Documents Cruz, Katie 2 results

"Patricia Ewick and Susan Silbey's recent auto-critique invited legal consciousness scholars to develop their analyses of legal hegemony in the context of collective sites of legality construction and the contestation of the hegemony of state law. Trade unions provide a particularly apposite group and institutional site to study such processes. From a Marxist perspective, recent labour law scholarship has argued that union engagement with law reproduces liberal legal hegemony by depoliticizing domination and disciplining the individual and collective consciousness of workers and unions. First, we argue that critical legal consciousness research (cLCR) can nuance this Marxist perspective via its insights about polyvocality and legal pluralism. Second, we argue that cLCR relating to the relationship between counter-hegemonic projects and hegemony could be enriched by elements of the Marxist critique of labour law, albeit one that is committed to viewing theory as productive of hypotheses, rather than certainties, that should always be empirically investigated."

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"In this paper, we review the European sex worker rights movement and instances of trade unionism that have grown out of it before focussing on three case studies of contemporary sex worker organising: Red Umbrella in Sweden (RUS), the sex worker section (SW-S) of the Freie Arbeiter*innen Union (Free Workers' Union) in Germany, and the Sex Workers' Union (SWU) branch of the Bakers, Food and Allied Workers Union (BFAWU) in the United Kingdom. All three organisations demand decriminalisation, destigmatisation and decommodification and engage in social and political strategies to achieve these goals. In addition, SWU and SW-S are engaged in trade unionism in pursuit of decommodification. Read together, these case studies demonstrate that criminalisation, repressive regulation and stigma adversely affect sex workers' strategies, including the trade unionism that is supposed to decommodify their labour via access to individual and collective labour rights and broader social welfare rights. At the same time, these groups report several successes, from effective peer to peer support networks to growing acceptance within trade unions and legal victories concerning employment status and other workplace issues. European and international labour institutions and national trade unions are uniquely placed to play a key role in supporting the decommodification strategies of the sex worker rights movement. This support must, however, extend to decriminalisation and destigmatisation."