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Normative Distortions in Labour Law : Exploring the Field of Parental Rights in Working Life

Julén Votinius, Jenny LU (2018) In Social and Legal Studies
Abstract

This article identifies, conceptualizes and analyses a normative conflict, embedded in social practises and conceptions on gender in the institutional framework of the market, which underlies labour law regulation as well as legal argumentation regarding working parents. The article evinces and models the basic structure of vital mechanisms operative in weakening parental rights in working life and labour law. The model is fleshed out inductively, using examples from Swedish national law, where the protection of parental rights is fairly strongly formulated, but where, in the same time, the provisions concerning employees’ parenthood have a relatively weak position in the living law. The weakness is explained as a normative incoherence,... (More)

This article identifies, conceptualizes and analyses a normative conflict, embedded in social practises and conceptions on gender in the institutional framework of the market, which underlies labour law regulation as well as legal argumentation regarding working parents. The article evinces and models the basic structure of vital mechanisms operative in weakening parental rights in working life and labour law. The model is fleshed out inductively, using examples from Swedish national law, where the protection of parental rights is fairly strongly formulated, but where, in the same time, the provisions concerning employees’ parenthood have a relatively weak position in the living law. The weakness is explained as a normative incoherence, as expressed in labour law adjudication. In their application, legal provisions to support parental caring and gender equality thus can be forced to give way to encroaching norms based on the value of market efficiency.

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Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
epub
subject
keywords
Gender, labour law, market values, motherhood, normative conflict, parental rights, Swedish law
in
Social and Legal Studies
publisher
SAGE Publications Inc.
external identifiers
  • scopus:85041585168
ISSN
0964-6639
DOI
10.1177/0964663917753724
language
English
LU publication?
yes
id
0b0d84f7-4169-4fbc-bcc6-cf63fc3017b9
date added to LUP
2018-02-21 13:06:58
date last changed
2018-05-29 09:44:23
@article{0b0d84f7-4169-4fbc-bcc6-cf63fc3017b9,
  abstract     = {<p>This article identifies, conceptualizes and analyses a normative conflict, embedded in social practises and conceptions on gender in the institutional framework of the market, which underlies labour law regulation as well as legal argumentation regarding working parents. The article evinces and models the basic structure of vital mechanisms operative in weakening parental rights in working life and labour law. The model is fleshed out inductively, using examples from Swedish national law, where the protection of parental rights is fairly strongly formulated, but where, in the same time, the provisions concerning employees’ parenthood have a relatively weak position in the living law. The weakness is explained as a normative incoherence, as expressed in labour law adjudication. In their application, legal provisions to support parental caring and gender equality thus can be forced to give way to encroaching norms based on the value of market efficiency.</p>},
  author       = {Julén Votinius, Jenny},
  issn         = {0964-6639},
  keyword      = {Gender,labour law,market values,motherhood,normative conflict,parental rights,Swedish law},
  language     = {eng},
  month        = {02},
  publisher    = {SAGE Publications Inc.},
  series       = {Social and Legal Studies},
  title        = {Normative Distortions in Labour Law : Exploring the Field of Parental Rights in Working Life},
  url          = {http://dx.doi.org/10.1177/0964663917753724},
  year         = {2018},
}