1st Edition

Property in Work The Employment Relationship in the Anglo-American Firm

By Wanjiru Njoya Copyright 2007
    240 Pages
    by Routledge

    240 Pages
    by Routledge

    The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.

    Contents: Preface; Introduction: corporations, workers and property; Work property and liberty; Ownership of the firm; Efficiency and shareholder primacy; The legal framework; Conclusion: corporations, workers and property. Bibliography; Index.

    Biography

    Wanjiru Njoya teaches law at St John's College, University of Oxford, UK. She is also a member of the Faculty of Law at the University of Oxford, UK.

    Shortlisted for the Hart-SLSA 2008 Early Career Prize 'As Dr Njoya observes in this timely and thought-provoking book: "The notion of property in work, despite its deep roots in the Anglo-American legal tradition, has not received the consideration it deserves". Her important volume rises to the challenge of remedying this deficiency. Its argument that the notion of workers' property rights in their jobs is of venerable legal lineage and is no modern pretender is illuminating, and its contention that the notion can play a significant role in striking a just balance between the interests of shareholders and employees in the modern, publicly-owned corporation merits close consideration. This book puts "property in work" back on the agenda and it should appeal to all those, on both sides of the Atlantic and beyond, with an interest in employment law.' John Keown, Georgetown University, USA 'Will certainly prove controversial...not everyone will agree with its initial assumptions, but the quality of explanation throughout is outstanding. The arguments are impressively watertight. Overall, an exceptionally fine book.' Michael Hurst, St John's College Oxford, UK 'This very readable and extensively researched monograph...is extremely thought provoking and offers a fresh vision of an old concept...' Industrial Law Journal