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Book Chapter

Publication Date


Source Publication

Regulating Labour in the Wake of Globalisation. Oxford, UK: Hart Publishing, 2008.


In his introductory essay, Brian Bercusson notes:

Actors at disparate levels ... are linking up to form novel regulatory approaches ... The efficacy of these emerging forms of labour regulation, their democratic legitimacy, the goals and values underlying them, and the direction of reform are all in dispute.

The ambition of this chapter is to explore one such “novel regulatory approach” – reflexive labour law – and to assess not only its efficacy, legitimacy and normative aspirations, but also its intellectual origins, assumptions and implications.

The growing corpus of reflexive labour law scholarship comprises foundational essays by Gunther Teubner, an extensive body of work by Drs. Rolf Rogowski and Ton Wilthagen as well as several volumes edited by them, and a number of books and articles which engage with their work and Teubner’s.


This is a draft paper, not the final published version, and should not be cited. Cite the final published version, which can be found on the Bloomsbury site.

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