Edizioni FrancoAngeli - Last issue of SOCIOLOGIA DEL DIRITTO (3/2011)

Teleological conceptions of law in jurisprudence: towards a classification

Thu, 15 Feb 2012 8:00:00 GMT

Gianmarco Gometz
The idea that law cannot be understood, or even defined, without taking into account its role as a means to an end is the common tenet of many conceptions of law: namely those that, at some level, assign central importance to the instrumental role of law in respect to variously identified and qualified ends. This article attempts to classify these teleological conceptions, although without any claims to completeness. The proposed reconstruction is preliminary to an analysis of the reasons that lead us to consider the teleological dimension as important or even necessary for answering to the question: what is law, in general?

Levels of legalism and legal approaches in the age of globalisation

Thu, 15 Feb 2012 8:00:00 GMT

Gómez M. Isabel Garrido
In this work, the author starts from an interdisciplinary and plural concept of what the term ‘globalisation’ means: in particular, it presents a reference to a social, economic, cultural and demographic process from which law cannot escape. From this perspective, and starting from the new relationship between the public and private spheres, what emerges is the relevance of deregulation as a reality, together with the need for the State to continue maintaining its functions, albeit updating them to suit the demands of the new scenario in which it operates. But the reality of law manifests a number of problems which need to be overcome by means of a new understanding of globalisation and the implementation of new legal techniques and formulations.

Presentazione. Riflettendo sul ruolo della sociologia del diritto

Thu, 15 Feb 2012 8:00:00 GMT

Valerio Pocar
Presentando i saggi del dossier "Il lavoro e le regole: quale futuro oltre la crisi", l’autore si sofferma a riflettere sulla natura interdisciplinare della sociologia del diritto e sul suo ruolo in relazione alla scienza giuridica. Valerio Pocar, Presentation. Some remarks about the role of sociology of law [Interdisciplinarity - The role of sociology of law - Sociology of law v. legal science] Presenting the essays in the collection about "Work and rules: what future awaits us after the crisis?", the author dwells on the interdisciplinary nature of sociology of law and its role in relation to legal science.

Child of a lesser god. The European company (SE) and employee involvement ten years after the directive

Thu, 15 Feb 2012 8:00:00 GMT

Bruno Cattero
The 2001 European Company (SE) Directive established the right for worker representatives to be involved in the company’s governing bodies, identifying it as the distinctive trait of the “European social model”. The article starts by examining the SE’s quantitative and qualitative development, before describing the discussion currently taking place at EU level and, in particular, the position adopted by the European Commission. The data analysis focuses on both “normal” SEs, which are broadly in the minority and not coincidentally concentrated in Germany, and on the phenomenon of the so-called “shelf” SEs, corporate containers that are “ready-to-use” but also ready to abuse the EU Directive on Employee Involvement. The second part of the article deals with the process of evaluation of the SE legislation currently being conducted by the Commission, with a special focus on a critical analysis made by Ernst & Young, which identifies the involvement of workers as the greatest obstacle to a broader diffusion of the SE.

The European dis-union and the Euro Plus Pact

Thu, 15 Feb 2012 8:00:00 GMT

Walter Cerfeda
Europe is experiencing the most difficult period in its history and the future is completely uncertain and unpredictable. The unprecedented combination between economic stagnation and financial speculation may lead to a long period of economic recession and cause the very existence of the Euro currency to be called into question. This explains why there is a substantial moratorium on social rights. As the European social model has always been linked to its economic model, the current economic crisis is also triggering a social crisis. A policy of rigour alone is not enough. The crisis is not in the Euro, but of the Euro. There is an urgent need for a balance between rigour and growth. Not, then, a ‘Europe of the nations’, but an acceleration of economic integration and a real role for the European Central Bank. In fact, the short cut of offloading the entire competitiveness deficit onto labour is leading the EU into a cul-de-sac.

Le conseguenze del caso Laval sul sistema svedese di relazioni industriali

Thu, 15 Feb 2012 8:00:00 GMT

Azzurra de Salvia
As a result of the findings in the Laval case, heard before the Court of Justice in December 2007, the Swedish trade unions – which had been behind a collective action whose aim was to obstruct instances of social dumping practised by a foreign service provider – were ordered to pay punitive damages. This event gave rise to a process of amendment of the relevant Swedish law, culminating in the enactment of the so-called Laval Act, which sets strict limits on collective autonomy and on conflict, while at the same time outlawing collective actions against foreign enterprises constrained by a collective contract signed in their countries of origin with their local trade unions.

