Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955
Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955

Author: Douglas Hay

Publisher: Univ of North Carolina Press

Published: 2005-10-12

Total Pages: 607

ISBN-13: 0807875864

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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

Master and Servant Law
Master and Servant Law

Author: Christopher Frank

Publisher: Routledge

Published: 2016-05-06

Total Pages: 294

ISBN-13: 1317099583

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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

Master and Servant Law
Master and Servant Law

Author: Dr Christopher Frank

Publisher: Ashgate Publishing, Ltd.

Published: 2013-06-28

Total Pages: 298

ISBN-13: 1409480666

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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.

Enhancing Capabilities through Labour Law
Enhancing Capabilities through Labour Law

Author: Supriya Routh

Publisher: Routledge

Published: 2014-03-26

Total Pages: 351

ISBN-13: 1317910664

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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.

Master and Servant
Master and Servant

Author: Carolyn Steedman

Publisher: Cambridge University Press

Published: 2007-07-12

Total Pages: 27

ISBN-13: 1139464973

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Leading historian Carolyn Steedman offers a fascinating and compelling account of love, life and domestic service in eighteenth-century England. This book, situated in the regional and chronological epicentre of E. P. Thompson's The Making of the English Working Class and Emily Bronte's Wuthering Heights, focuses on the relationship between a Church of England clergyman (the Master of the title) and his pregnant maidservant in the late eighteenth century. This case-study of people behaving in ways quite contrary to the standard historical account sheds new light on the much wider historical questions of Anglicanism as social thought, the economic history of the industrial revolution, domestic service, the poor law, literacy, education, and the very making of the English working class. It offers a unique meditation on the relationship between history and literature and will be of interest to scholars and students of industrial England, social and cultural history and English literature.

Constructing the Family
Constructing the Family

Author: Luke Taylor

Publisher: University of Toronto Press

Published: 2022-11-01

Total Pages: 358

ISBN-13: 1487544944

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In nineteenth-century England, legal conceptions of work and family changed in fundamental ways. Notably, significant legal moves came into play that changed the legal understanding of the family. Constructing the Family examines the evolution of the legal-discursive framework governing work and family relations. Luke Taylor considers the intersecting intellectual and institutional forces that contributed to the dissolution of the household, the establishment of separate spheres of work and family, and the emergence of modern legal and social ideas concerning work and family. He shows how specific legal-institutional moves contributed to the creation of the family’s categorical status in the social and legal order and a distinct and exceptional body of rules – Family Law – for its governance. Shedding light on the historical processes that contributed to the emergence of English Family Law, Constructing the Family shows how work and family became separate regulatory domains, and in so doing reveals the contingent nature of the modern legal family.

Law and Government in England during the Long Eighteenth Century
Law and Government in England during the Long Eighteenth Century

Author: D. Lemmings

Publisher: Springer

Published: 2011-10-28

Total Pages: 280

ISBN-13: 0230354408

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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.

Accommodating Poverty
Accommodating Poverty

Author: J. McEwan

Publisher: Springer

Published: 2010-12-08

Total Pages: 304

ISBN-13: 0230304702

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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.

Global Histories of Work
Global Histories of Work

Author: Andreas Eckert

Publisher: Walter de Gruyter GmbH & Co KG

Published: 2016-09-12

Total Pages: 359

ISBN-13: 3110434466

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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.

Apportionment in Private Law
Apportionment in Private Law

Author: Kit Barker

Publisher: Bloomsbury Publishing

Published: 2018-12-13

Total Pages: 387

ISBN-13: 1509917519

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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.