New Theoretical Trends and Political Approaches in Labor and Employment Law

         
Author Name MIZUMACHI Yuichiro  (University of Tokyo)
Creation Date/NO. May 2013 13-J-031
Research Project Reform of Labor Market Institutions
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Abstract

Labor and employment law is facing changes throughout the world. These worldwide reforms are based on some theoretical backgrounds. We can find some common characteristics and orientations in these legal changes.

This paper first analyzes three new theories: 1) Procedural regulation theory in continental Europe; 2) Structural approach in the United States; and 3) Capability approach in the United Kingdom, and tries to find some common backgrounds among them.

Second, it focuses on the common orientations in labor and employment law policies: 1) Workfare; 2) Anti-Discrimination; and 3) Synthetic approach of labor/ employment, social security, and tax laws.

In conclusion, new key concepts of labor and employment law changes are found, and some lessons are given to the current policies in Japan.