Abstract

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.