Judy Fudge

McMaster University, Labour Studies, Faculty Member

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Judy takes a socio-legal approach to studying work and labour, and is committed to fostering a multi-disciplinary approach to understanding the challenges and opportunities facing workers. Her initial research was on Canadian labour law history and precarious work. She has written widely in the broad area of labour law, most recently focusing on the labour/migration law nexus, citizenship at work and feminist approaches to labour law. She has worked with women's groups, legal clinics, trade unions and the International Labour Organization.Her most recent work focuses on labour exploitation, modern slavery and unfree labour in the context of labour migration, and she’s working on a book on that topic.

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Noel B. Salazar

KU Leuven

Josiah Heyman

University of Texas at El Paso (UTEP)

Speranta Dumitru

Université Paris Cité

Andrea Peto

Central European University

Colin Williams

The University of Sheffield

Dan Irving

Carleton University

Stephen Whittle

Manchester Metropolitan University

Agustin Santella

Universidad de Buenos Aires

Rafael Domingo Osle

University of Navarra

Paola Bacchetta

University of California, Berkeley

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2. Courts and Conciliation: The Norms of Responsible Unionism, 1900–1906

Class Crimes

Oxford University Press eBooks, Feb 27, 2020

This chapter compares the historical development and use of criminal law at work in the United Ki... more This chapter compares the historical development and use of criminal law at work in the United Kingdom and in Ontario, Canada. Specifically, it considers the use of the criminal law both in the master and servant regime as an instrument for disciplining the workforce and in factory legislation for protecting workers from unhealthy and unsafe working conditions, including exceedingly long hours work. Master and servant legislation that criminalized servant breaches of contract originated in the United Kingdom where it was widely used in the nineteenth century to discipline industrial workers. These laws were partially replicated in Ontario, where it had shallower roots and was used less aggressively. At the same time as the use of criminal law to enforce master and servant law was contested, legislatures in the United Kingdom and Ontario enacted protective factory acts limiting the length of the working day. However, these factory acts did not treat employer violations crimes; instead, they were treated as lesser ‘regulatory’ offences for which employers were rarely prosecuted.

A Right to Care? Unpaid Care Work in European Employment law/Gender, Law and Justice in a Global Market

International Labour Review, Mar 1, 2013

A right to care? Unpaid care work in European employment law. By Nicole BUSBY. Oxford, Oxford Uni... more A right to care? Unpaid care work in European employment law. By Nicole BUSBY. Oxford, Oxford University Press, 20 11. vii + 201 pp. Index. ISBN 978-0-19-957902-0.Gender, law and justice in a global market. By Ann STEWART. Cambridge, Cambridge University Press, 2011. xv + 348 pp. Index. ISBN 978-0-521-74653-3.What does care have to do with employment and labour law? Two important books, written by feminist legal academics and published intheUnitedKingdomin2011, provide answers to this question that go beyond the conventional approach that either sees unpaid care as a fact of life that must be accommodated by employment law or regards paid care work as a species of employment that should be covered by labour law. Nicole Busby and Ann Stewart argue that care work is essential to flourishing societies.Since it is not possible in a brief review to convey the richness of both texts, my goal here is to illustrate how these two books contribute to expanding the traditional conception of labour law by highlighting the significance of unpaid care work not only to individuals but also to markets and societies, and how they also provide a normative vocabulary and conceptual toolkit to assist in this endeavour. Thus, I will focus on how each author discusses the function of care in market (capitalist) economies and a feminist ethics of care as a normative standard, as well as identifying their key conceptual contributions that can be used to revitalize labour law. I will begin by highlighting the similarities and differences between the two books before describing the elements of each that most directly relate to the recurring issues of the scope and goals of labour law.Both books provide cogent arguments about the need to address care work performed by women in order to better understand how employment policies and markets operate. They are written by legal academics who adopt a feminist analysis in order to illustrate the impact of neoliberal policies on the relationship between paid employment and unpaid care work and both opt for a feminist ethics of care as a moral stance for evaluating the legal treatment of care work. The two books are also attentive to the relationship between the (expanding) forms of precarious non-standard employment and the controversies regarding the personal scope of employment law, which boils down to what kinds of workers deserve to enjoy the protections provided by employment and labour law.Where the two books differ is over scale, methodology, and the capacity of rights to accommodate an ethics of care. Busby focuses on the European Union (EU), and her goal is to provide an argument for a right to (give) care that is consistent with EU employment law and governance mechanisms. She is concerned about unpaid care. By contrast, Stewart is concerned with law on a range of different scales (national, regional, and transnational) and her goal is to show how unequal global relations are profoundly gendered. She uses paid care work to illustrate her claims.Busby identifies the "the reconciliation of paid work and unpaid care [as] arguably the most pressing problem currently facing labour law" (p. 1), and helpfully sets out the scope of the book and the steps in her argument in the introduction. In the first part of the book, she makes the theoretical and empirical case for a right to care. In Chapter 2, she draws upon moral and political philosophy to argue that a liberal rights framework is compatible with a right to care. However, not only does Busby's version of liberalism require the re-interpretation of liberalism's key values of equality, freedom, and autonomy through a feminist lens (pp. 32-33), but it is also supplemented by the capabilities approach developed by Martha Nussbaum and Amartya Sen. The feminist perspective addresses liberalism's traditional neglect of dependency, care and women's experience, while the capabilities approach provides a more robust idea of freedom than is conventionally associated with liberalism (p. …

Chapter One. Commerce, Books, And Decrees

BRILL eBooks, 2007

Writing from Louvain in late February 1520 northern Europe’s foremost man of letters, Desiderius ... more Writing from Louvain in late February 1520 northern Europe’s foremost man of letters, Desiderius Erasmus, complained at length about a recently published critique of his New Testament translation. He addressed his letter to Wolfgang Capito in Basel, several hundred kilometres away. The offending tome was authored by an Englishman, Edward Lee, and printed at the press of Gilles de Gourmont in Paris. Erasmus had anticipated its publication for some time. The most vibrant and cosmopolitan trading centre in northern Europe was Antwerp: maritime gateway, emporium, and distribution conduit for continental commerce. While Parisian printers were disinclined to issue reform-related texts, several in the Low Countries did not hesitate. They faced antiheresy decrees that were stern and pervasive, however they worked in a land where several legal jurisdictions appeared to overlap. Within the Habsburg Low Countries the ecclesiastical hierarchy was by the 1520s very much a branch of the state apparatus.Keywords: commerce; decrees; Desiderius Erasmus; legal jurisdictions; Low Countries; New Testament translation; northern Europe

Squaring the circle: The ILO, temporary labour migration programmes and decent work

Global Social Policy, Jun 22, 2022

Judy Fudge

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