Reflexive Labour Law in the World Society
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Reflexive Labour Law in the World Society

Ralf Rogowski

Reflexive Labour Law in the World Society investigates trends in labour and employment law from the perspective of modern social systems theory. It uses Niklas Luhmann’s theory of the world society and Gunther Teubner’s reflexive law concept for an analysis of modern employment law and industrial relations. Areas investigated include: reflexive employment protection; the reflexive regulation and deregulation of labour market policies and labour law; reflexivity in labour and employment conflict resolution; reflexive coordination and implementation of EU social and employment law; and reflexive global labour law.
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Chapter 5: Reflexive regulation of labour market policies

Ralf Rogowski


The chapter deals with legal boundaries and legal opportunities in relation to the emergence, operation and efficacy of labour markets. It concentrates on a particular strategy for the reform of modern labour markets known as transitional labour market policy. The chapter starts with a discussion of legal boundaries under the headings of legal complexity, regulation thresholds and costs of transitions and transactions related to law. It then explores a number of legal and social strategies and reforms that provide opportunities for a legal design of the transitional labour market. These include a strategy of reflexive deregulation of legal barriers to transitions, with particular reference to a re-regulation strategy of introducing vouchers or social drawing rights. The chapter also discusses some examples of reflexive regulation, with particular reference to the regulation of part-time work and training and the policy known as flexicurity.

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