Keywords: epistemology of Labour Law; new legitimacy; communicative process.
The author deals with the crisis of Labour Law's epistemological
statute in the era of globalization, on the premise that the Labour Law's
classical rationale has entered into a decisive crisis and that the constitutional
foundation, even though important, is not able to fulfill the discipline's
need for a new legitimacy, which entails a plurality of justifications
for Labour Law, the economic one included. The author therefore suggests
that such legitimacy can be found only on a procedural basis and
proposes to use Habermas's legal theory as a possible analytic tool. That
leads the author to develop some reflections concerning the quality of
communicative process within the current Labour Law's discourse.