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Author: Douglas Hay
Publisher: Univ of North Carolina Press
ISBN: 0807875864
Category : Law
Languages : en
Pages : 607
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Book Description
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
Author: Douglas Hay
Publisher: Univ of North Carolina Press
ISBN: 0807875864
Category : Law
Languages : en
Pages : 607
Get Book Here
Book Description
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
Author: Christopher Frank
Publisher: Routledge
ISBN: 1317099575
Category : History
Languages : en
Pages : 329
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Book Description
In recent years, social and legal historians have called into question the degree to which the labour that fuelled and sustained industrialization in England was actually ’free’. The corpus of statutes known as master and servant law has been a focal point of interest: throughout the eighteenth and nineteenth centuries, at the behest of employers, mine owners, and manufacturers, Parliament regularly supplemented and updated the provisions of these statutes with new legislation which contained increasingly harsh sanctions for workers who left work, performed it poorly, or committed acts of misbehaviour. The statutes were characterized by a double standard of sanctions, which treated workers’ breach of contract as a criminal offence, but offered only civil remedies for the broken promises of employers. Surprisingly little scholarship has looked into resistance to the Master and Servant laws. 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. By bringing together historical narratives that are all too frequently examined in isolation, Christopher Frank is able to draw new conclusions about the development of the English legal system, trade unionism and popular politics of the period. The author demonstrates how the use of imprisonment for breach of a labour contract under master and servant law, and its enforcement by local magistrates, played a significant role in shaping labour markets, disciplining workers and combating industrial action in many regions of England and Wales, and further into the British Empire. By combining social and legal history the book reveals the complex relationship between parliamentary legislation, its interpretation by the high courts, and its enforcement by local officials. This work marks an important contribution to legal
Author: Supriya Routh
Publisher: Routledge
ISBN: 1317910672
Category : Business & Economics
Languages : en
Pages : 302
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Book Description
In 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards. This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen’s theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries. This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.
Author: Nancy Christie
Publisher: Oxford University Press
ISBN: 0192592742
Category : History
Languages : en
Pages : 447
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Book Description
Nancy Christie innovatively and significantly transforms the writing of Quebec history between 1763 and 1837 by locating Quebec within new British practices of imperial governance asserted in the wake of the Seven Years War. Breaking with the conventional master-narrative of the era as one of gradual integration between French- and English-speaking communities, accompanied by incremental political and social liberalization, Nancy Christie presents the six decades following the Conquest as a period of assertive British strategies for assimilating Quebec's French and Catholic majority, and refurbished authoritarianism deployed to arrest the spread of revolution in the Atlantic world. Brilliantly advanced, this new narrative of post-Conquest Quebec builds upon entirely new research meticulously gleaned from over 20,000 cases from the criminal and civil judicial archives and a sustained examination of both official and unofficial political and social discourses. This study charts both the British practices of colonial rule, which sought the assimilation of non-British 'others' through both formal modes of law and governance, and the consumption of British manufactured goods, and the contestation of these through the daily resistance of ordinary men and women. In so doing, Christie identifies Quebec as a case study with which to open a new trajectory in the wider study of the British Empire. Her striking conclusion urges a shift in historical focus from the interaction between European colonizers and racialized others, to the centrality of practices of rule designed to govern European subaltern peoples.
Author: J. McEwan
Publisher: Springer
ISBN: 0230304702
Category : History
Languages : en
Pages : 304
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Book Description
This book offers a detailed examination of the living arrangements and material circumstances of the poor betweeen 1650 and 1850. Chapters investigate poor households in urban, rural and metropolitan contexts, and contribute to wider investigations into British economic and social conditions in the long Eighteenth century.
Author: Andreas Eckert
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110434466
Category : History
Languages : en
Pages : 359
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Book Description
Global Histories of Work is the first title in the new series "Work in Global and Historical Perspective". This collection of selected articles written by leading scholars in different disciplines provides both an introduction and numerous insights into themes, debates and methods of Global Labour History as they have been developed over the last years. The contributions to the volume discuss crucial historiographical developments; present different professions that have gained new attention in the context of an emerging Global Labour History; critically engage the boundaries of "free" labour and the ambiguities contained in this concept; and take up and historicize current debates about "informal labour". Global Histories of Work will familiarize readers with a burgeoning fi eld of high academic, social, and political relevance.
