노동법비판

알랭 쉬피오 , 박제성

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9791158290276

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Publication Date	2017/02/25
Pages/Weight/Size	15322430mm
ISBN	9791158290276
Categories	사회 정치 > 법

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Description

쉬피오의 『노동법비판』은 1994년 프랑스에서 출판된 책이지만, 이 책이 탐구하고 있는 질문들과 이 책이 해명하고 있는 노동법의 기본 원리들은 오늘날 한국에서도 여전히 유의미한 것이라고 하지 않을 수 없다. 이 책은 노동법에 관한 책이지만 노동법 전공자들만을 위한 책은 아니다. 노동 문제를 어떻게 해결할 것인가? 이 질문에 대한 대답은 어떤 노동을 원하는가, 그 상상력에 달려있다. 그리고 그 새로운 상상력을 잉태하고 탄생시키고자 하는 모든 사람들에게 이 책이 작은 도움이 될 수 있기를 희망한다. 역자는 번역을 하면서 두 가지 선택을 하였다. 첫째, 본문에서는 가급적 원어를 병기하지 않으려 하였다. 비전공자들도 좀더 쉽게 읽을 수 있도록 하기 위해서이다. 둘째, 반대로 각주의 참고문헌은 가능한 한 원어 그대로 표기하고자 하였다.

Contents

서론 노동의 문제

서장 계약과 신분 사이: 유럽의 노동관계에 대한 일고찰
제1절 두 가지 법문화 ·············································································14
제2절 신분이 계약으로 편입되다 ····················································· 31
제3절 새로운 불균형 ··········································································· 39

제1부 인격과 사물
제1장 노동, 법의 객체
제1절 사물의 힘: 재화로서의 노동 ·················································· 54
제2절 신체와 재화: 노동계약의 모호한 목적 ································ 63
제2장 노동자, 법의 주체
제1절 안전 ····························································································· 86
1. 노동에서의 안전 ·································································· 86
2. 노동에 의한 안전 ································································ 94
제2절 정체성 ······················································································· 104
1. 노동에 의한 집단적 정체성 ············································ 109
2. 노동에서의 개별적 정체성 ·············································· 125

제2부 종속과 자유
제3장 집단의 발명
제1절 자발적 종속의 난점들 ·························································· 141
1. 종속 ······················································································ 142
2. 개별적 의사의 자치 ·························································· 147
3. 의사의 종속 ········································································ 152
제2절 집단의 길 ················································································· 158
1. 잃어버린 형제애 ································································ 160
2. 구체적 평등 ········································································ 171
3. 사회적 공서 ········································································ 175
4. 집단적으로 행동할 수 있는 개별적 자유 ···················· 180
제4장 사업의 문명화
제1절 사업 안에서의 자유 ······························································ 194
1. 집단자치의 영역 ································································ 194
2. 개별적 자치의 영역 ·························································· 204
제2절 사업과 법 ················································································· 216
1. 법의 원천으로서의 사업 ·················································· 217
2. 법의 객체로서의 사업 ······················································ 226

제3부 법률과 규범
제5장 법에 대한 소송 제기
제1절 노동에서의 합법성 ································································· 242
1. 노동법과 사회적 사실 ······················································ 242
2. 노동법과 법적 합리성 ······················································ 248
제2절 입법화에 대한 비판들 ·························································· 255
1. 법에 대한 비판 ·································································· 255
2. 사회정의에 대한 비판 ······················································ 262
제3절 규범의 유혹 ············································································· 271
1. 법규칙과 경제규범 ···························································· 272
2. 법적 합리성의 한계들 ······················································ 281
제6장 규범의 형상들
제1절 기술규범 : 노동법과 유럽식 규범화 ································· 293
1. 준거규범 ·············································································· 295
2. 법규칙과 기술규범의 구분 ·············································· 300
제2절 행위규범: ‘인적 자원’의 규범화 ·········································· 307
제3절 경영규범 ··················································································· 315
1. 새로운 전문가들의 완전지(完全知) ································ 317
2. 전문가 의뢰의 규범적 기능 ············································ 322

결론
1. 노동의 미래 ···················································································· 327
2. 법학자의 일 ···················································································· 335

Author

알랭 쉬피오,박제성

1979년에 프랑스 보르도대학교에서 법학박사 학위를 받았고, 1980년부터 푸와티에대학교와 낭트대학교 교수를 거쳐, 2012년에 콜레주 드 프랑스에서 법학 분야의 석좌교수로 선출되어 “사회국가와 세계화: 연대에 관한 법학적 분석”이라는 강좌를 맡고 있다. 2007년에는 낭트고등과학연구원을 설립하여 2013년까지 원장을 역임했다. 주요 저서로는 『노동법원론(Les juridictions du travail)』(1987), 『노동법비판(Critique du droit du travail』(1994), 『고용을 넘어(Au-dela de l’emploi, Flammarion)』(1999), 『법률적 인간의 출현: 법의 인류학적 기능에 관한 시론(Homo juridicus. Essai sur la fonction anthropologique du Droit)』(2005), 『필라델피아 정신: 시장전체주의 비판과 사회정의 복원을 위하여(L’Esprit de Philadelphie. La justice sociale face au March total)』(2010) 등이 있다.