Regulation Theory and Australian Capitalism: Rethinking Social Justice and

The end of the post-World War II 'long boom' in the mid-1970s proved the beginning of a process of political-economic change that has fundamentally transformed labour law, both in Australia and across the developed world more generally. This is a phenomenon with deep ramifications for social justice.

The dissolution of productive industry, the fragmentation of employment categories, the rise of profound employment precarity and an increasingly hostile legal environment for trade unionism have been of immense significance for key social justice issues, including income inequality, the rise of a new working-underclass, and the marginalization of organised labour.

By combining the concepts of the Parisian Regulation Approach with an explicitly Marxist jurisprudence, this study offers a theoretically rigorous yet empirically sensitive account of legal transition, with key case studies in the metal, food processing and retail sectors. Given the similar development logic of post-World War II capitalism in Western societies, this theory, although operationalised in the Australian context, can be used in the effort to explain labour law change more broadly.

Brett Heino is Lecturer, Law School, University of Wollongong. His research focuses on the relationship between the evolution of Australian capitalism and the development of Australian labour law. He has published articles on legal theory, occupational health and safety, trade union mobilization and literary theory.