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The starting point of this book is that the conceptualization of personhood and how that has become incorporated into labour law rights is essential for understanding the effectiveness of labour law in promoting and achieving social justice. Certainly, labour law theory recognizes the importance of the empirical lived experience of workers and the social context of work. As such it holds within it the promise of a more empirical, social notion of personhood for labour law. However, both individual and collective labour law remain dominated in practice by the liberal legal subject of law: an abstract, autonomous, rational, and independent being which bears no relation to the lived reality of worker experience. This dominance tends to reinforce already existing power relations between employers and workers, and means that labour law is unable to respond adequately to labour market change (the incursion of AI into the workplace) or labour market ‘shocks’ (the COVID-19 pandemic). It is argued in this book that it is only by incorporating a more ‘relational’ notion of self into labour law that we can really respect the humanity of workers and construct a legal framework through which social justice can be achieved at work.
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