Mark Curthoys
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199268894
- eISBN:
- 9780191708466
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268894.001.0001
- Subject:
- History, British and Irish Modern History
This is a study of how mid-Victorian Britain and its specialist advisers, in an age of free trade and the minimal state, attempted to create a viable legal framework for trade unions and strikes. It ...
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This is a study of how mid-Victorian Britain and its specialist advisers, in an age of free trade and the minimal state, attempted to create a viable legal framework for trade unions and strikes. It traces the collapse, in the face of judicial interventions, of the regime for collective labour devised by the Liberal Tories in the 1820s, following the repeal of the Combination Acts. The new arrangements enacted in the 1870s allowed collective labour unparalleled freedoms, contended by the newly-founded Trades Union Congress. This book seeks to reinstate the view from government into an account of how the settlement was brought about, tracing the emergence of an official view — largely independent of external pressure — which favoured withdrawing the criminal law from peaceful industrial relations and allowing a virtually unrestricted freedom to combine. It reviews the impact upon the Home Office's specialist advisers of contemporary intellectual trends, such as the assaults upon classical and political economy and the historicised critiques of labour law developed by Liberal writers. The book offers an historical context for the major court decisions affecting the security of trade union funds, and the freedom to strike, while the views of the judges are integrated within the terms of a wider debate between proponents of contending views of ‘free trade’ and ‘free labour’. New evidence sheds light on the considerations which impelled governments to grant trade unions a distinctive form of legal existence, and to protect strikers from the criminal law.Less
This is a study of how mid-Victorian Britain and its specialist advisers, in an age of free trade and the minimal state, attempted to create a viable legal framework for trade unions and strikes. It traces the collapse, in the face of judicial interventions, of the regime for collective labour devised by the Liberal Tories in the 1820s, following the repeal of the Combination Acts. The new arrangements enacted in the 1870s allowed collective labour unparalleled freedoms, contended by the newly-founded Trades Union Congress. This book seeks to reinstate the view from government into an account of how the settlement was brought about, tracing the emergence of an official view — largely independent of external pressure — which favoured withdrawing the criminal law from peaceful industrial relations and allowing a virtually unrestricted freedom to combine. It reviews the impact upon the Home Office's specialist advisers of contemporary intellectual trends, such as the assaults upon classical and political economy and the historicised critiques of labour law developed by Liberal writers. The book offers an historical context for the major court decisions affecting the security of trade union funds, and the freedom to strike, while the views of the judges are integrated within the terms of a wider debate between proponents of contending views of ‘free trade’ and ‘free labour’. New evidence sheds light on the considerations which impelled governments to grant trade unions a distinctive form of legal existence, and to protect strikers from the criminal law.
Takashi Araki
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780199563630
- eISBN:
- 9780191721359
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199563630.003.0008
- Subject:
- Business and Management, Corporate Governance and Accountability, HRM / IR
Japan's stakeholder model of corporate governance is upheld by customary practice rather than law. This chapter considers whether changes to practice will lead to fundamental institutional changes ...
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Japan's stakeholder model of corporate governance is upheld by customary practice rather than law. This chapter considers whether changes to practice will lead to fundamental institutional changes which, in turn, might transform the model. Focusing on employment and labor relations, it briefly characterizes the stakeholder model, then reviews recent developments in shareholder ownership and management structures, as well as changes in employment and labor‐management relations, both collective and individual. Finally, it evaluates the impact of changes in practices, legislative developments, and thinking in Japanese corporate society, and outlines some implications for corporate governance from the perspective of labor law. Araki concludes that Japanese society must look for a better balance between shareholder and employee value. Diversity in corporate governance will increase, and competition between the different governance models will take place, not for more profit for shareholders, but for a better balance between shareholder and employee interests.Less
Japan's stakeholder model of corporate governance is upheld by customary practice rather than law. This chapter considers whether changes to practice will lead to fundamental institutional changes which, in turn, might transform the model. Focusing on employment and labor relations, it briefly characterizes the stakeholder model, then reviews recent developments in shareholder ownership and management structures, as well as changes in employment and labor‐management relations, both collective and individual. Finally, it evaluates the impact of changes in practices, legislative developments, and thinking in Japanese corporate society, and outlines some implications for corporate governance from the perspective of labor law. Araki concludes that Japanese society must look for a better balance between shareholder and employee value. Diversity in corporate governance will increase, and competition between the different governance models will take place, not for more profit for shareholders, but for a better balance between shareholder and employee interests.
Adelle Blackett
- Published in print:
- 2011
- Published Online:
- January 2013
- ISBN:
- 9780197264911
- eISBN:
- 9780191754098
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264911.003.0010
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This chapter argues that rethinking the boundaries of labour law must include considering a broad range of public policy measures that not only intersect with labour law, but shape it. In particular, ...
