The unfolding of American labor law
Subtitle: judges, workers, and public policy across two political generations, 1790-1850
By: Jeffrey Steven Kahana
Series: Law and society : recent scholarship; Law and society (New York, N.Y.)
Publisher: LFB Scholarly Publishing LLC
Published: 2014
Language: eng
Number of pages: 376
ISBN-13: 9781593325800
Subjects: Labor laws and legislation; Labor movement; History
Description: "In this book I argue that, contrary to Orren's claim, there existed no "master-servant regime" rooted in "feudal institutions." Nor do 1 find appreciable support in the early republic for Tomlins's proposed judicial usurpation of the democratic process through the artful adoption of English common law precedents. In my view it is possible to see that judges and legal commentators were using the law to address a new set of conditions in early America. They had to deal with an increasingly mobile and restless white workforce, the rise of coercive labor unions, and the advent of new technologies and labor practices. In the process, they embraced voluntaristic principles of social organization (contractualism) and regulatory values (the interests of the community)". -- INTRODUCTION.
Notes: Includes bibliographical references (pages 315-354) and index.
Table of contents: title: The influence of independence on American law; title: Master and servant; title: Regulating the employment relationship; title: Conspiracy, associations, and the public interest; title: Imperium in imperio; title: The significance of Lemuel Shaw; title: A world of freedom and associations; title: Liability transformed; title: The fellow servant rule; title: The demise of the labor conspiracy doctrine; title: The breakaway of American labor law.