Critical Theory and European Labour Law : Insights from the Past

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Zahn, Rebecca and Matero, Meemi; Neuvonen, Päivi Johanna and Linden-Retek, Paul, eds. (2025) Critical Theory and European Labour Law : Insights from the Past. In: Critical Theory and European Union Law: The Question of Postnational Emancipation. Hart Publishing. (In Press)

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Abstract

This chapter employs insights from critical theory to critique the current shape of European labour law and to generate insights into the different political, economic, and social factors which shaped its development. In order to undertake such a critique, this chapter operationalises critical theory through minor literature and comparative law, or the concept of a ‘minor comparativism’. A ‘minor comparativism’ as a legal method aims to reveal something about the legal system that would not reveal itself but through the practice of adopting a ‘foreign’ or ‘minority’ perspective; focusing on those whose views have escaped the legal record. It enables scholars and policymakers both to challenge conventional assumptions and to reimagine the development of the legal system by taking up the reflections of the minority. By adopting such a perspective, the critique of European labour law’s historical development unearths the foundational value of solidarity and considers how this value provides opportunities for scholars and policymakers to develop different starting points for European labour law’s development.

ORCID iDs

Zahn, Rebecca ORCID logoORCID: https://orcid.org/0000-0001-9378-5772 and Matero, Meemi; Neuvonen, Päivi Johanna and Linden-Retek, Paul
CORE (COnnecting REpositories)