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This chapter argues that rethinking the boundaries of labour law must include considering a broad range of public policy measures that not only intersect with labour law, but shape it. In particular, trade liberalisation and restrictions to the movement of persons influence our understandings of how labour is meant to be regulated. The chapter offers a brief historical framing and a discussion of some of the contemporary empirical literature, to capture employment effects of an asymmetrical liberalisation that has fundamentally called into question the embedded liberal compromise made by industrialised market economies. It argues that efforts to rethink the boundaries of labour law must engage with trade law and immigration law. In the process, it challenges the binary between trade versus aid. It suggests that it is neither acceptable nor strategically wise to resist the movement of persons for work and its development implications; rather it is time to focus carefully on the terms of that movement. Support for a notion of ‘reasonable labour market access for migrant workers’ must be accompanied by a ‘decent work complement’, which might take the form of a ‘reverse’ social clause.Less
This chapter argues that rethinking the boundaries of labour law must include considering a broad range of public policy measures that not only intersect with labour law, but shape it. In particular, trade liberalisation and restrictions to the movement of persons influence our understandings of how labour is meant to be regulated. The chapter offers a brief historical framing and a discussion of some of the contemporary empirical literature, to capture employment effects of an asymmetrical liberalisation that has fundamentally called into question the embedded liberal compromise made by industrialised market economies. It argues that efforts to rethink the boundaries of labour law must engage with trade law and immigration law. In the process, it challenges the binary between trade versus aid. It suggests that it is neither acceptable nor strategically wise to resist the movement of persons for work and its development implications; rather it is time to focus carefully on the terms of that movement. Support for a notion of ‘reasonable labour market access for migrant workers’ must be accompanied by a ‘decent work complement’, which might take the form of a ‘reverse’ social clause.
William Cornish
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0022
- Subject:
- Law, Legal History
This chapter on law and organized labour begins with a discussion of political concession and constraints on labour. It then discusses trade union legislation in the wake of the Royal Commission, ...
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This chapter on law and organized labour begins with a discussion of political concession and constraints on labour. It then discusses trade union legislation in the wake of the Royal Commission, collective bargaining as the aim of labour relations, employment without criminal sanctions, the politics of employment in the 1890s, governance within unions, and legislative support for better conditions.Less
This chapter on law and organized labour begins with a discussion of political concession and constraints on labour. It then discusses trade union legislation in the wake of the Royal Commission, collective bargaining as the aim of labour relations, employment without criminal sanctions, the politics of employment in the 1890s, governance within unions, and legislative support for better conditions.
Deirdre McCann
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199218790
- eISBN:
- 9780191711787
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199218790.001.0001
- Subject:
- Law, Employment Law
The regulation of ‘flexible’ or ‘non-standard’ forms of work is among the key challenges in adapting labour laws to the needs of the contemporary workforce. In recent decades, labour laws have been ...
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The regulation of ‘flexible’ or ‘non-standard’ forms of work is among the key challenges in adapting labour laws to the needs of the contemporary workforce. In recent decades, labour laws have been exposed to be designed around the ‘standard’ model of the full-time permanent employee. In response, efforts have been made to identify techniques of regulating working arrangements that diverge from this paradigm and extend protection to workers engaged in what can be highly precarious forms of work. This book contributes to that endeavour by examining the evolution in the treatment of non-standard workers under United Kingdom labour law. To do this, it focuses on a number of the most prominent of these forms of work, including part-time, fixed-term, casual, and temporary agency work. It examines how the divergence of these working arrangements from the standard model has precluded or tempered the protection of the workers engaged in them. It also evaluates the more recent set of legislative reforms tailored towards enhancing the protection of non-standard workers. The central concern of the book is the articulation of these measures within a policy discourse centred on the need for a flexible labour market. It recognizes that non-standard workers have gained visibility and protection through being recognised as distinct subjects of labour law. It is argued, however, that the regulation of non-standard work within the context of an overarching quest for labour market flexibility has reduced the level of protection afforded to the workers involved.Less
The regulation of ‘flexible’ or ‘non-standard’ forms of work is among the key challenges in adapting labour laws to the needs of the contemporary workforce. In recent decades, labour laws have been exposed to be designed around the ‘standard’ model of the full-time permanent employee. In response, efforts have been made to identify techniques of regulating working arrangements that diverge from this paradigm and extend protection to workers engaged in what can be highly precarious forms of work. This book contributes to that endeavour by examining the evolution in the treatment of non-standard workers under United Kingdom labour law. To do this, it focuses on a number of the most prominent of these forms of work, including part-time, fixed-term, casual, and temporary agency work. It examines how the divergence of these working arrangements from the standard model has precluded or tempered the protection of the workers engaged in them. It also evaluates the more recent set of legislative reforms tailored towards enhancing the protection of non-standard workers. The central concern of the book is the articulation of these measures within a policy discourse centred on the need for a flexible labour market. It recognizes that non-standard workers have gained visibility and protection through being recognised as distinct subjects of labour law. It is argued, however, that the regulation of non-standard work within the context of an overarching quest for labour market flexibility has reduced the level of protection afforded to the workers involved.
