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Drawing on historical narratives that are frequently examined in isolation, this book examines the tactics, rhetoric and consequences of a sustained legal and political campaign by English and Welsh trade unions, Chartists, and a few radical solicitors against the penal sanctions of employment law during the mid-nineteenth century. In so doing, the author draws new conclusions about the development of the English legal system, trade unionism and popular politics of the period.
Master and servant acts, the cornerstone of English employment law for more than four hundred years, gave largely unsupervised, inferior magistrates wide discretion over employment relations, including the power to whip, fine, and imprison men, women, and children for breach of private contracts with their employers. The English model was adopted, modified, and reinvented in more than a thousand colonial statutes and ordinances regulating the recruitment, retention, and discipline of workers in shops, mines, and factories; on farms, in forests, and on plantations; and at sea. This collection presents the first integrated comparative account of employment law, its enforcement, and its importance throughout the British Empire. Sweeping in its geographic and temporal scope, this volume tests the relationship between enacted law and enforced law in varied settings, with different social and racial structures, different economies, and different constitutional relationships to Britain. Investigations of the enforcement of master and servant law in England, the British Caribbean, India, Africa, Hong Kong, Canada, Australia, and colonial America shed new light on the nature of law and legal institutions, the role of inferior courts in compelling performance, and the definition of "free labor" within a multiracial empire. Contributors: David M. Anderson, St. Antony's College, Oxford Michael Anderson, London School of Economics Jerry Bannister, Dalhousie University, Nova Scotia M. K. Banton, National Archives of the United Kingdom, London Martin Chanock, La Trobe University, Australia Paul Craven, York University Juanita De Barros, McMaster University Christopher Frank, University of Manitoba Douglas Hay, York University Prabhu P. Mohapatra, Delhi University, India Christopher Munn, University of Hong Kong Michael Quinlan, University of New South Wales Richard Rathbone, University of Wales, Aberystwyth Christopher Tomlins, American Bar Foundation, Chicago Mary Turner, London University
Law and Society in England 1750–1950 is an indispensable text for those wishing to study English legal history and to understand the foundations of the modern British state. In this new updated edition the authors explore the complex relationship between legal and social change. They consider the ways in which those in power themselves imagined and initiated reform and the ways in which they were obliged to respond to demands for change from outside the legal and political classes. What emerges is a lively and critical account of the evolution of modern rights and expectations, and an engaging study of the formation of contemporary social, administrative and legal institutions and ideas, and the road that was travelled to create them. The book is divided into eight chapters: Institutions and Ideas; Land; Commerce and Industry; Labour Relations; The Family; Poverty and Education; Accidents; and Crime. This extensively referenced analysis of modern social and legal history will be invaluable to students and teachers of English law, political science, and social history.
Capitalism is the dominant economic framework in modern history, but it s unclear how it really works. Relying on the free movement and spontaneous coordination of seemingly infinitesimal market forces, its very essence is remarkably complex. Geoffrey M. Hodgson offers a more precise conceptual framework, defines the concepts involved, and illustrates that what is most important, and what has been most often overlooked, are institutions and contractsthe law. Chapter by chapter, Hodgson focuses in on how capitalism works at its very core to develop his own definitive theory of capitalism. By employing economic history and comparative analysis toward explanatory and analytical ends, Hodgson shows how capitalism is not an eternal or natural order, but indeed a relatively recent institution. If anyone were qualified to venture such a comprehensive and definitive analysis of such an important economic, legal, and social phenomenon, it is Geoffrey Hodgson. "Conceptualizing Capitalism" will significantly alter and carry forward our understanding of markets and how they work."
From a Pulitzer Prize–winning historian: a searing study of the British Empire that probes the country's pervasive use of violence throughout the twentieth century and traces how these practices were exported, modified, and institutionalized in colonies around the globe Sprawling across a quarter of the world's land mass and claiming nearly seven hundred million people, Britain's twentieth-century empire was the largest empire in human history. For many Britons, it epitomized their nation's cultural superiority. But what legacy did the island nation deliver to the world? Covering more than two hundred years of history, Caroline Elkins reveals an evolutionary and racialized doctrine that espoused an unrelenting deployment of violence to secure and preserve the nation's imperial interests. She outlines how ideological foundations of violence were rooted in the Victorian era calls for punishing recalcitrant "natives," and how over time, its forms became increasingly systematized. And she makes clear that when Britain could no longer maintain control over the violence it provoked and enacted, it retreated from empire, destroying and hiding incriminating evidence of its policies and practices. Drawing on more than a decade of research on four continents, Legacy of Violence implicates all sides of Britain's political divide in the creation, execution, and cover-up of imperial violence. By demonstrating how and why violence was the most salient factor underwriting Britain's empire and the nation's imperial identity at home, Elkins upends long-held myths and sheds new light on empire's role in shaping the world today.
The current debate about industrial relations cannot be understood without a knowledge of trade-union history. Dr Pelling's book, which has for several years been a standard work on the subject, has again been revised and updated to take account of recent research and to explain the course of events up to the Thatcher years, the miner's strike and the Employment Acts. The growth of white-collar unionism and the extension of women's rights are dealt with in the concluding chapters.
First published in 1941. This purpose of this history of the earlier phases of the political Labour movement was due to the author’s belief that there was a need for a positive effort to re-create the legion of inspired and untiring propagandists for Socialism whose work made the Labour Party possible. This title will be of interest to scholars and students of history and politics.
Vols. 65-96 include "Central law journal's international law list."
An engrossing history, Fish, Law, and Colonialism recounts the human conflict over fish and fishing in British Columbia and of how that conflict was shaped by law. Pacific salmon fisheries, owned and managed by Aboriginal peoples, were transformed in the late nineteenth and early twentieth centuries by commercial and sport fisheries backed by the Canadian state and its law. Through detailed case studies of the conflicts over fish weirs on the Cowichan and Babine rivers, Douglas Harris describes the evolving legal apparatus that dispossessed Aboriginal peoples of their fisheries. Building upon themes developed in literatures on state law and local custom, and law and colonialism, he examines the contested nature of the colonial encounter on the scale of a river. In doing so, Harris reveals the many divisions both within and between government departments, local settler societies, and Aboriginal communities. Drawing on government records, statute books, case reports, newspapers, missionary papers and a secondary anthropological literature to explore the roots of the continuing conflict over the salmon fishery, Harris has produced a superb, and timely, legal and historical study of law as contested terrain in the legal capture of Aboriginal salmon fisheries in British Columbia.