Judy Fudge - The Class Politics of Law: Essays Inspired by Harry Glasbeek

THE
CLASS
POLITICS
OF LAW

THE
CLASS
POLITICS
OF LAW

ESSAYS INSPIRED BY HARRY GLASBEEK

Edited by Eric Tucker & Judy Fudge

FERNWOOD PUBLISHING
HALIFAX & WINNIPEG

Copyright 2019 Eric Tucker and Judy Fudge

All rights reserved. No part of this book may be reproduced or transmitted in any form by any means without permission in writing from the publisher, except by a reviewer, who may quote brief passages in a review.

Editing: Curran Faris
Cover design: Tania Craan
Printed and bound in Canada
eBook: tikaebooks.com

Published by Fernwood Publishing
32 Oceanvista Lane, Black Point, Nova Scotia, B0J 1B0
and 748 Broadway Avenue, Winnipeg, Manitoba, R3G 0X3

www.fernwoodpublishing.ca

Fernwood Publishing Company Limited gratefully acknowledges the financial support of the Government of Canada, the Canada Council for the Arts, the Manitoba Department of Culture, Heritage and Tourism under the Manitoba Publishers Marketing Assistance Program and the Province of Manitoba, through the Book Publishing Tax Credit, for our publishing program. We are pleased to work in partnership with the Province of Nova Scotia to develop and promote our creative industries for the benefit of all Nova Scotians.

This book has been published with the help of a grant from the Federation for the Humanities and Social Sciences, through the Awards to Scholarly Publications Program, using funds provided by the Social Sciences and Humanities Research Council of Canada.

Library and Archives Canada Cataloguing in Publication

Title: The class politics of law: essays inspired by Harry Glasbeek / edited by Eric Tucker andJudy Fudge.

Names: Tucker, Eric, 1951 editor. | Fudge, Judy, editor.

Description: Includes bibliographical references and index.

Identifiers: Canadiana (print) 20190056967 | Canadiana (ebook) 20190057009 | ISBN 9781773631004

(softcover) | ISBN 9781773631219 (EPUB) | ISBN 9781773631226 (Kindle)

Subjects: LCSH: Sociological jurisprudence. | LCSH: LawEconomic aspects. | LCSH: LawPolitical aspects.

Classification: LCC K370 .C63 2019 | DDC 340/.115dc23

CONTENTS

Afterword
Law and Class: Essays Inspired by Harry Glasbeek Ron McCallum

To Harry Glasbeek,
whose work has been inspirational.

ACKNO WLEDGEMENTS

The chapters in this volume were first presented at a workshop held on 28 June 2017 at Osgoode Hall Law School, York University, which provided us with generous funding for the event. We would like formally to thank the Law School for its support of a celebration of Harrys inspiring research and pedagogy, which was a distinctive feature of Osgoodes culture for so long. Mary Rosati and Jody-Ann Rowe provided expert assistance in organizing and running the workshop, and we would like to thank them for their good judgment, good taste, and grace.

Daniel Drache presented an excellent paper at the workshop on labour market precarity, but due to other commitments, he was not able to contribute a chapter to the book.

We would also like to thank Andrew Link for copy editing and formatting the chapters and assembling the consolidated references. His skill and dedication saved us an enormous amount of work. We would also like to thank Fernwood Publishing and in particular Tanya Andrusieczko, Beverley Rach and Curran Faris for pushing us to improve the texts readability and for expertly shepherding the book to publication. Of course, any remaining errors are solely our responsibility.

Neil Brooks would like to thank Thaddeus Hwong for his assistance with the references in his chapter.

The idea for the workshop and book had been incubating for many years. Harry retired a few years before he turned sixty-five, but because his retirement did not mark any change in his scholarly endeavours, we did not think to organize an event to mark the occasion. We also knew that at the time Harry found the idea of a festschrift in his honour embarrassing. However, as the years rolled by we felt that an event to acknowledge Harrys enormous contributions and influence was increasingly overdue and that it was really a matter of finding the proper occasion. As luck would have it, Harry solved that problem for us when he completed two book-length manuscripts, the first of which, Class Privilege: How Law Shelters Shareholders and Coddles Capitalism, was published in 2017, and the second, Capitalism: A Crime Story, was published in 2018. So most of all, we like to thank Harry and his family for agreeing to allow us to hold this event.

And finally we would like to thank all of Harrys colleague, students, and friends who came to the event, listened to the papers, asked questions, and laughed at the absurdity of trying to challenge class with law, and to acknowledge those friends and colleagues who were not there.

CONTRIBUTORS

Steven Bittle is an associate professor of criminology at the University of Ottawa. His research and teaching interests include crimes of the powerful, corporate crime, corporate criminal liability, safety crimes, and the sociology of law. He is the author of Still Dying for a Living: Corporate Criminal Liability after the Westray Mine Disaster (2012, UBC Press) and co-editor (with Laureen Snider, Steve Tombs and David Whyte) of Revisiting Crimes of the Powerful: Marxism, Crime and Deviance (Routledge, 2018).

Neil Brooks is a professor emeritus of Osgoode Hall Law School in Toronto where he taught tax law and policy and was the director of the graduate program in taxation for over forty years.

Keith Ewing has been professor of public law at Kings College, London, since 1989, having previously worked at the universities of Edinburgh and Cambridge. He works closely with trade unions in the United Kingdom and elsewhere, and is president of the Institute of Employment Rights, and a vice president of the International Centre for Trade Union Rights.

Judy Fudge teaches in labour studies at McMaster University. She takes a socio-legal approach to studying work and labour. Her most recent work focuses on labour exploitation, modern slavery, and unfree labour in the context of labour migration, and she working on a book on that topic.

Douglas Hay taught at Osgoode Hall Law School and the York Department of History from 1981 to 2015. He has written on the history of English and Canadian criminal law, and the contract of employment in Britain and the British Empire. Harry hugely helped him understand the role of law in the creation of class societies, income inequality, and injustice.

Katherine Lippel is a full professor of law at the Faculty of Law (Civil Law Section) at the University of Ottawa and holds the Canada Research Chair in Occupational Health and Safety Law. She is also a member of the CINBIOSE research centre. She specializes in legal issues relating to occupational health and safety, workers compensation, and return to work after work injury. She was made a fellow of the Royal Society of Canada in 2010, and in 2017 she was awarded the Social Sciences and Humanities Research Council Gold Medal, the councils highest award.

Ron McCallum was a student in Harrys 1970 labour law class. Harry encouraged him to undertake postgraduate study at Queens University Canada. After teaching labour law for more than forty years, Ron is now an emeritus professor and former dean of law at the University of Sydney.

Bryan Palmer, a former editor of Labour/Le Travail, and a fellow of the Royal Society of Canada, has published more than twenty books on the history of labour and the left. His most recent book, forthcoming with Brill in the Historical Materialism book series, is James P. Cannon and the Emergence of American Trotskyism, 19281938.