The Law and Economics of Dismissal Regulation - A Comparative Analysis of the US and UK Systems
AbstractThis paper analyzes competing models of dismissal regulation from a Law and Economics perspective, using the contemporary US and UK dismissal regimes as a comparative benchmark. The regulation of dismissals in the UK and US differs widely in spite of their joint common-law tradition. Whereas the UK places great reliance on statutory law, the dismissal regime of the US emphasizes individual court action. Underlying these variations are broader differences which originate from historical trajectories of legal development as well as far reaching choices about economic governance. This paper revews the development and the key characteristics of the US and UK systems of dismissal protection. We then discuss some of the views which dominate the contemporary debate on dismissal protection. Analyzing conventional arguments for and against dismissal regulation, we conclude that, due to its focus on efficiency calculus, this debate has entererd a conceptual deadlock. This deadlock, we suggest, can be overcome by moving from arguments which are principally based on economic efficiency to a property rights view of job security.
Download InfoTo our knowledge, this item is not available for download. To find whether it is available, there are three options:
1. Check below under "Related research" whether another version of this item is available online.
2. Check on the provider's web page whether it is in fact available.
3. Perform a search for a similarly titled item that would be available.
Bibliographic InfoPaper provided by Centre for Research into Industry, Enterprise, Finance and the Firm in its series CRIEFF Discussion Papers with number 9621.
Date of creation: Oct 1996
Date of revision:
Contact details of provider:
Postal: School of Economics and Finance, University of St. Andrews, Fife KY16 9AL
Phone: 01334 462420
Fax: 01334 462438
Web page: http://crieff.wordpress.com/
More information through EDIRC
Law and Economics; Unjust Dismissal; Property Rights;
Find related papers by JEL classification:
- B25 - Schools of Economic Thought and Methodology - - History of Economic Thought since 1925 - - - Historical; Institutional; Evolutionary; Austrian
- J53 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Labor-Management Relations; Industrial Jurisprudence
- J58 - Labor and Demographic Economics - - Labor-Management Relations, Trade Unions, and Collective Bargaining - - - Public Policy
- J68 - Labor and Demographic Economics - - Mobility, Unemployment, and Vacancies - - - Public Policy
- K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
- K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
- K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process
- K42 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Illegal Behavior and the Enforcement of Law
You can help add them by filling out this form.
reading list or among the top items on IDEAS.Access and download statisticsgeneral information about how to correct material in RePEc.
For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Bram Boskamp).
If references are entirely missing, you can add them using this form.