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: Camilla Pickles
Publisher: Routledge
ISBN: 0429812906
Category : Health & Fitness
Languages : en
Pages : 281
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Book Description
This book is inspired by a statement released by the World Health Organization directed at preventing and eliminating disrespectful and abusive treatment during facility-based childbirth. Exploring the nature of vulnerability during childbirth, and the factors which make childbirth a site for violence and control, the book looks at the role of law in the regulation of professional intervention in childbirth. The WHO statement and other published work on ‘mistreatment’, ‘obstetric violence’, ‘birth trauma’, ‘birth rape’, and ‘dehumanised care’ all point to the presence of vulnerability, violence, and control in childbirth. This collected edition explores these issues in the experience of those giving birth, and for those providing obstetric services. It further offers insights regarding legal avenues of redress in the context of this emerging area of concern. Using violence, vulnerability, and control as a lens through which to consider multiple facets of the law, the book brings together innovative research from an interdisciplinary selection of authors. The book will appeal to scholars of law and legal academics, specifically in relation to tort, criminal law, medical law, and human rights. It will also be of interest to postgraduate scholars of medical ethics and those concerned with gender studies more broadly.
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: 1000005097
Category : Business & Economics
Languages : en
Pages : 330
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Book Description
Vulnerability management (VM) has been around for millennia. Cities, tribes, nations, and corporations have all employed its principles. The operational and engineering successes of any organization depend on the ability to identify and remediate a vulnerability that a would-be attacker might seek to exploit. What were once small communities became castles. Cities had fortifications and advanced warning systems. All such measures were the result of a group recognizing their vulnerabilities and addressing them in different ways. Today, we identify vulnerabilities in our software systems, infrastructure, and enterprise strategies. Those vulnerabilities are addressed through various and often creative means. Vulnerability Management demonstrates a proactive approach to the discipline. Illustrated with examples drawn from Park Foreman’s more than three decades of multinational experience, the book demonstrates how much easier it is to manage potential weaknesses than to clean up after a violation. Covering the diverse realms that CISOs 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. Completely updated, the second edition provides a fundamental understanding of technology risks—including a new chapter on cloud vulnerabilities and risk management—from an interloper’s perspective. This book is a guide for security practitioners, security or network engineers, security officers, and CIOs seeking understanding of VM and its role in the organization. To serve various audiences, it covers significant areas of VM. Chapters on technology provide executives with a high-level perspective of what is involved. Other chapters on process and strategy, although serving the executive well, provide engineers and security managers with perspective on the role of VM technology and processes in the success of the enterprise.
Author: Cathryn Costello
Publisher:
ISBN: 0198714106
Category : Business & Economics
Languages : en
Pages : 502
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Book Description
There is a highly significant and under-considered intersection and interaction between migration law and labor law. Labor lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labor law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labor rights and how the regulation of migration increasingly impacts upon employment and labor relations. Examining and clarifying the interactions between migration, migration law, and labor law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labor law, privileging concerns about the labor supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labor law. Chapters cover the labor laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labor law, for instance in their shared contemporary shift to using temporary labor migration programs. Further chapters examine EU and international law on migration, labor rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labor law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.
Author: Jorge Nef
Publisher: IDRC
ISBN: 0889368791
Category : Developing countries
Languages : en
Pages : 136
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Book Description
Human Security and Mutual Vulnerability: The global political economy of development and underdevelopment (Second Edition)
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: 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.
