The normative framework of labour law

Research output: Contribution to journalArticleScientificpeer-review

Abstract

This article looks at how normative questions, i.e. ‘what should the law be?‘, are approached in modern labour law scholarship. A distinction is made between internal and external normative frameworks for analysis, whereby internal frameworks are made up of principles, values or standards that are part of the law and the external frameworks are made up of theories outside of law. As a functional legal field, labour law can also benefit to a great deal from empirical research. However, the article argues that empirical facts by themselves have a limited normative value and that we need a normative framework in order to answer normative and evaluative questions. Therefore, the aim of the article is to review, clarify and evaluate the internal normative framework of labour law.
Original languageEnglish
Article number1
Pages (from-to)1-17
Number of pages17
JournalLaw and Method
Volume9
Issue number2
DOIs
Publication statusPublished - 2019

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labor law
Law
empirical research
Values

Keywords

  • labour law
  • normative research
  • methodology

Cite this

Zekic, Nuna. / The normative framework of labour law. In: Law and Method. 2019 ; Vol. 9, No. 2. pp. 1-17.
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The normative framework of labour law. / Zekic, Nuna.

In: Law and Method, Vol. 9, No. 2, 1, 2019, p. 1-17.

Research output: Contribution to journalArticleScientificpeer-review

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AB - This article looks at how normative questions, i.e. ‘what should the law be?‘, are approached in modern labour law scholarship. A distinction is made between internal and external normative frameworks for analysis, whereby internal frameworks are made up of principles, values or standards that are part of the law and the external frameworks are made up of theories outside of law. As a functional legal field, labour law can also benefit to a great deal from empirical research. However, the article argues that empirical facts by themselves have a limited normative value and that we need a normative framework in order to answer normative and evaluative questions. Therefore, the aim of the article is to review, clarify and evaluate the internal normative framework of labour law.

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