Креативный плюрализм Г.Д. Гурвича (о книге Жака Ле Гоффа)
In this paper are summed up the principal ideas of a book by the contemporary French legal scholar Jasques Le Goff. This book was dedicated to analysis of the sociological conception of law by Georges Gurvitch. In the context of theoretical problems of the nowadays French labor law Professor Le Goff tries to outline a new methodological approach to law. According to Professor Le Goff, one needs to abandon both anarchist ideas about spontaneity of legal development, and the etatist legal positivism which conceives law as primarily emanating from state. Appropriate methodological tools for a correct analysis of law Professor Le Goff finds in the works of the French-Russian thinker of the 20th century Georges Gurvitch who was famous for his conception of social law. Gurvitch treated law as a form for institualization of social communication between individuals and groups. This approach can serve as a conceptual foundation for explaining the contemporary lawmaking processes in the nowadays French labor law where law to a certain extent is created without intervention of state.
Workers’ Representation in Central and Eastern Europe
Challenges and Opportunities for the Works Councils System
Editor: Roger Blanpain
Guest Editor: Nikita Lyutov
Works council, as a participatory means of regulating the employer–employee relation, is long established in Western European countries, but has failed to take significant root in other parts of the world where it has been tried. This book is the first in-depth exploration of the legal, political, and cultural forces that complicate this transposition. Focusing on Eastern and Central Europe, where the works council system has been most extensively applied and where the evident reasons for its lack of purchase are most telling, the contributors examine the relevant experience, both negative and positive, in twelve countries, with a particular focus on non-union representation of workers.
Many important issues pertinent to workers’ representation in general in a globalized world are covered, including the following:
cooperation and confrontation between trade unions and works councils; insufficient division of competences between the two representative bodies; legal norms concerning both trade union and works councils independence from employers’ interference; need for serious and dissuasive sanctions against creation of employer-controlled (‘yellow’) unions; need for extension to non-union workers of protection from anti-union discrimination; real vs. formal implementation of EU norms in Eastern European Member States; unnecessarily complicated regulation of institutions of representation; lack of protection against dismissal of non-union representatives; responsibility for breach of employers’ obligation to consult and inform; and employers’ lack of legitimacy in the eyes of workers.
There is general agreement among these authors that, as long as human beings spend a serious part of their lives at the workplace, they must be allowed not merely to express opinions about the job but have a real influence on it. Fully aware of the sensitivity of these issues in market economies, the authors’ careful research and call for public discussion open the path to real changes in the existing system, clearly in Eastern Europe but to be much desired elsewhere also. For labour law scholars, practitioners, and policymakers who know that such changes are needed, this book offers directions that, though debatable, are sure to be welcomed.
The chapter analyses legal status of foriegn workers in Russia, pecularities of their labour contract, social insuarance and the role and competence of governing bodies, evaluating control over the foriegn workforce
Legal pluralism and the experience of the state in the Caucasus are at the centre of this edited volume. This is a region affected by a multitude of legal orders and the book describes social action and governance in the light of this, and considers how conceptions of order are enforced, used, followed and staged in social networks and legal practice. Principally, how is the state perceived and how does it perform in both the North and South Caucasus? From elections in Dagestan and Armenia to uses of traditional law in Ingushetia and Georgia, from repression of journalism in Azerbaijan to the narrations of anti-corruption campaigns in Georgia - the text reflects the multifarious uses and performances of law and order. The collection includes approaches from different scholarly traditions and their respective theoretical background and therefore forms a unique product of multinational encounters.
The notion of globalization is relatively imprecise, and can be used loosely to embrace a large variety of different modern phenomena. Theorists abuse the G-words (a term of William Twining to demonstrate radical changes, or at least the changes which seem to be radical to some philosophers. Generalized references to new (quasi-)realities allow theorists to escape a long and laborious examination and comparison of legal phenomena in the past and in the present. This new kind of reductionism does not seek to describe complex systems through one or several prevailing elements as the classical scientific paradigm does. On the contrary, it is claimed that the growing complexity of the world requires a multidimensional approach which tries to embrace every aspect of reality.
The paper summarizes the basics of the theory of social organisms, hypotheses about partial laws of interaction of social resources, the principles of PCRM (People-Capital-Rule-Mentality) modeling.
At the enterprises integrated into structure of multinational corporations, high-quality changes of the labor relations are observed. How traditional trade union' practices adapt to policy and actions of the new owner? What problems are generated by this interaction? How priorities and forms of trade-union organization work are changing? The author offers answers to these questions, analyzing Samara Metallurgical Plant experience.
Scientific papers of the conference "Actual problems of labor law and social security law" (Kharkov, 27-28 September 2013) are published.
This paper aims to explain the characteristics and internal mechanisms of protest activity and solidarity among Russia’s industrial workers over the past two decades. Both academic discussions and officials’ attitudes toward protests prove contradictory. Even in periods of increase, labor activism has remained limited. Yet authorities continue to show concern about real and potential discontent, while academics puzzle over the dominance of quiescence as well as the reasons for sporadic activism. The research presented in this article advances our understanding of both: the limits of protest, and the causes, forms and goals of Russian labor’s periodic collective activism. We rely on a combination of available statistical and recent survey data to try to resolve the paradoxes of labor’s quiescence and conflict, as well as elites’ neglect and concern. The research finds changes in patterns of labor activism over the two decades. During the 1990s, most strikes were limited, defensive, managed, or desperate in character. In Russia’s recovered economy, from 2006 a qualitatively different, “classical” pattern of strikes and labor relations emerged. Workers’ collective actions mainly affected large, profitable industrial and transnational enterprises and took the form of “normalized” bargaining and conflict between labor and management. With the 2008–09 recession workers returned to the defensive strategies of the 1990s, protesting wage cuts and factory closures. Survey research from 2010 shows workers to be almost evenly divided between groups with positive and negative attitudes toward solidarity and bargaining.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/