{"title":"自由、自由与(体面)工作随笔","authors":"Marco Biasi","doi":"10.54648/ijcl2022016","DOIUrl":null,"url":null,"abstract":"The essay seeks to frame the issue of Decent Work for All by means of Hannah Arendt’s conception of freedom and liberty. In Arendt’s view, liberty was the proper rationale for early labour legislation, which purported to liberate the individual from the chattels of slavery and exploitation by preserving the voluntary nature of the agreement to provide labour. In the stage of full development of labour law, a primary need in both Liberal Market Economies (such as the US) and Social Market Economies (such as Germany) was to strike a difficult but necessary balance between the employer’s liberty to conduct the business and the workers’ collective freedom. With the promotion of Decent Work, as a broad guideline for policymakers and not a binding regulation of any kind, labour law is reconsidering its focus on the person, with the aim of granting individuals the possibility to achieve their (neo)liberation from basic economic needs, as well as from the domination of others. Once liberated from those two constraints, individuals are in a position to effectively aspire to the collective dimension of freedom, which, in Arendt’s terms, consists of the possibility of the individual to contribute on an equal footing to societal development.\nLiberty, Freedom, Decent Work, Neo-Liberation","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8000,"publicationDate":"2022-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"An Essay on Liberty, Freedom and (Decent) Work\",\"authors\":\"Marco Biasi\",\"doi\":\"10.54648/ijcl2022016\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The essay seeks to frame the issue of Decent Work for All by means of Hannah Arendt’s conception of freedom and liberty. In Arendt’s view, liberty was the proper rationale for early labour legislation, which purported to liberate the individual from the chattels of slavery and exploitation by preserving the voluntary nature of the agreement to provide labour. In the stage of full development of labour law, a primary need in both Liberal Market Economies (such as the US) and Social Market Economies (such as Germany) was to strike a difficult but necessary balance between the employer’s liberty to conduct the business and the workers’ collective freedom. With the promotion of Decent Work, as a broad guideline for policymakers and not a binding regulation of any kind, labour law is reconsidering its focus on the person, with the aim of granting individuals the possibility to achieve their (neo)liberation from basic economic needs, as well as from the domination of others. Once liberated from those two constraints, individuals are in a position to effectively aspire to the collective dimension of freedom, which, in Arendt’s terms, consists of the possibility of the individual to contribute on an equal footing to societal development.\\nLiberty, Freedom, Decent Work, Neo-Liberation\",\"PeriodicalId\":44213,\"journal\":{\"name\":\"International Journal of Comparative Labour Law and Industrial Relations\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2022-09-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Comparative Labour Law and Industrial Relations\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.54648/ijcl2022016\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"INDUSTRIAL RELATIONS & LABOR\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Comparative Labour Law and Industrial Relations","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54648/ijcl2022016","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"INDUSTRIAL RELATIONS & LABOR","Score":null,"Total":0}
The essay seeks to frame the issue of Decent Work for All by means of Hannah Arendt’s conception of freedom and liberty. In Arendt’s view, liberty was the proper rationale for early labour legislation, which purported to liberate the individual from the chattels of slavery and exploitation by preserving the voluntary nature of the agreement to provide labour. In the stage of full development of labour law, a primary need in both Liberal Market Economies (such as the US) and Social Market Economies (such as Germany) was to strike a difficult but necessary balance between the employer’s liberty to conduct the business and the workers’ collective freedom. With the promotion of Decent Work, as a broad guideline for policymakers and not a binding regulation of any kind, labour law is reconsidering its focus on the person, with the aim of granting individuals the possibility to achieve their (neo)liberation from basic economic needs, as well as from the domination of others. Once liberated from those two constraints, individuals are in a position to effectively aspire to the collective dimension of freedom, which, in Arendt’s terms, consists of the possibility of the individual to contribute on an equal footing to societal development.
Liberty, Freedom, Decent Work, Neo-Liberation
期刊介绍:
Published four times a year, the International Journal of Comparative Labour Law and Industrial Relations is an essential source of information and analysis for labour lawyers, academics, judges, policymakers and others. The Journal publishes original articles in the domains of labour law (broadly understood) and industrial relations. Articles cover comparative and international (or regional) analysis of topical issues, major developments and innovative practices, as well as discussions of theoretical and methodological approaches. The Journal adopts a double-blind peer review process. A distinguished editorial team, with the support of an International Advisory Board of eminent scholars from around the world, ensures a continuing high standard of scientific research dealing with a range of important issues.