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Modern slavery laws are a response to global capitalism, which undermines the distinction between free and unfree labour and poses intense challenges to state sovereignty. Instead of being a solution, Constructing Modern Slavery argues that modern slavery laws divert attention from the underlying structures and processes that generate exploitation. Focusing on unfree labour associated with international immigration and global supply chains, it provides a novel socio-legal genealogy of the concept 'modern slavery' through a series of linked case studies of influential actors associated with key legal instruments: the United Nations, the United States, the International Labour Organization, the European Union, the United Kingdom, and Walk Free Foundation. Constructing Modern Slavery demonstrates that despite the best efforts of academics, advocates, and policymakers to develop a truly multifaceted approach to modern slavery, it is difficult to uncouple antislavery initiatives from the conservative moral and economic agendas with which they are aligned. --Publisher's description
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The right to strike is a key feature of freedom of association and effective collective bargaining. We consider how the legal regulation of strikes and boycotts affects the power resources available to workers and unions to improve working conditions and workers’ voice in firms, such as global supply chains and platform giants, that utilize network-of-contracts business models. We begin by bringing the literatures on power resources theory and supply chain and platform capitalism into conversation. Treating law as a form of institutional power influencing workers’ ability to exercise other power resources in network-of-contracts business models, we then examine how the laws regulating strikes influence workers’ ability to mobilize their other power resources to affect the terms and conditions of work. We investigate the Make Amazon Pay campaign and related strikes to gauge how the legal regulation of strikes affects workers’ power to disrupt supply and production under network-of-contracts business models. We conclude by highlighting the need to revise the law of strikes to fit the power relations under supply and platform capitalism.
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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.
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