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Sir Otto Kahn-Freund (17 November 1900 – 16 August 1979) was professor of comparative law, University of Oxford, and a scholar in labour law. ==Biography== Kahn-Freund was born in Frankfurt am Main of Jewish parents and educated at the Goethe-Gymnasium there and Frankfurt University. He became judge of the Berlin labour court, 1929. Dismissed by the Nazis in 1933, he fled to London and became a student at the London School of Economics. He became an assistant lecturer in law there in 1936 and professor in 1951. He was called to the bar (Middle Temple) in 1936. He became a British citizen in 1940. He was appointed professor of comparative law, University of Oxford, and fellow of Brasenose College, Oxford in 1964 and elected FBA in 1965. He became an honorary bencher of the Middle Temple in 1969 and a QC in 1972. He was knighted in 1976. He played an important part in the establishment of labour law as an independent area of legal study, and is credited as the doyen of British Labour Law.〔See Lewis, 'Kahn-Freund and Labour Law: an Outline Critique' (1979) (8 Industrial Law Journal 202–221 )〕 He laid the groundwork of a philosophical approach toward Labour Law in British scholarship, which had hitherto been characterised by empiricism. In particular, his concept of "collective ''laisser-faire''" was both a description of the British model of industrial relations in the 1960s and a normative model of how industrial relations should be. Industrial relations is conceived as tripartite, with Employers, Employees (through Trade Unions) and the State all engaged as actors. "The relation between an employer and an isolated employee or worker is typically a relation between a bearer of power and one who is not a bearer of power. In its inception it is an act of submission, in its operation it is a condition of subordination."〔O Kahn-Freund, ''Labour and the Law'' (1972) 8, and see also Davies and Freedland ''Kahn-Freund's Labour and the Law'' (1983) 18〕 The concept of collective laisser-faire sets out the idea that the law (and the State) should be abstentionist, meaning that the state should allow capital and collective labour to negotiate freely, without extensive legislative interference, unless collective representation is unlikely to yield industrial justice or stability. Philosophically, this can be contrasted with the "market individualism" approach or the "floor-of rights" approach. He was a member of the ''Royal Commission on Reform of Trade Unions and Employers' Associations'' 1965. This became known as the Donovan Commission,〔(EMIRE: UNITED KINGDOM – DONOVAN COMMISSION 1965–68 )〕 and reported in 1968. Kahn-Freund, as the senior lawyer on the commission, has been regarded as having substantially written the Donovan Report published in 1968,〔See in particular Lewis Op. Cit.〕 although credit for moving the Commission's views towards a 'laisser faire' attitude has been largely given to another member, Hugh Clegg.〔Thompson (n. d.)〕 The Donovan Report's significance in British Labour Law is that it formed the intellectual underpinnings of both the Industrial Relations Act 1971 and the Trade Union and Labour Relations Act 1974. Otto Kahn-Freund had a substantial and extensive influence on a generation of British labour lawyers, many of whom themselves passed on his influence in their own academic work, such as Bill Wedderburn, Paul L. Davies, Mark Freedland, Roy Lewis and Jon Clarke. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Otto Kahn-Freund」の詳細全文を読む スポンサード リンク
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