational, and electoral development. In contrast to the experience of several other Western democracies, the repeated failures of extreme and radical right parties in Britain led academics to point to “British exceptionalism,” or to portray this case as the “ugly duckling” in the wider family of Europe’s extreme right. However, between 2010 and 2016, the UK Independence Party (UKIP) scored a string of impressive successes, finishing ahead of the mainstream parties in the 2014 European Parliament elections, then winning nearly 13 percent of the popular vote in the 2015 general election. The final section considers the role of UKIP in the United Kingdom’s 2016 referendum on European Union membership and what the future is likely to hold for the radical right in Britain.

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