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Philosophical Foundations of Labour Law
Labour law doctrine has fully incorporated discrimination, but labour law theory has not. Market ordering is labour law's villain, but employment discrimination theory often casts market ordering as a victim needing rescue from employers' irrational judgements or non-economic motivations. This chapter traces the tension by examining the place of bilateral employee–employer relationships in both domains, including alternatives that adopt divergent structural perspectives on, for instance,doi:10.1093/oso/9780198825272.003.0009 fatcat:r56afbsshbgurixgsncyhccu2e