ASSIGNMENT labor. Nevertheless, since the 1970’s there

ASSIGNMENT 1

 

Define with your own words “commodification of labor”
and “re-commodification of labor”.

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The
commodification of labor is the fact that workers have to sell labor force
according to the laws of supply and demand. It is a consequence of the
industrial stage of capitalism under the perspective of the liberal ideology of
the 19th century.

Workers
are therefore considered as resources that the market needs in order to
function.

 

However,
in order to sustain social stability and economic growth, the state had to
respond by starting social reforms that had the effect of reducing the
commodity character of labor relationships.

Such
movement is known as decommodification, seeing how participation in the labor
market was more protected and income was made less dependent on the amount of
labor performed. It was, however, a fictitious decommodification. The workers’
welfare was still made dependent on the performance of labor.

 

Nevertheless,
since the 1970’s there has been a process of labor recommodification around the
world.

 

What is, according to Supiot, the “total
market”? How does it influence the law?

The
total market is a utopia where signs and things can all be rendered
commensurable and mobilized in the cause of globalized competition. It becomes
total as a form of organization based on the total mobilization of human,
technological and natural resources. This is all due to the abolition of
physical distance when it comes to transmitting signs between people and also
due to the free movement of capital and goods.

 

Total
market converts everything into economic resources. Therefore, a
commodification of human beings also takes place: people are considered as
means to an end, not the beneficiaries of the economic activity. As a result, interpersonal
relationships are turned into a tradeable product. This phenomenon is what
leads to what we nowadays call “law shopping”.

 

 

What is “Law shopping”? Could you put an example of
it?

Law
shopping is the faculty offered to an applicant because of the diversity of the
rules of procedure to choose the competent court to know of a procedure
according to criteria of effectiveness or elimination. In case of multiple
institutions, the choice of the competent court is in principle fixed, either
by the Court of Appeal or by the Court of Cassation. The European regulation
favors the notion of “center of main interests” while specifying that
it is presumed to be located at the company’s head office. The center of main
interests must be unambiguous and easily determinable by third parties. These
rules, both national and international, allow, depending on the criteria
selected, to choose in certain cases its court and therefore its law.

 

An
example of law shopping could be the fact that some people decide to undergo a
divorce in the United Kingdom because of its generous divorce settlements, in
comparison to other countries.

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