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Full-Text Articles in Law

Property In Labour And The Limits Of Contract, Claire Mummé Jul 2014

Property In Labour And The Limits Of Contract, Claire Mummé

Law Publications

As has long been recognized, the contract of employment depends on the commodification of labour power. Notwithstanding debates amongst political theorists and trade union activists about whether individuals should be viewed as self-owners, and whether it is possible to sell one’s capabilities without selling one’s self, the law does treat labour power as a commodity. There has been little research on the ways in which the law does so, however, for the simple reason that self-ownership of one’s laboring capacities is often taken as fact, as the starting premise for analysis, and treated as a necessary pre-condition for individual self-realization …


The Ontario Human Rights Code’S Distributive And Recognitional Functions In The Workplace, Claire Mummé Jan 2014

The Ontario Human Rights Code’S Distributive And Recognitional Functions In The Workplace, Claire Mummé

Law Publications

In her analysis of the purpose of the Ontario Human Rights Code, the author draws on Nancy Fraser’s distinction between the two main strategies that have been used to combat inequality. Strategies of redistribution, which prevailed among equality activists in the early twentieth century, see inequality as arising from unequal access to economic resources. Strategies of recognition, which have come into prominence more recently, see inequality as arising from sociocultural prejudices that deny equal recognition to disadvantaged groups. Although the Ontario Human Rights Code is often seen as focusing on recognitional issues, the author argues that through the market relationships …