This book presents a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. It is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people.
Annotation This book is a history of housework in the United States prior to the Civil War. More particularly, it is a history of women's unpaid domestic labour in the context of the emergence of an industrialized society in the northern United States.
Freedom Bound is about the origins of modern America - a history of colonizing, work and civic identity from the beginnings of English presence on the mainland until the Civil War. It is a history of migrants and migrations, of colonizers and colonized, of households and servitude and slavery, and of the freedom all craved and some found. Above all it is a history of the law that framed the entire process. Freedom Bound tells how colonies were planted in occupied territories, how they were populated with migrants - free and unfree - to do the work of colonizing and how the newcomers secured possession. It tells of the new civic lives that seemed possible in new commonwealths and of the constraints that kept many from enjoying them. It follows the story long past the end of the eighteenth century until the American Civil War, when - just for a moment - it seemed that freedom might finally be unbound.
In Mere Equals, Lucia McMahon narrates a story about how a generation of young women who enjoyed access to new educational opportunities made sense of their individual and social identities in an American nation marked by stark political inequality between the sexes. McMahon's archival research into the private documents of middling and well-to-do Americans in northern states illuminates educated women's experiences with particular life stages and relationship arcs: friendship, family, courtship, marriage, and motherhood. In their personal and social relationships, educated women attempted to live as the "mere equals" of men. Their often frustrated efforts reveal how early national Americans grappled with the competing issues of women's intellectual equality and sexual difference. In the new nation, a pioneering society, pushing westward and unmooring itself from established institutions, often enlisted women's labor outside the home and in areas that we would deem public. Yet, as a matter of law, women lacked most rights of citizenship and this subordination was authorized by an ideology of sexual difference. What women and men said about education, how they valued it, and how they used it to place themselves and others within social hierarchies is a highly useful way to understand the ongoing negotiation between equality and difference. In public documents, "difference" overwhelmed "equality," because the formal exclusion of women from political activity and from economic parity required justification. McMahon tracks the ways in which this public disparity took hold in private communications. By the 1830s, separate and gendered spheres were firmly in place. This was the social and political heritage with which women's rights activists would contend for the rest of the century.
The global financial crisis and recession have placed great strains on the free market ideology that has emphasized economic objectives and unregulated markets. The balance of economic and noneconomic goals is under the microscope in every sector of the economy. It is time to re-think the objectives of the employment relationship and the underlying assumptions of how that relationship operates. Invisible Hands, Invisible Objectives develops a fresh, holistic framework to fundamentally reexamine U.S. workplace regulation. A new scorecard for workplace law and public policy that embraces equity and voice for employees and economic efficiency will reveals significant deficiencies in our current practices. To create one, the authors—a legal scholar and an economics and industrial relations scholar—blend their expertise to propose a comprehensive set of reforms, tackling such issues as regulatory enforcement, portable employee benefits, training programs, living wages, workplace safety and health, work-family balance, security and social safety nets, nondiscrimination, good-cause dismissal, balanced income distributions, free speech protections for employees, individual and collective workplace decision-making, and labor unions. Invisible Hands, Invisible Objectives is not just another book that sketches a reform agenda. The book provides the much-needed rubric for how we think about employment policy specifically, but also economic policy more generally. It is a must-read in these most critical times.
Throughout recorded history, labor to produce goods and services has been a central concern of society, and questions surrounding the terms of labor—the arrangements under which labor is made to produce and to divide its product with others—are of great significance for understanding the past and the emergence of the modern world. For long periods, much of the world’s labor could be considered under the coercive control of systems of slavery or of serfdom, with relatively few workers laboring under terms of freedom, however defined. Slavery and serfdom were systems that controlled not only the terms of labor, but also the more general issues of political freedom. The nine chapters in this volume deal with the general issues of the causes and consequences of the rise of so-called free labor in Europe, the United States, and the Caribbean over the past four to five centuries, and point to the many complications and paradoxical aspects of this change. The topics covered are European beliefs that rejected the enslavement of other Europeans but permitted the slavery of Africans (David Eltis), British abolitionism and the impact of emancipation in the British West Indies (Seymour Drescher), the consequences of the end of Russian serfdom (Peter Kolchin), the definition and nature of free labor as seen by nineteenth-century American workers (Leon Fink), the effects of changing legal and economic concepts of free labor (Robert J. Steinfeld), the antebellum American use of the metaphor of slavery (David Roediger), female dependent labor in the aftermath of American emancipation (Amy Dru Stanley), the contrast between individual and group actions in attempting to benefit individual laborers (David Brody), and the link between arguments concerning free labor and the actual outcomes for laborers in nineteenth-century America (Clayne Pope).
