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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: Richard Huzzey
Publisher: Cornell University Press
ISBN: 0801465370
Category : History
Languages : en
Pages : 320
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Book Description
After Britain abolished slavery throughout most of its empire in 1834, Victorians adopted a creed of "anti-slavery" as a vital part of their national identity and sense of moral superiority to other civilizations. The British government used diplomacy, pressure, and violence to suppress the slave trade, while the Royal Navy enforced abolition worldwide and an anxious public debated the true responsibilities of an anti-slavery nation. This crusade was far from altruistic or compassionate, but Richard Huzzey argues that it forged national debates and political culture long after the famous abolitionist campaigns of William Wilberforce and Thomas Clarkson had faded into memory. These anti-slavery passions shaped racist and imperialist prejudices, new forms of coerced labor, and the expansion of colonial possessions.In a sweeping narrative that spans the globe, Freedom Burning explores the intersection of philanthropic, imperial, and economic interests that underlay Britain's anti-slavery zeal— from London to Liberia, the Sudan to South Africa, Canada to the Caribbean, and the British East India Company to the Confederate States of America. Through careful attention to popular culture, official records, and private papers, Huzzey rewrites the history of the British Empire and a century-long effort to end the global trade in human lives.
Author: Christopher Frank
Publisher: Routledge
ISBN: 1317099583
Category : History
Languages : en
Pages : 294
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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: Dr Christopher Frank
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409480666
Category : History
Languages : en
Pages : 298
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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 history, Chartist scholarship and to the social history of the nineteenth century more broadly.
Author: Douglas Hay
Publisher: Oxford ; Toronto : Oxford University Press
ISBN: 9780192891945
Category : History
Languages : en
Pages : 253
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Book Description
The period from 1688-1820 was marked throughout with riots and rebellions, seditions and strikes, as the lower classes rebelled against the state bias towards the interests of higher social groups. Drawing on recent work on demography, labor, and law, this readable history of the period focuses on the experience of the eighty percent of the population who made up England's "lower orders." Hay and Rogers provide fresh insights into food shortages, changes in poor relief, use of the criminal law, and the shifts in social power caused by industrialization that would bring about the birth of working-class radicalism.
Author: Nancy Christie
Publisher: Oxford University Press
ISBN: 0192592750
Category : History
Languages : en
Pages : 638
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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.
