Property, Labour and Legal Regulation

Property, Labour and Legal Regulation

Dignity or Dependence?

Mark Findlay

In this revealing comparative study, Mark Findlay examines the problematic nexus between undervalued labour and vulnerable migration status in dis-embedded markets. It highlights the frustrations raised by timeless regulatory failure and the chronic complicity of private property arrangements in delivering unsustainable market engagement. Mark Findlay identifies the challenge for normative and functional foundations of equitable governance, by repositioning regulatory principle, to restore dignity to market relations.

Chapter 3: Private law, private property arrangements and inclusivity

Mark Findlay

Subjects: law - academic, labour, employment law, politics and public policy, regulation and governance

Extract

As the previous chapter sets out, the empirical foundation of the remainder of the book is a comparative analysis of vulnerable migrant labour markets providing examples of law’s disembedding history as a regulatory agent or shadow. The private property arrangements which operate and benefit from migrant labour are dependent both on discriminatory legal regulation and the selective advantages presented by laws’ limited or even absent reach. This chapter explores more particularly the role of private law and introduces the fluid interactions between private legal arrangements and the more informal market negotiation frames which perpetuate the vulnerability and dependency wherein migrant labour lives. Chapters 4 and 5 highlight contracts and agency as crucial private property arrangements through which legal regulation has deeply problematic influence over migrant labour markets. The relationships of dependency and vulnerability explored in the preceding chapter are given both form and substance though the interventions (and failings) of legal regulatory regimes such as contract and agency. The critical analysis of the private property/private law nexus, however, depends on a more general identification of the private law field with which we intend to engage, as well as the current direction of legal regulation being a socially exclusive market force.

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