Between intimacy and alienage: The legal construction of domestic and carework in the welfare state

Research output: Chapter in Book/Report/Conference proceedingChapterpeer-review

Abstract

This article depicts the role played by legal regulation of domestic work in Israel. The article commences with a short description of how care work has developed in Israel. Following this historic exposition, we present three legal "stories" that demonstrate the dual role of law (reflective and constitutive), its fractured nature and internal disorder, and, at the same time, its assembly into a systemic expressive and practical order. The stories show how the legal system has drawn on the terms intimacy and alienage to craft a very particular position for care and care-workers in Israel. The first episode, which deals with aspects of employment law, situates the worker in the private sphere on the basis of intimacy. The second episode, which deals with immigration and social rights, situates the worker in the public sphere on the basis of alienage. In both cases these regulative approaches have been crafted to the detriment of workers. Although the terms used in both episodes seem to be conflicting, they come together when viewed as part of the economic order of a broader system, as discussed in the third episode.
Original languageEnglish
Title of host publicationMigration and Domestic Work
Subtitle of host publicationA European Perspective on a Global Theme
EditorsHelma Lutz
Place of PublicationAshgate
PublisherAshgate Publishing Ltd
Pages161-176
Number of pages16
ISBN (Electronic)9781315595306
ISBN (Print)9780754647904
StatePublished - 2008

Keywords

  • Legal Regulation
  • Domestic Work
  • Development of Care Work in Israel
  • Historic Exposition of Care Work in Israel
  • Dual Role of Law
  • Fractured Nature of Law
  • Internal Disorder of Law
  • Intimacy
  • Alienage
  • Immigration
  • Social Rights
  • Regulative Approaches

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