Vulnerability and the Legal Organization of Work PDF Download
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Author: Martha Albertson Fineman
Publisher: Routledge
ISBN: 1315518554
Category : Business & Economics
Languages : en
Pages : 400
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Book Description
This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.
Author: Martha Albertson Fineman
Publisher: Routledge
ISBN: 1315518554
Category : Business & Economics
Languages : en
Pages : 400
Get Book Here
Book Description
This book uses the concepts of vulnerability and resilience to analyze the situation of individuals and institutions in the context of the employment relationship. It is based on the premise that both employer and employee are vulnerable to various social, economic, and political forces, although differently so. It demonstrates how in responding to those complementary institutional relationships of employer and employee the state unequally and inequitably favors employers over employees. Several chapters included in this collection also consider how the state shapes, creates and maintains through law the social identities of employer and employee and how that legal regime operates as the allocation of power and privilege. This unique and fundamental role of the state in defining the employment relationship profoundly affects the respective abilities and degree of resiliency of actual employers and employees. Other chapters explore how attention to the respective vulnerability and resilience of those who do and those who direct work in assessing the employment relationship can raise fundamental questions of social justice and suggest new avenues for critical engagement with labor and employment law. Collectively, these pieces articulate a framework for imaging what would constitute an appropriately "Responsive State" in the employment context and how those interested in social justice might begin to use the concepts of vulnerability and resilience in their arguments.
Author: Nicole Busby
Publisher: Bloomsbury Publishing
ISBN: 1509904603
Category : Law
Languages : en
Pages : 185
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Book Description
Families in market economies have long been confronted by the demands of participating in paid work and providing care. Across Europe the social, economic and political environment within which families do so has been subject to substantial change in the post-World War II era and governments have come under increasing pressure to engage with this important area of public policy. In the UK, as elsewhere, the tensions which lie at the heart of the paid work/unpaid care conflict remain unresolved posing substantial difficulties for all of law's subjects both as carers and as the recipients of care. What seems like a relatively simple goal – to enable families to better balance care-giving and paid employment – has been subject to and shaped by shifting priorities over time leading to a variety of often conflicting policy approaches. This book critiques how working families in the UK have been subject to regulation. It has two aims: · To chart the development of the UK's law and policy framework by focusing on the post-war era and the growth and decline of the welfare state, considering a longer historical trajectory where appropriate. · To suggest an alternative policy approach based on Martha Fineman's vulnerability theory in which the vulnerable subject replaces the liberal subject as the focus of legal intervention. This reorientation enables a more inclusive and cohesive policy approach and has great potential to contribute to the reconciliation of the unresolved conflict between paid work and care-giving.
Author: Bryan S. Turner
Publisher: Penn State Press
ISBN: 0271030445
Category : Social Science
Languages : en
Pages : 168
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Book Description
The mass violence of the twentieth century’s two world wars—followed more recently by decentralized and privatized warfare, manifested in terrorism, ethnic cleansing, and other localized forms of killing—has led to a heightened awareness of human beings’ vulnerability and the precarious nature of the institutions they create to protect themselves from violence and exploitation. This vulnerability, something humans share amid the diversity of cultural beliefs and values that mark their differences, provides solid ground on which to construct a framework of human rights. Bryan Turner undertakes this task here, developing a sociology of rights from a sociology of the human body. His blending of empirical research with normative analysis constitutes an important step forward for the discipline of sociology. Like anthropology, sociology has traditionally eschewed the study of justice as beyond the limits of a discipline that pays homage to cultural relativism and the “value neutrality” of positivistic science. Turner’s expanded approach accordingly involves a truly interdisciplinary dialogue with the literature of economics, law, medicine, philosophy, political science, and religion.
