Republican non-domination and labour law: new normativity or Trojan horse?

This article considers the prospects for a new normativity for labour law based upon neorepublican theories of non-domination. It argues that the neo-republican tradition is complex and contested, and that it does not generate a single normative template for labour law. Some neo-republican theorists prescribe a policy mix of enhanced ‘exit’ rights and labour market deregulation, whereas others advocate a radical programme of structural emancipation. It is important that labour lawyers scrutinize the details of neo-republicanism, to ask which neorepublicanism, before embracing it wholesale as a new foundation for the discipline.