Abstract
Though Niklas Luhmann has not made direct contributions to industrial relations, his systems theory, based on the notion of autonomy of social systems and their ability to reproduce themselves, has influenced industrial relations theorists. Prominent among them is author Ralf Rogowski, professor of law at the University of Warwick, who argues in favor of a full-fledged autopoietic industrial relations system that reproduces itself through collective communications, especially negotiations.
Luhmann also stresses that all function systems are exposed to the pressure of globalization that results from worldwide communication. Based on this understanding, a theory of the world society is developed that includes world law as a separate order of norms at the global level. German legal theorist Gunther Teubner also developed a theory of reflexive law, arguing that a complex modern legal system is characterized by reflexive rationality focusing attention on proceduralization and the fundamental importance of self-regulation.
In Reflexive Labour Law in the World Society, Rogowski draws on this wide theoretical background and uses it for assessing labor law’s changing role in society and for developing a theory of reflexive labor law that matches the complexity of modern society. The book describes a stage in the development when labor law realizes its systemic limits with respect to other social systems and detects a source of strength in its capacities for self-regulation.
The book itself is made up of three parts. The first part gives a concise overview of the theoretical foundations of Rogowski’s concept, mapping out the aspects of world society, reflexive labor law, and industrial relations as a social system. It successfully introduces the reader to these elaborate theoretical backgrounds and provides a strong basis for the following parts that apply the theory of reflexive labor law.
The second section lays out reflexive trends in modern labor law, focusing on employment protection, the regulation and deregulation of labor market policies and labor laws, and the regulation of labor and employment conflict resolution. In this context Rogowski also refers to comparative experiences like labor market deregulation in Great Britain, Germany, France, and the United States from a reflexive labor law point of view.
In the third part, Rogowski applies the theory of reflexive labor law to the European and international arena. On the European level he looks at the reflexive coordination of European social and employment policies as well as the reflexive implementation of EU employment law. The latter is illustrated by a case study of the Working Time Directive 2003/88/EC that serves as an excellent example of the paradox that characterizes law in modern society according to social systems theory. Any attempt to create certainty by reducing complexity automatically creates new complexity and new uncertainty. It is the irony of reflexive law that it understands this paradox but continues in regulatory efforts, albeit with new legal instruments.
The international section of the book deals not only with the formal standard setting and social clauses in multilateral agreements by the International Labour Organization, Organisation for Economic Co-operation and Development, and World Trade Organization but also with the role of Corporate Social Responsibility in global labor law.
Reflexive Labour Law in the World Society is definitely a very thought-provoking work although sometimes also an exhausting text for those who want to get a new perspective on the societal mechanisms shaping the body of labor regulations. Building on foundations laid down by Luhmann and Teubner, Rogowski shows the value of social systems theory and establishes reflexive labor law as a valuable tool for analyzing labor law.
The book or parts of it could be of use in industrial relations programs, especially for advanced courses dealing with the role and development of law within a society. It would introduce a novel approach and therefore definitely enrich the academic discussion.