{"title":"Law and gendered labour market segmentation","authors":"Judy FUDGE, Guy MUNDLAK","doi":"10.1111/ilr.12339","DOIUrl":null,"url":null,"abstract":"<p>This article captures the shared understanding in the literature of labour law's interaction with gender, distinguishing between law's different functions – constituting labour market institutions, sustaining them, addressing unwarranted outcomes and transforming the institutions. Constituted, in part, by law, the standard employment relationship and the institutions of formal employment have segmenting gendered effects. While legal norms designed to correct these effects are important, they also sustain them. The authors argue for a transformative alternative that would follow two general principles in designing new labour standards, namely, universalization of scope and adaptive content in the interests of differently situated women and men.</p>","PeriodicalId":47216,"journal":{"name":"International Labour Review","volume":"161 4","pages":"657-675"},"PeriodicalIF":2.8000,"publicationDate":"2021-11-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Labour Review","FirstCategoryId":"91","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/ilr.12339","RegionNum":4,"RegionCategory":"管理学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"ECONOMICS","Score":null,"Total":0}
引用次数: 3
Abstract
This article captures the shared understanding in the literature of labour law's interaction with gender, distinguishing between law's different functions – constituting labour market institutions, sustaining them, addressing unwarranted outcomes and transforming the institutions. Constituted, in part, by law, the standard employment relationship and the institutions of formal employment have segmenting gendered effects. While legal norms designed to correct these effects are important, they also sustain them. The authors argue for a transformative alternative that would follow two general principles in designing new labour standards, namely, universalization of scope and adaptive content in the interests of differently situated women and men.
期刊介绍：
The International Labour Review is the world"s leading multidisciplinary journal of labour market institutions and economics. Its aim is to advance academic research and inform policy debate and decision-making in these fields by bringing together the original thinking of lawyers, economists, sociologists, political scientists and industrial relations specialists on a broad range of labour market policy and social protection concerns. The International Labour Review also features concise reports on current developments considered to be of particular interest to those working in these fields and reviews of recent major publications. It is committed to an editorial policy that combines accessibility with rigorous, insightful analysis and the highest scholarly standards.
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