Private Law and Social Inequality in the Industrial Age PDF Download
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Author: Willibald Steinmetz (historien).)
Publisher: OUP Oxford
ISBN:
Category : History
Languages : en
Pages : 590
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Book Description
A promise of equality inherited from revolutionary declarations of rights, enlightened law codes, and constitutions stood at the beginning of the industrial age. Conflicts were inevitable when in reality the law continued to be used, as ever, mostly in support of the rich and powerful. The essays assembled here explore how private law helped to maintain, change, or upset inequalities that were common to all industrialized countries. The book deals with relations between lords and peasants, husbands and wives, masters and servants, landlords and tenants, and producers and consumers. While law-and-society histories have become a growth industry in recent years, most studies in this field tend to be limited by national and disciplinary boundaries. This volume goes beyond such boundaries by comparing legal cultures in Britain, Germany, France, and the United States. Taking analogous, although not necessarily simultaneous, conflicts as a starting point, the essays offer new insights into different attitudes towards the law and different paths of juridification. The book thus enables historians, lawyers, and social scientists to view the history of their own legal culture in the light of others.
Author: Willibald Steinmetz (historien).)
Publisher: OUP Oxford
ISBN:
Category : History
Languages : en
Pages : 590
Get Book Here
Book Description
A promise of equality inherited from revolutionary declarations of rights, enlightened law codes, and constitutions stood at the beginning of the industrial age. Conflicts were inevitable when in reality the law continued to be used, as ever, mostly in support of the rich and powerful. The essays assembled here explore how private law helped to maintain, change, or upset inequalities that were common to all industrialized countries. The book deals with relations between lords and peasants, husbands and wives, masters and servants, landlords and tenants, and producers and consumers. While law-and-society histories have become a growth industry in recent years, most studies in this field tend to be limited by national and disciplinary boundaries. This volume goes beyond such boundaries by comparing legal cultures in Britain, Germany, France, and the United States. Taking analogous, although not necessarily simultaneous, conflicts as a starting point, the essays offer new insights into different attitudes towards the law and different paths of juridification. The book thus enables historians, lawyers, and social scientists to view the history of their own legal culture in the light of others.
Author: Paul Blyton
Publisher: SAGE
ISBN: 1473971721
Category : Business & Economics
Languages : en
Pages : 958
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Book Description
This handbook is an indispensable teaching, research and reference guide for anyone interested in issues of labour and employment. The editors have assembled a top-flight group of authors and the end-product is an encompassing state-of-the-art review of the industrial relations field′ - Professor Bruce E Kaufman, AYSPS, Georgia State University ′This Handbook will quickly become the standard reference in industrial relations research. It provides the most comprehensive and challenging presentation of the key theoretical debates and topics of research that will shape our field well into the 21st century. All who wish to contribute to this field will need to read this volume and then build on what these authors have to say′ - Professor Thomas A. Kochan, MIT Institute for Work and Employment Research ′This authoritative panorama of the field demonstrates the contemporary vitality, breadth and critical depth of industrial relations scholarship and research. Thirty-four stimulating essays, by an international blend of leading academics, expertly review the analytical and empirical state of play across all aspects of industrial relations enquiry. In doing so, a rich agenda for further scholarly endeavour emerges′ - Paul Marginson, University of Warwick Over the last two decades, a number of factors have converged to produce a major rethink about the field of Industrial Relations. Globalization, the decline of trade unions, the spread of high performance work systems and the emergence of a more feminized, flexible work-force have opened new avenues of inquiry. The SAGE Handbook of Industrial Relations charts these changes and analyzes them. It provides a systematic, comprehensive survey of the field. The book is organized into four interrelated sections: " Theorizing Industrial Relations " The changing institutions that shape employment practice " The processes used by governments, employers and unions " Income inequality, employee wellbeing, business performance and national comparative advantages The result is a work of unprecedented scope and unparalleled ambition. It offers a compete guide to the central debates, new developments and emerging themes in the field. It will quickly be recognized as the indispensable reference for Teachers, Students and Researchers. It is relevant to economists, lawyers, sociologists, business and management researchers and Industrial Relations specialists.
