What Is Human Resources Law?
本文探讨了人力资源法这一术语的含义，认为它反映了一种不同于传统劳动法的工作关系范式，并指出人力资源专业人士在解释和适用劳动法时拥有权威地位，其影响因司法管辖区而异。
Abstract Human Resources (‘HR’) Law is not a term much used by legal scholars. In law schools throughout the English-speaking world, one encounters courses on employment law, labour law and, less frequently, work law, but no courses on ‘HR law’. Outside of law schools, however, the term is common parlance, at least in North America. But what is HR law? Is it nothing other than employment law, rebranded to appeal to firms and other employing organisations? In this paper, we argue that HR law reflects and reinforces a particular paradigm or vision of work relations that is quite distinct from traditional understandings of labour law’s defining purpose. When it comes to interpreting and applying employment law, moreover, human resource management professionals and HR lawyers assume positions of authority—positions of authority that might be recognised within firms by senior management and, beyond the firm, by courts, policy makers and legislatures. To what extent and with which consequences this is so, is likely to be jurisdiction-specific and demands further investigation.