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The Daunting Enterprise of the LawEssays in Honour of Harry W. Arthurs |
eBook Available
Reconsidering the law through the work of a pre-eminent scholar.
Professor emeritus at Osgoode Hall Law School and former president of Toronto’s York University, Harry W. Arthurs is one of the world’s most widely respected scholars, educators, and policy makers. His enormous academic and institutional productivity has extended to administrative and labour law, legal pluralism and legal theory, and legal education.
Bringing together scholars of law, history, and political economy, The Daunting Enterprise of the Law applies the framework of Arthurs’s extraordinary scholarship to a series of themes running through current legal, economic, and political thought. Contributors from around the globe engage with Arthurs’s work in several fields and sub-fields and consider the past and future of industrial democracy, globalization, labour law, legal education, and legal theory in the twenty-first century. Through the process of surveying, evaluating, and reflecting upon Arthurs’s ideas and intellectual contributions, they further advance the reader’s understanding of labour law and industrial relations.
Remarkable in breadth and scope, The Daunting Enterprise of Law is both a celebration of Arthurs’s institutional achievements and policy leadership and an important contribution to contemporary scholarship.
Bringing together scholars of law, history, and political economy, The Daunting Enterprise of the Law applies the framework of Arthurs’s extraordinary scholarship to a series of themes running through current legal, economic, and political thought. Contributors from around the globe engage with Arthurs’s work in several fields and sub-fields and consider the past and future of industrial democracy, globalization, labour law, legal education, and legal theory in the twenty-first century. Through the process of surveying, evaluating, and reflecting upon Arthurs’s ideas and intellectual contributions, they further advance the reader’s understanding of labour law and industrial relations.
Remarkable in breadth and scope, The Daunting Enterprise of Law is both a celebration of Arthurs’s institutional achievements and policy leadership and an important contribution to contemporary scholarship.
Details
400 Pages, 6 x 9
ISBN 9780773548909
February 2017
Formats: Cloth, Paperback, eBook
“The overall contribution of the volume flows from several particular aspects of what the editors have achieved in assembling the papers in this collection: variously, there is an important element of assessing the evolution of thought in labour law, an element of exploring and challenging the current state of our understanding of the key issues and developments in the field, and an element of enhancing our understanding of the connections between law and policy.”Richard Chaykowski, Queen’s University
“A book that assembles Harry Arthurs’s thoughts over many decades is long overdue. Nobody writes like Harry, with his razor-sharp insights, astonishing elegance, and humour. Is there an ‘Arthursian’ school of thought? If so, this book captures it.” Daphne Taras, University of Saskatchewan
“A book that assembles Harry Arthurs’s thoughts over many decades is long overdue. Nobody writes like Harry, with his razor-sharp insights, astonishing elegance, and humour. Is there an ‘Arthursian’ school of thought? If so, this book captures it.” Daphne Taras, University of Saskatchewan
Simon Archer is co-director of the Centre for Research in Comparative Law and Political Economy at Osgoode Hall Law School, York University, and practises with Koskie Minsky LLP in Toronto.
Daniel Drache is professor emeritus of political science at York University and senior fellow of the Robarts Centre for Canadian Studies.
Peer Zumbansen is the inaugural professor of transnational law and founding director of the Dickson Poon Transnational Law Institute at King’s College, London.
Daniel Drache is professor emeritus of political science at York University and senior fellow of the Robarts Centre for Canadian Studies.
Peer Zumbansen is the inaugural professor of transnational law and founding director of the Dickson Poon Transnational Law Institute at King’s College, London.