Author: Donal Nolan
Publisher: Bloomsbury Publishing
ISBN: 1847318525
Category : Law
Languages : en
Pages : 682
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Book Description
In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
Author: H. W. Micklitz
Publisher: Edward Elgar Publishing
ISBN: 0857935895
Category : Law
Languages : en
Pages : 489
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Book Description
'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.
Author: Katharina Pistor
Publisher: Princeton University Press
ISBN: 0691208603
Category : Business & Economics
Languages : en
Pages : 315
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Book Description
"Capital is the defining feature of modern economies, yet most people have no idea where it actually comes from. What is it, exactly, that transforms mere wealth into an asset that automatically creates more wealth? The Code of Capital explains how capital is created behind closed doors in the offices of private attorneys, and why this little-known fact is one of the biggest reasons for the widening wealth gap between the holders of capital and everybody else. In this revealing book, Katharina Pistor argues that the law selectively "codes" certain assets, endowing them with the capacity to protect and produce private wealth. With the right legal coding, any object, claim, or idea can be turned into capital - and lawyers are the keepers of the code. Pistor describes how they pick and choose among different legal systems and legal devices for the ones that best serve their clients' needs, and how techniques that were first perfected centuries ago to code landholdings as capital are being used today to code stocks, bonds, ideas, and even expectations--assets that exist only in law. A powerful new way of thinking about one of the most pernicious problems of our time, The Code of Capital explores the different ways that debt, complex financial products, and other assets are coded to give financial advantage to their holders. This provocative book paints a troubling portrait of the pervasive global nature of the code, the people who shape it, and the governments that enforce it."--Provided by publisher.
Author: Tilmann Röder
Publisher: Martinus Nijhoff Publishers
ISBN: 900421237X
Category : Law
Languages : en
Pages : 369
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Book Description
Around 1900, standard contracts and clauses spread throughout international industries such as transport, insurance and finance. The "earthquake clause", which was globally introduced by reinsurers after the 1906 San Francisco catastrophe, exemplifies this paradigmatic change of the law.
Author: Simon Deakin
Publisher: Bloomsbury Publishing
ISBN: 1847315216
Category : Law
Languages : en
Pages : 182
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Book Description
One of the principal tasks for legal research at the beginning of the 21st century is to reconstruct the understanding of the relationship between the legal system and the market order. After almost three decades of deregulation driven by a belief in the self-equilibrating properties of the market, the financial crisis of 2008 has reminded everyone of the fundamental truth that markets have legal and institutional foundations, without which they cannot effectively function. The chapters in the present volume are the result of work by a group of legal scholars which began in the mid-2000s, at a time when the shortcomings of deregulatory policies were becoming clear in a number of contexts. The chapters address the question of how the language of contract law describes or conceptualises the market order and the relationship of the law to it. The perspectives taken are, in turn, historical, comparative, and context-specific. The focus of the book is on a foundational idea, the concept of capacitas, which signifies a status conferred upon citizens for the purpose of enabling them to participate in the economic life of the polity. In modern legal systems, 'capacity' is the principal juridical mechanism by which individuals and entities are empowered to enter into legally binding agreements and, more generally, to arrange their affairs using the instruments of private law. Legal capacity is thereby the gateway to involvement in the operations of a market economy.
Author: Professor Susan Broomhall
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472400666
Category : History
Languages : en
Pages : 537
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Book Description
Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into summary justice in Scottish towns, c.1800 to 1892. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles.
Author: David G. Barrie
Publisher: Routledge
ISBN: 1317079272
Category : History
Languages : en
Pages : 534
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Book Description
Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, with the subtitle Boundaries, Behaviours and Bodies, explores, through themed case studies, how police courts shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures.
Author: David G. Barrie
Publisher: Taylor & Francis
ISBN: 1000807703
Category : History
Languages : en
Pages : 831
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Book Description
Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, subtitled Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, subtitled Boundaries, Behaviours and Bodies, examines, through themed case studies, how these civic and judicial institutions shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures. As with Volume 1, Boundaries, Behaviours and Bodies is attentive to the relationship between magistrates, the police, the media and the wider community, but here the main focus of analysis is on the role and impact of the police courts, through their practice, on cultural ideas, social behaviours and environments in the nineteenth-century city.
