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22 Feminist L. Stud. 1 (2014)

handle is hein.journals/femlst22 and id is 1 raw text is: Fern Leg Stud (2014) 22:1-23 DOI 10.1007/s10691-014-9256-2 Feminist Reflections on the Scope of Labour Law: Domestic Work, Social Reproduction, and Jurisdiction Judy Fudge Published online: 25 February 2014 © Springer Science+Business Media Dordrecht 2014 Abstract Drawing on feminist labour law and political economy literature, I argue that it is crucial to interrogate the personal and territorial scope of labour. After discussing the commodification of care, global care chains, and body work, I claim that the territorial scope of labour law must be expanded beyond that nation state to include transnational processes. I use the idea of social reproduction both to illustrate and to examine some of the recurring regulatory dilemmas that plague labour markets. I argue that unpaid care and domestic work performed in the household, typically by women, troubles the personal scope of labour law. I use the example of this specific type of personal service relation to illustrate my claim that the jurisdiction of labour law is historical and contingent, rather than conceptual and universal. I conclude by identifying some of the implications of redrawing the territorial and personal scope of labour law in light of feminist understandings of social reproduction. Keywords Labour law - Care - Domestic work - Gender - Work - Social reproduction Introduction The erosion of the standard employment relationship, the male-breadwinner and female housewife gender contract, the vertically integrated firm, and trade unions' economic and political power has combined with globalising economic relations to create a crisis for labour law in the developed world as labour law's norms have been weakened and its ability to protect workers has been undermined (Davidov and Langille 2011). In the developing world, labour law's capacity to provide a stable J. Fudge (®) Kent Law School, University of Kent, Canterbury, Kent CT2 7NS, UK e-mail: J.A.Fudge@kent.ac.uk I_ Springer

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