工会与法律：唯物主义视角

IF 1.5 2区社会学 Q1 LAW

Cambridge Law Journal Pub Date : 2023-03-01 DOI:10.1017/S0008197322000927

Zoe Adams

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引用次数: 0

摘要

摘要本文借鉴马克思主义关于法律解放潜力的研究成果，对英国工会的历史及其与法律的关系进行了新的探讨。它追溯了英国工会法从19世纪到今天的历史发展，以说明不仅要考虑法律的内容，还要考虑法律的形式，解释法律在塑造工会运动发展中的作用，以及理解法律的局限性，包括人权法，当谈到在当今社会中实现工会的解放潜力时。最后，它对法律和社会行为者在将法律作为其政治战略的一部分时如何利用他们对法律形式的理解进行了一些观察。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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TRADE UNIONS AND THE LAW: A MATERIALIST PERSPECTIVE

Abstract This paper draws on Marxist scholarship concerning the law's emancipatory potential to shed new light on the history of UK trade unions, and their relationship with law. It traces the historical development of UK trade union law from the nineteenth century to the present day with a view to illustrating the importance of considering not just the content, but also the form, of law, in explaining the role of law in shaping the development of the trade union movement, and in understanding the limits of law, including human rights law, when it comes to realising the emancipatory potential of trade unions in society today. It concludes with some observations about how legal and social actors might make use of their understanding of the legal form when it comes to harnessing the law as part of their political strategies.

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来源期刊

Cambridge Law Journal LAW-

CiteScore

1.10

自引率

6.70%

发文量

期刊介绍： The Cambridge Law Journal publishes articles on all aspects of law. Special emphasis is placed on contemporary developments, but the journal''s range includes jurisprudence and legal history. An important feature of the journal is the Case and Comment section, in which members of the Cambridge Law Faculty and other distinguished contributors analyse recent judicial decisions, new legislation and current law reform proposals. The articles and case notes are designed to have the widest appeal to those interested in the law - whether as practitioners, students, teachers, judges or administrators - and to provide an opportunity for them to keep abreast of new ideas and the progress of legal reform. Each issue also contains an extensive section of book reviews.