Author: Chris Dietz
Publisher: Springer Nature
ISBN: 3030422003
Category : Social Science
Languages : en
Pages : 316
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Book Description
This book brings together a range of theoretical perspectives to consider fundamental questions of health law and the place of the body within it. Health, and more recently health law, has long been animated by discussions of particular bodies - whether they are disordered, diseased, or disabled - but each of these classificatory regimes claim some knowledge about the body. This edited collection aims to uncover and challenge the fundamental assumptions that underpin medico-legal knowledge claims about such bodies. This exploration is achieved through a mix of perspectives, but many contributors look towards embodiment as a perspective that understands bodies to be shaped by their institutional contexts. Much of this work alerts us to the idea that medical practitioners not only respond to healthcare issues, but also create them through their own understandings of ‘normality’ and ‘fixing’. Bodies, as a result, cannot be understood outside of, or as separate to, their medical and legal contexts. This compelling book pushes the possibility of new directions in health care and health justice. Chapter 5 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Author: Park Foreman
Publisher: CRC Press
ISBN: 1439801517
Category : Business & Economics
Languages : en
Pages : 354
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Book Description
As old as the threat of danger itself, vulnerability management (VM) has been the responsibility of leaders in every human organization, from tribes and fiefdoms right up through modern multinationals. Today, the focus of vulnerability management is still on infrastructure, but as knowledge is power and the lifeblood of any organization is its capacity for quick system-wide response, current emphasis needs to be placed on maintaining the integrity of IT applications, so critical to the real and the virtual infrastructure and productivity of any community or business entity. Written by international security consultant Park Foreman, Vulnerability Management demonstrates a proactive approach. Illustrated with examples drawn from more than two decades of multinational experience, Foreman demonstrates how much easier it is to manage potential weaknesses, than to clean up after a violation. Covering the diverse realms that chief officers need to know and the specifics applicable to singular areas of departmental responsibility, he provides both the strategic vision and action steps needed to prevent the exploitation of IT security gaps, especially those that are inherent in a larger organization. Providing a fundamental understanding of technology risks from an interloper's perspective, this efficiently organized work: Offers the guidance you need to develop and personalize your own VM management program Goes far beyond the obvious to cover those areas often neglected, as well as those that are actually less secure than they might appear Demonstrates a host of proven methods to assess and reduce the potential for exploitation from within and withoutProvides detailed checklists used by the author Throughout history, the best leaders not only responded to manifested threats but anticipated and prepared for potential ones that might overtly or insidiously compromise infrastructure and the capacity for productivity. Great vulnerability management is often hard to quantify, as the best measure of its success is that which never happens.
Author: Sven Fuchs
Publisher: Cambridge University Press
ISBN: 1107154898
Category : Business & Economics
Languages : en
Pages : 369
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Book Description
A comprehensive overview of the concepts of vulnerability and resilience for natural hazards research for both physical and social scientists.
Author: Makane Moïse Mbengue
Publisher: BRILL
ISBN: 9004472363
Category : Law
Languages : en
Pages : 208
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Book Description
This volume offers a series of short and highly self-reflective essays by leading international lawyers on the relation between international law and crises. It particularly shows that international law shapes the crises that it addresses as much as it is shaped by them. It critically evaluates the modes of intervention of international law in the problems of the world. Together these essays provide a unique stocktaking about the role, limits, and potential of international law as well as the worlds that are imagined through international lawyers’ vocabularies.
Author: Sara Benedí Lahuerta
Publisher: Edward Elgar Publishing
ISBN: 1803920424
Category : Law
Languages : en
Pages : 387
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Book Description
This timely book evaluates the advantages and challenges of adopting pay transparency legislation (PTL) to address the ongoing issues of the gender pay gap. Chapters contextually examine whether PTL can help reduce the gender pay gap and discuss which factors should be considered to potentially boost the effects of this legal intervention.
Author: Piers Blaikie
Publisher: Routledge
ISBN: 1134528612
Category : Science
Languages : en
Pages : 492
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Book Description
The term 'natural disaster' is often used to refer to natural events such as earthquakes, hurricanes or floods. However, the phrase 'natural disaster' suggests an uncritical acceptance of a deeply engrained ideological and cultural myth. At Risk questions this myth and argues that extreme natural events are not disasters until a vulnerable group of people is exposed. The updated new edition confronts a further ten years of ever more expensive and deadly disasters and discusses disaster not as an aberration, but as a signal failure of mainstream 'development'. Two analytical models are provided as tools for understanding vulnerability. One links remote and distant 'root causes' to 'unsafe conditions' in a 'progression of vulnerability'. The other uses the concepts of 'access' and 'livelihood' to understand why some households are more vulnerable than others. Examining key natural events and incorporating strategies to create a safer world, this revised edition is an important resource for those involved in the fields of environment and development studies.
Author: Dr Anna Grear
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472421655
Category : Law
Languages : en
Pages : 379
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Book Description
This book draws together major British and American scholars who present different perspectives on the concept of vulnerability and Fineman's ‘vulnerability thesis’. The collection demonstrates the broad and intellectually exciting potential of vulnerability as a theoretical foundation for legal and political engagements with a range of urgent contemporary challenges. Exploring ways in which vulnerability might provide a new ethical foundation for law and politics, it is of interest to the general reader, as well as academics and students in fields such as jurisprudence, philosophy, legal theory, political theory, feminist theory, and ethics.
