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Property, Labour and Legal Regulation
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Property, Labour and Legal Regulation

Dignity or Dependence?

9781784711634 Edward Elgar Publishing
Mark Findlay, Professor, School of Law and Director, Centre for AI and Data Governance, Singapore Management University
Publication Date: 2015 ISBN: 978 1 78471 163 4 Extent: 256 pp
In this revealing comparative study, Mark Findlay examines the problematic nexus between undervalued labour and vulnerable migration status in dis-embedded markets. It highlights the frustrations raised by timeless regulatory failure and the chronic complicity of private property arrangements in delivering unsustainable market engagement. Mark Findlay identifies the challenge for normative and functional foundations of equitable governance, by repositioning regulatory principle, to restore dignity to market relations.

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In this revealing comparative study, Mark Findlay examines the problematic nexus between undervalued labour and vulnerable migration status in dis-embedded markets. It highlights the frustrations raised by timeless regulatory failure and the chronic complicity of private property arrangements in delivering unsustainable market engagement. Mark Findlay identifies the challenge for normative and functional foundations of equitable governance, by repositioning regulatory principle, to restore dignity to market relations.

The accountability of property through wider access and inclusion, it is argued, grounds commodified occupation as a vitally valuable social bond in which workers are empowered to participate rather than suffer exploitation. The comparative analysis of the EU and ASEAN regulatory contexts reveals that it is not simply more regulatory activity, but rather its reversion from market interests to human values, which will advance sustainability.

Property, Labour and Legal Regulation offers an insightful, critical analysis of crucial contemporary issues facing social administrators, lawyers and policy makers working in the fields of migration, labour law and regulation. Its broad disciplinary coverage lends itself to students of law and regulation who will benefit from this unique evaluation of private property, labour relations and migration exclusivity.
Critical Acclaim
‘Using property and labour as his major themes, Mark Findlay analyses the way in which law has come to serve the cult of the market at the expense of abandoning its broader role of serving communities. With wonderful scholarship he charts a path to how law’s social purpose might be regained. Law re-emerges as the primary means for the regulatory state to re-connect with social values and communities. The book is a tour de force.’
– Peter Drahos, Australian National University
Contents
Contents: 1. Property Rights and the Regulation of Immigrant Labour 2. Private Property Relations and Regulating the Immigration – Labour Nexus 3. Private Law, Private Property Arrangements and Inclusivity 4. Substantive Inequality to Contract? 5. Agents, Pirates or Slavers 6. Regulatory Preferencing: A Comparative Study Conclusion: Designating Dignity Bibliography Index
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