Year: 2011
Type: article
Abstract: Das Erstellen und Weitergeben von Kopien dieses PDFs ist nicht zulässig.Verfassung und Recht in Übersee (VRÜ) 44 (2011) 238 thesis I will look into the development rhetoric and the legal regime in India.I will chart the course of development potential of the workers in the country and look into the role of labour law in such development discourse.I will show that the law and development discourse in its present formulation is actually an obstacle in the actual potential for development (by which I mean 'emancipation') of the workers in the country.To pursue the abovementioned course I first need to address the meaning of the oft iterated country-specific development discourse as is dominantly understood. B. Defining DevelopmentShmuel Eisenstadt asserted that the quest of modern nations is development from premodern societies to modern societies.3 This development towards modernization means 'the process of change towards those types of social, economic and political systems that have developed in Western Europe and North America from the seventeenth century to the nineteenth'.4 The modernization indicators are individual freedom, institutional structures, technocratic improvement, urbanization, shift from traditional mode of production to newer modes, growth of per-capita income, growth of market for goods, labour, money and plethora of other micro and macro characteristics.5 Thus, the modern nation-state development is characterized as essentially the process of Westernization of the 'non-developed' world.Such an understanding also underlies the work of the global rebuilding and financing organizations, highly influenced by the neo-liberal doctrine.6 The conceptual framework of the development dogma rests on the three principal interrelated understanding of the idea 'development': the sustainable livelihoods concept, the human capability concept and the empowerment concept.7 The sustainable livelihoods concept approaches development from individual capacity and assets building perspective.Sustainable development was famously defined by Brundtland as: 'development that meets the needs of the present without compromising the ability of future generations to meet their own needs.' 8 The concept was not so much concerned with ecological limits as it was with socio-economic 3 Shmuel N. Eisenstadt, The Basic Characteristics of Modernization, in: Shmuel N. Eisenstadt (ed.), Modernization, Protest and Change, Eaglewood Cliffs 1966, p. 1. available at http://www.europa.clio
Source: Verfassung in Recht und Übersee
Author: Supriya Routh
Language: German
Topic: Legal and Labor Studies
Subfield: Industrial relations
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W2321101630