Reinterpreting law's silence : examining the interconnections between legal doctrine and the rise of immaterial labour

Rose, Emily (2020) Reinterpreting law's silence : examining the interconnections between legal doctrine and the rise of immaterial labour. Journal of Law and Society, 47 (4). pp. 588-611. ISSN 0263-323X (https://doi.org/10.1111/jols.12260)

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Abstract

Recent years have seen a rise in immaterial labour in the United Kingdom and other developed economies. Sociological explanatory accounts of these developments focus primarily on economic drivers. Little, if any, inquiry has been made into the potential role of law. This article seeks to identify the aspects of law that may be constitutive of employer and worker perceptions of the acceptability (or otherwise) of employer demands for immaterial labour. Two key contributions are made. The first is a setting out of a methodological approach to exploring the constitutive effect of law that emphasises the internal operation of legal doctrine as critical to understanding its sociological implications. The second is the development of substantive knowledge on the potential role of law vis-à-vis the rise of immaterial labour.

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