Forms of globalisation: a political option

Thu, 15 Feb 2012 8:00:00 GMT

Daniela Leone
The forms in which globalisation may evolve are not predetermined by any paradigm beyond all discussion. As a consequence of the high development rates of a large part of the world’s population, which is positive per se, resources are constantly being siphoned off from those industrialised countries, progressively suppressing their standards of affluence and of safeguards. This trend is not without risks. The widely perceived deterioration in living conditions risks spilling over into a frantic reaction that would be hard to control once set in motion. In such an international context of economic crisis and general lack of confidence, trade unions have a decisive role to play, first in mapping today’s complex socio-economic dynamics, then in defining practicable solutions.

The role of private international law in transnational labour mobility

Thu, 15 Feb 2012 8:00:00 GMT

Alberto Mattei
In the transnational labour market, which includes labour secondment as per European Directive N° 96/71/EC, the Rome Convention (since transposed into the Rome I Regulation) has given private international law the chance to play an incisive role in regulating labour relations that feature elements of transnationality. The author focuses on how the instruments of private international law can be of use in tackling conflicts between legal systems for guaranteeing seconded workers’ social rights. This, he argues, would help grant more uniformity in regulating labour relations within cross-border enterprises, whose very nature escapes a single legal order, and to accord priority to the principle of concrete effectiveness for transnational labour.

The organisational juridification of the welfare state

Thu, 15 Feb 2012 8:00:00 GMT

Marcello Strazzeri
The tendency towards juridification is taking place within a more general process whose essential milestones of social and institutional dynamics it marks. And yet it is correct to talk about juridification when this tendency becomes so relevant, in modern societies, as to generate a veritable proliferation of written law. Correlative to, and consequent upon, the process of juridification is its extension to a sphere of activity that was previously regulated informally and has subsequently become subject to legal regulation. The specialised legal codification of social relationships that are global de facto takes place during a further phase of development of this process, taking the form of the “coagulation of law”. Taking his inspiration from the theory of communicative action, the author examines the rise, the consolidation and the proliferation of the process of juridification, aiming to understand whether and how this tendency has favoured the emergence and the institutional definition of claims coming from the real world, and whether, at the current stage of this process, such claims can still be promoted or whether it might not be preferable to move in the opposite direction, i.e. towards a degree of de-juridification.

Modelli organizzativi d'impresa e diritto del lavoro

Thu, 15 Feb 2012 8:00:00 GMT

Riccardo Del Punta

Nuova organizzazione d'impresa e diritto del lavoro

Thu, 15 Feb 2012 8:00:00 GMT

Mario Giovanni Garofalo

L'innovazione organizzativa nelle imprese: alternative interpretative e problemi aperti

Thu, 15 Feb 2012 8:00:00 GMT

Giovanni Masino

Tutele e sicurezza. Speranza o miraggio per i giovani d'oggi?

Thu, 15 Feb 2012 8:00:00 GMT

Vanessa De Giosa

La cultura giuridica del lavoro di fronte alle nuove forme organizzative e alla dimensione transnazionale delle attività economiche

Thu, 15 Feb 2012 8:00:00 GMT

Vito Pinto

A ciascuno il suo postfordismo. Mercato del lavoro e governo delle migrazioni in Italia

Thu, 15 Feb 2012 8:00:00 GMT

Ivan Pupolizio

Le trasformazioni dell'organizzazione d'impresa e la professionalità del lavoratore

Thu, 15 Feb 2012 8:00:00 GMT

Ilaria Scanni

Conoscenza senza coscienza? I paradossi del cognitariato nel contesto italiano

Thu, 15 Feb 2012 8:00:00 GMT

Valeria Verdiolini

Tavola Rotonda. Salute e sicurezza nel mondo del lavoro

Thu, 15 Feb 2012 8:00:00 GMT

Bruno Maggi, Giovanni Rulli, Paolo Pascucci, Michela Marchiori, Angelo Salento

Abstracts

Thu, 15 Feb 2012 8:00:00 GMT