An in-depth political, legal, and philosophical study into the implications of wealth inequality in modern societies. Wealth, and specifically its distribution, has been a topic of great debate in recent years. Calls for justice against corporations implicated in the 2008 financial crash; populist rallying against “the one percent”; distrust of the influence of wealthy donors on elections and policy—all of these issues have their roots in a larger discussion of how wealth operates in American economic and political life. In Wealth a distinguished interdisciplinary group of scholars in political science, law and philosophy address the complex set of questions that relate to economic wealth and its implications for social and political life in modern societies. The volume thus brings together a range of perspectives on wealth, inequality, capitalism, oligarchy, and democracy. The essays also cover a number of more specific topics including limitarianism, US Constitutional history, the wealth defense industry, slavery, and tax policy. Wealth offers analysis and prescription including original assessment of existing forms of economic wealth and creative policy responses for the negative implications of wealth inequality. Economic wealth and its distribution is a pressing issue and this latest installment in the NOMOS series offers new and thought provoking insights.
A concise history of labor and work in America from the birth of the Republic to the Industrial Age and beyond From the days of Thomas Jefferson, Americans believed that they could sustain a capitalist industrial economy without the class conflict or negative socioeconomic consequences experienced in Europe. This dream came crashing down in 1877 when the Great Strike, one of the most militant labor disputes in US history, convulsed the nation’s railroads. In The Dawning of American Labor a leading scholar of American labor history draws upon first-hand accounts and the latest scholarship to offer a fascinating look at how Americans perceived and adapted to the shift from a largely agrarian economy to one dominated by manufacturing. For the generations following the Great Strike, “the Labor Problem” and the idea of class relations became a critical issue facing the nation. As Professor Greenberg makes clear in this lively, highly accessible historical exploration, the 1877 strike forever cast a shadow across one of the most deeply rooted articles of national faith—the belief in American exceptionalism. What conditions produced the faith in a classless society? What went wrong? These questions lie at the heart of The Dawning of American Labor. Provides a concise, comprehensive, and completely up-to-date synthesis of the latest scholarship on the early development of industrialization in the United States Considers how working people reacted, both in the workplace and in their communities, as the nation’s economy made its shift from an agrarian to an industrial base Includes a formal Bibliographical Essay—a handy tool for student research Works as a stand-alone text or an ideal supplement to core curricula in US History, US Labor, and 19th-Century America Accessible introductory text for students in American history classes and beyond, The Dawning of American Labor is an excellent introduction to the history of labor in the United States for students and general readers of history alike.
Once a fundamental civic right, strikes are now constrained and contested. In an unusual and thought-provoking history, Josiah Bartlett Lambert shows how the ability to strike was transformed from a fundamental right that made the citizenship of working people possible into a conditional and commercialized function. Arguing that the executive branch, rather than the judicial branch, was initially responsible for the shift in attitudes about the necessity for strikes and that the rise of liberalism has contributed to the erosion of strikers' rights, Lambert analyzes this transformation in relation to American political thought. His narrative begins before the Civil War and takes the reader through the permanent striker replacement issue and the alienation of workplace-based collective action from community-based collective action during the 1960s. "If the Workers Took a Notion" maps the connections among American political development, labor politics, and citizenship to support the claim that the right to strike ought to be a citizenship right and once was regarded as such. Lambert argues throughout that the right to strike must be protected. He challenges the current "law turn" in labor scholarship and takes into account the role of party alliances, administrative agencies, the military, and the rise of modern presidential powers.
