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Feminist Reflections on the Scope of Labour Law: Domestic Work, Social Reproduction and Jurisdiction

Fudge, Judy (2014) Feminist Reflections on the Scope of Labour Law: Domestic Work, Social Reproduction and Jurisdiction. Feminist Legal Studies, 22 (1). pp. 1-23. ISSN 0966-3622. E-ISSN 1572-8455. (doi:10.1007/s10691-014-9256-2) (KAR id:44225)

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https://dx.doi.org/10.1007/s10691-014-9256-2

Abstract

Drawing on feminist labour law and political economy literature, I argue that it is crucial to interrogate the personal and territorial scope of labour. After discussing the “commodification” of care, global care chains, and body work, I claim that the territorial scope of labour law must be expanded beyond that nation state to include transnational processes. I use the idea of social reproduction both to illustrate and to examine some of the recurring regulatory dilemmas that plague labour markets. I argue that unpaid care and domestic work performed in the household, typically by women, troubles the personal scope of labour law. I use the example of this specific type of personal service relation to illustrate my claim that the jurisdiction of labour law is historical and contingent, rather than conceptual and universal. I conclude by identifying some of the implications of redrawing the territorial and personal scope of labour law in light of feminist understandings of social reproduction.

Item Type: Article
DOI/Identification number: 10.1007/s10691-014-9256-2
Uncontrolled keywords: labour, domestic work, feminist law
Subjects: K Law > K Law (General)
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sian Robertson
Date Deposited: 10 Nov 2014 12:12 UTC
Last Modified: 16 Feb 2021 12:57 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/44225 (The current URI for this page, for reference purposes)

University of Kent Author Information

Fudge, Judy.

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