Simon Deakin

Deakin and Morris’ Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market. The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action. The seventh edition of Deakin and Morris’ Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject. This title is included in Bloomsbury Professional's Employment Law online service.

Following the 2008 "global" financial crisis, the viability of globalised financial capitalism was called into question. The resulting fear and uncertainty produced a momentary return to "Keynesian" policies. But as soon as emergency stimuli – and bank bail-outs – appeared to stabilise the situation, there was a sharp reversal; and successive British governments and the financial sector have since attempted to return to business as usual. Historically, much smaller shocks have been able to produce dramatic change, with the 1978 "Winter of Discontent" providing a catalyst for the election of Margaret Thatcher, the ultimate abandonment of the post-war Keynesian consensus, and the ushering-in of neoliberalism. Nor is apparent success a guarantee against change, with Winston Churchill being swept from office by the first majority Labour government in 1945 – at a point which should have marked his greatest triumph. In this book, these apparently inexplicable shifts in the conventional wisdom and the accompanying policy paradigm are explored through the lens of the interest groups that have jostled for position since the second industrial revolution. In this context, inequality, poverty, free market capitalism and the social welfare state have interacted in an uneasy, dynamic dance – the "insecurity cycle". The authors explore these interactions, their impact on the relationship between society and the economy, and the possible implications of Brexit and a re-energised political left. Written in an engaging and accessible style, Labour, Finance and Inequality will be a key resource for academics and students of social and political economics as well as public policy. It will also offer considerable insight to policy makers and a more general non-specialist audience.

Now in its eight edition, Markesinis and Deakin's Tort Law provides a general overview of the law and full discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the authors provide a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context thereby giving students a deeper and richer understanding of tort law. This detailed and authoritative book offers teachers a wider range of topics to cover, while providing students with a text which is both descriptive and reflective of this branch of law. Digital formats This eighth edition is available for students and institutions to purchase in a variety of formats. - The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

Following the 2008 "global" financial crisis, the viability of globalised financial capitalism was called into question. The resulting fear and uncertainty produced a momentary return to "Keynesian" policies. But as soon as emergency stimuli – and bank bail-outs – appeared to stabilise the situation, there was a sharp reversal; and successive British governments and the financial sector have since attempted to return to business as usual. Historically, much smaller shocks have been able to produce dramatic change, with the 1978 "Winter of Discontent" providing a catalyst for the election of Margaret Thatcher, the ultimate abandonment of the post-war Keynesian consensus, and the ushering-in of neoliberalism. Nor is apparent success a guarantee against change, with Winston Churchill being swept from office by the first majority Labour government in 1945 – at a point which should have marked his greatest triumph. In this book, these apparently inexplicable shifts in the conventional wisdom and the accompanying policy paradigm are explored through the lens of the interest groups that have jostled for position since the second industrial revolution. In this context, inequality, poverty, free market capitalism and the social welfare state have interacted in an uneasy, dynamic dance – the "insecurity cycle". The authors explore these interactions, their impact on the relationship between society and the economy, and the possible implications of Brexit and a re-energised political left. Written in an engaging and accessible style, Labour, Finance and Inequality will be a key resource for academics and students of social and political economics as well as public policy. It will also offer considerable insight to policy makers and a more general non-specialist audience.

In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.

Hedge fund activism is an expression of shareholder primacy, an idea that has come to dominate discussion of corporate governance theory and practice worldwide over the past two decades. This book provides a thorough examination of public and often confrontational hedge fund activism in Japan in the period between 2001 and the full onset of the global financial crisis in 2008. In Japan this shareholder-centric conception of the company espoused by activist hedge funds clashed with the alternative Japanese conception of the company as an enduring organisation or a 'community'. By analysing this clash, the book derives a fresh view of the practices underpinning corporate governance in Japan and offers suggestions regarding the validity of the shareholder primacy ideas currently at the heart of US and UK beliefs about the purpose of the firm.

Hedge fund activism is an expression of shareholder primacy, an idea that has come to dominate discussion of corporate governance theory and practice worldwide over the past two decades. This book provides a thorough examination of public and often confrontational hedge fund activism in Japan in the period between 2001 and the full onset of the global financial crisis in 2008. In Japan this shareholder-centric conception of the company espoused by activist hedge funds clashed with the alternative Japanese conception of the company as an enduring organisation or a 'community'. By analysing this clash, the book derives a fresh view of the practices underpinning corporate governance in Japan and offers suggestions regarding the validity of the shareholder primacy ideas currently at the heart of US and UK beliefs about the purpose of the firm.

The emergence of a 'labour market' in industrial societies implies not just greater competition and increased mobility of economic resources, but also the specific form of the work relationship which is described by the idea of wage labour and its legal expression, the contract of employment. This book examines the evolution of the contract of employment in Britain through a close investigation of changes in its juridical form during and since the industrial revolution. The initial conditions of industrialization and the subsequent growth of a particular type of welfare state are shown to have decisively shaped the evolutionary path of British labour and social security law. In particular, the authors argue that nature of the legal transition which accompanied industrialization in Britain cannot be adequately captured by the conventional idea of a movement from status to contract. What emerged from the industrial revolution was not a general model of the contract of employment, but rather a hierarchical conception of service, which originated in the Master and Servant Acts and was slowly assimilated into the common law. It was only as a result of the growing influence of collective bargaining and social legislation, and with the spread of large-scale enterprises and of bureaucratic forms of organization, that the modern term 'employee' began to be applied to all wage and salary earners. The concept of the contract of employment which is familiar to modern labour lawyers is thus a much more recent phenomenon than has been widely supposed. This has important implications for conceptualizations of the modern labour market, and for the way in which current proposals to move 'beyond' the employment model, in the face of intensifying technological and institutional change, should be addressed.

In recent years we have seen the predictions of our forebears that leisure time would increase as the years pass utterly confounded. It is a fact of life that in major cities across the world, transport systems are full to bursting with people on their way to and from work. As people have come to accept longer working hours as a way of life, a number of new issues have come into play. These include labour market regulation, contract work and outsourcing, wages and increased attempts at better organisation. The impressive array of expert contributors, including Mark Harvey, Jane Humphries and Frank Wilkinson, have compiled a comprehensive and interesting book.

In a number of important decisions such as Stovin v. Wise,X v. Bedfordshire, Barrett v. Enfield London Borough Council and others, English courts have been forced to grapple with the important issue of tortious liability of statutory bodies. Following the Hill decision, they opted for a wide non-liability rule on a variety of policy and economic efficiency grounds. Yet many of their arguments have been considered and rejected by both German and French courts when deciding factually equivalent situations. This study analyses five leading English cases in a comparative and economic way and questions the validity of their assumptions as well as their arguments in the light of the recent important decision of the Strasbourg Court of Human Rights in Osman v. UK. This thought-provoking book, written by two English academics from Oxford and Cambridge Universities, in collaboration with two leading authorities from the Universities of Paris and Munich, should provide food for thought for judges, practitioners, academics and students for years to come. This book will be essential reading for scholars and practitioners interested in public law, human rights, comparative methodology, and tort law.