Labour Constitutions and Occupational Communities

Social Norms and Legal Norms at Work

Bibliographic Data

ID11448732
AuthorsRuth Dukes (0000-0001-7515-0941, School of Law University of Glasgow Stair Building, 5–9 The Square, Glasgow, G12 8QQ Scotland, corresponding author), Wolfgang Streeck (0009-0004-9004-6973, Max Planck Institute for the Study of Societies Paulstr. 3 Cologne 50676 Germany, corresponding author)
Year2020
Volume47
Issue4
Pages612-638
Publication date2020-11-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueJournal of Law and Society (JOURNAL)
Journal identifiersISSN: 0263-323X • E-ISSN: 1467-6478
PublisherWiley (PUBLISHER • GB)
DOI10.1111/jols.12254
OpenAlexW3025420344
LanguageEN
Citations received7

This paper considers the interaction of legal norms and social norms in the regulation of work and working relations, observing that, with the contraction of collective bargaining, this is a matter that no longer attracts the attention that it deserves. Drawing upon two concepts from sociology – Max Weber's ‘labour constitution’ and Seymour Martin Lipset's ‘occupational community’ – it focuses on possibilities for the emergence, within groups of workers, of shared normative beliefs concerning ‘industrial justice’ (Selznick); for collective solidarity and agency; for the transformation of shared beliefs into legally binding norms; and for the enforcement of those norms. If labour law is currently in ‘crisis’, then a promising route out of the crisis, we argue, is for the law to recover its procedural focus, facilitating and encouraging these processes

Agency (philosophy · Collective bargaining · Constitution · Criminology · Enforcement · Labour law · Law and economics · Norm (philosophy · Normative · Political science · Politics · Social dialogue · Social science · Sociology · Solidarity · Digital Economy and Work Transformation · International Labor and Employment Law · Labor Movements and Unions · Law · Industrial Relations