Contents
Acknowledgments ix
Abbreviations xiii
Introduction: The Daunting Enterprise of the Law
Simon Archer, Daniel Drache, and Peer Zumbansen 3
PART I THE PLURALIZATION, DECENTRALIZATION,
AND TRANSNATIONALIZATION OF LABOUR LAW
1 The Singular Pluralism of Harry Arthurs 37
Brian Langille
2 A Yankee Gets Schooled in King Arthurs’s Court: Canadian Labour
Law as a Cautionary Tale 49
Cynthia Estlund
3 The Once and Future Industrial Citizen 62
Gregor Murray
4 A Tale of Two Harrys: The Life and Demise of Industrial Pluralism
in Canada 75
Eric Tucker
PART II LABOUR LAW'S PRECARIOUS
INFRASTRUCTURES
5 Defining Labour Standards: Harry Arthurs’s Beau Risque 93
Gilles Trudeau
6 Formality and Informality in the Law of Work 109
Kerry Rittich
7 Mapping Labour Law With, Within, and Without the State 124
Mark Freedland
PART III LEGAL ORDERING'S NARROW LEDGE
8 Dancing with Dicey: A Tentative Embrace of Judicial Review 137
David Dyzenhaus
9 Administrative Justice in Arthurs’s Court 149
Lorne Sossin
10 Investor Rights and the Judicial Denial of Neo-Liberal
Constitutionalism 169
David Schneiderman
PART IV THE TREE OF KNOWLEDGE - THE AXE
OF POWER
11 “Imagination, Determination and Passion”: A Heroic Agenda
for Legal Education 189
Robert W. Gordon
12 The State of Legal Scholarship and Graduate Legal Education
in Canada 199
Liora Salter
13 “Globalization” as Framing Concept: Some Implications
for Legal Education 218
William Twining
PART V CITIZENS AND MARKETS
14 Workplace Law without the State? 233
Kevin Banks
15 Reform in Small Steps: The Case of the Dependent
Contractor 244
Guy Davidov
16 Labour Markets Should Be Judged Innocent until Proven
Guilty 258
Morley Gunderson
PART VI THE FRONTIER OF LABOUR LAW'S
UNCERTAIN FUTURE
17 Labour Law and the Political Economy of Inequality 271
Michael Lynk
18 “A New Thing: Shall Ye Not Know It?”: On Living Metaphors
in Transnational Labour Law 286
Adelle Blackett
19 Inequality, Gender Violence, Human Rights 298
Sally Engle Merry
20 Labour Law and Its “Last” Generation 307
David Doorey and Ruth Dukes
21 The Daunting Challenge: Economic Justice for Subordinated
Groups 315
Katherine V.W. Stone
PART VII MILESTONES, IMPERFECT FORESIGHT,
AND FORMATIVE BEGINNINGS: THE MAKING
OF A LEGAL REALIST
22 Harry Arthurs: The Law Student Years 327
Martin Friedland
23 Confronting the Dragon of Globalization: Harry, St George,
and Me 341
David M. Trubek
24 Reading Landscape and Power 351
Bruno Caruso
An Authoritative Bibliography of Harry Arthurs’s Academic
and Other Writings 363
Contributors 377
Index 381
Acknowledgments ix
Abbreviations xiii
Introduction: The Daunting Enterprise of the Law
Simon Archer, Daniel Drache, and Peer Zumbansen 3
PART I THE PLURALIZATION, DECENTRALIZATION,
AND TRANSNATIONALIZATION OF LABOUR LAW
1 The Singular Pluralism of Harry Arthurs 37
Brian Langille
2 A Yankee Gets Schooled in King Arthurs’s Court: Canadian Labour
Law as a Cautionary Tale 49
Cynthia Estlund
3 The Once and Future Industrial Citizen 62
Gregor Murray
4 A Tale of Two Harrys: The Life and Demise of Industrial Pluralism
in Canada 75
Eric Tucker
PART II LABOUR LAW'S PRECARIOUS
INFRASTRUCTURES
5 Defining Labour Standards: Harry Arthurs’s Beau Risque 93
Gilles Trudeau
6 Formality and Informality in the Law of Work 109
Kerry Rittich
7 Mapping Labour Law With, Within, and Without the State 124
Mark Freedland
PART III LEGAL ORDERING'S NARROW LEDGE
8 Dancing with Dicey: A Tentative Embrace of Judicial Review 137
David Dyzenhaus
9 Administrative Justice in Arthurs’s Court 149
Lorne Sossin
10 Investor Rights and the Judicial Denial of Neo-Liberal
Constitutionalism 169
David Schneiderman
PART IV THE TREE OF KNOWLEDGE - THE AXE
OF POWER
11 “Imagination, Determination and Passion”: A Heroic Agenda
for Legal Education 189
Robert W. Gordon
12 The State of Legal Scholarship and Graduate Legal Education
in Canada 199
Liora Salter
13 “Globalization” as Framing Concept: Some Implications
for Legal Education 218
William Twining
PART V CITIZENS AND MARKETS
14 Workplace Law without the State? 233
Kevin Banks
15 Reform in Small Steps: The Case of the Dependent
Contractor 244
Guy Davidov
16 Labour Markets Should Be Judged Innocent until Proven
Guilty 258
Morley Gunderson
PART VI THE FRONTIER OF LABOUR LAW'S
UNCERTAIN FUTURE
17 Labour Law and the Political Economy of Inequality 271
Michael Lynk
18 “A New Thing: Shall Ye Not Know It?”: On Living Metaphors
in Transnational Labour Law 286
Adelle Blackett
19 Inequality, Gender Violence, Human Rights 298
Sally Engle Merry
20 Labour Law and Its “Last” Generation 307
David Doorey and Ruth Dukes
21 The Daunting Challenge: Economic Justice for Subordinated
Groups 315
Katherine V.W. Stone
PART VII MILESTONES, IMPERFECT FORESIGHT,
AND FORMATIVE BEGINNINGS: THE MAKING
OF A LEGAL REALIST
22 Harry Arthurs: The Law Student Years 327
Martin Friedland
23 Confronting the Dragon of Globalization: Harry, St George,
and Me 341
David M. Trubek
24 Reading Landscape and Power 351
Bruno Caruso
An Authoritative Bibliography of Harry Arthurs’s Academic
and Other Writings 363
Contributors 377
Index 381