Author: D. Lemmings
Publisher: Springer
ISBN: 0230354408
Category : Political Science
Languages : en
Pages : 280
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Book Description
Over the long eighteenth century English governance was transformed by large adjustments to the legal instruments and processes of power. This book documents and analyzes these shifts and focuses upon the changing relations between legal authority and the English people.
Author: Kit Barker
Publisher: Bloomsbury Publishing
ISBN: 1509917519
Category : Law
Languages : en
Pages : 387
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Book Description
This collection of essays investigates the way in which modern private law apportions responsibility between multiple parties who are (or may be) responsible for the same legal event. It examines both doctrines and principles that share responsibility between plaintiffs and defendants, on the one hand, and between multiple defendants, on the other. The doctrines examined include those 'originating' doctrines which operate to create shared liabilities in the first place (such as vicarious and accessorial liability); and, more centrally, those doctrines that operate to distribute the liabilities and responsibilities so created. These include the doctrine of contributory (comparative) negligence, joint and several (solidary) liability, contribution, reimbursement, and 'proportionate' liability, as well as defences and principles of equitable 'allowance' that permit both losses and gains to be shared between parties to civil proceedings. The work also considers the principles which apportion liability between multiple defendants and insurers in cases in which the cause, or timing, of a particular loss is hard to determine. The contributions to this volume offer important perspectives on the law in the UK, USA, Canada, Australia and New Zealand, as well as a number of civilian jurisdictions. They explicate the main rules and trends and offer critical insights on the growth and distribution of shared responsibilities from a number of different perspectives – historical, comparative, empirical, doctrinal and philosophical.
Author: Brodie Waddell
Publisher: Boydell Press
ISBN: 184383779X
Category : Business & Economics
Languages : en
Pages : 290
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Book Description
An analysis of later Stuart economic culture that contributes significantly to our understanding of early modern society. The English economy underwent profound changes in the seventeenth and eighteenth centuries, yet the worldly affairs of ordinary people continued to be shaped as much by traditional ideals and moral codes as by material conditions.This book explores the economic implications of many of the era's key concepts, including Christian stewardship, divine providence, patriarchal power, paternal duty, local community, and collective identity. Brodie Waddell drawson a wide range of contemporary sources - from ballads and pamphlets to pauper petitions and guild regulations - to show that such ideas pervaded every aspect of social and economic relations during this crucial period. Previous discussions of English economic life have tended to ignore or dismiss the influence of cultural factors. By contrast, Waddell argues that popular beliefs about divine will, social duty and communal bonds remained the frame through which most people viewed vital 'earthly' concerns such as food marketing, labour relations, trade policy, poor relief, and many others. This innovative study, demonstrating both the vibrancy and the diversity of the 'moral economies' of the later Stuart period, represents a significant contribution to our understanding of early modern society. It will be essential reading for all early modern British economic and cultural historians. BrodieWaddell is Leverhulme Early Career Fellow at the University of Cambridge. He has published on preaching, local government, the landscape and other aspects of early modern society.
Author: Katrina Honeyman
Publisher: Routledge
ISBN: 1317167929
Category : History
Languages : en
Pages : 371
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Book Description
The purpose of this collection is to bring together representative examples of the most recent work that is taking an understanding of children and childhood in new directions. The two key overarching themes are diversity: social, economic, geographical, and cultural; and agency: the need to see children in industrial England as participants - even protagonists - in the process of historical change, not simply as passive recipients or victims. Contributors address such crucial subjects as the varied experience of work; poverty and apprenticeship; institutional care; the political voice of children; child sexual abuse; and children and education. This volume, therefore, includes some of the best, innovative work on the history of children and childhood currently being written by both younger and established scholars.