Nancy Woloch
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691002590
- eISBN:
- 9781400866366
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691002590.003.0007
- Subject:
- History, American History: 20th Century
This chapter traces the changes in federal and state protective policies from the New Deal through the 1950s. In contrast to the setbacks of the 1920s, the New Deal revived the prospects of ...
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This chapter traces the changes in federal and state protective policies from the New Deal through the 1950s. In contrast to the setbacks of the 1920s, the New Deal revived the prospects of protective laws and of their proponents. The victory of the minimum wage for women workers in federal court in 1937 and the passage in 1938 of the Fair Labor Standards Act (FLSA), which extended labor standards to men, represented a peak of protectionist achievement. This achievement rested firmly on the precedent of single-sex labor laws for which social feminists—led by the NCL—had long campaigned. However, “equal rights” gained momentum in the postwar years, 1945–60. By the start of the 1960s, single-sex protective laws had resumed their role as a focus of contention in the women's movement.Less
This chapter traces the changes in federal and state protective policies from the New Deal through the 1950s. In contrast to the setbacks of the 1920s, the New Deal revived the prospects of protective laws and of their proponents. The victory of the minimum wage for women workers in federal court in 1937 and the passage in 1938 of the Fair Labor Standards Act (FLSA), which extended labor standards to men, represented a peak of protectionist achievement. This achievement rested firmly on the precedent of single-sex labor laws for which social feminists—led by the NCL—had long campaigned. However, “equal rights” gained momentum in the postwar years, 1945–60. By the start of the 1960s, single-sex protective laws had resumed their role as a focus of contention in the women's movement.
Nancy Woloch
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691002590
- eISBN:
- 9781400866366
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691002590.003.0002
- Subject:
- History, American History: 20th Century
This chapter describes the context in which the Progressive campaign for protective laws arose, assessing reformers' rationales and the oppositions they faced. Passage of the 1893 Illinois law marked ...
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This chapter describes the context in which the Progressive campaign for protective laws arose, assessing reformers' rationales and the oppositions they faced. Passage of the 1893 Illinois law marked the start of the Progressive Era campaign for protective labor laws. Through law, reformers hoped to impose standards on factories and improve the lives of industrial workers. Resistance to laws that affected men—from courts, legislators, unions, and public opinion—made protective laws for women and children imperative; reformers hoped that they would provide precedents for more “general” laws. Thus, single-sex laws became a crucial link in protectionist plans. The campaign for protective laws involved a range of supporters but rested largely on a dynamic organization, the National Consumers' League (NCL), and its determined leader, Florence Kelley (1859–1932), and the small group of activists that shaped its development.Less
This chapter describes the context in which the Progressive campaign for protective laws arose, assessing reformers' rationales and the oppositions they faced. Passage of the 1893 Illinois law marked the start of the Progressive Era campaign for protective labor laws. Through law, reformers hoped to impose standards on factories and improve the lives of industrial workers. Resistance to laws that affected men—from courts, legislators, unions, and public opinion—made protective laws for women and children imperative; reformers hoped that they would provide precedents for more “general” laws. Thus, single-sex laws became a crucial link in protectionist plans. The campaign for protective laws involved a range of supporters but rested largely on a dynamic organization, the National Consumers' League (NCL), and its determined leader, Florence Kelley (1859–1932), and the small group of activists that shaped its development.
William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.001.0001
- Subject:
- Law, Legal History
The Oxford History of the Laws of England: Volume XIII 1820-1914 Fields of Development is one of three volumes devoted to that period of relative peace across Europe running from the ...
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The Oxford History of the Laws of England: Volume XIII 1820-1914 Fields of Development is one of three volumes devoted to that period of relative peace across Europe running from the defeat of Napoleon to the terrible war against the two Kaisers. Volume XIII takes up five subject areas — some primarily public in orientation, some private, some increasingly mixed — where, between 1820 and 1914, any original clay was substantially remoulded. The volume covers the criminal law and its techniques of detection, prosecution, and punishment; provisions for social aid in accordance with the earnest moral endeavour of Victorian thought and action; family law as it came to apply both to the interests of the propertied classes and the great body of people supported by manual labour; labour law as it faced class conflict through the demands and actions of employers and trade unions; and the development of conceptions that would protect individuals against external intrusions upon their personal lives and allow them exclusive control over the results of their intellectual endeavours. Detailed footnoting to historical sources and literature occurs in the course of the narrative. Each volume has tables of cases and of statutes covering the materials in that volume.Less
The Oxford History of the Laws of England: Volume XIII 1820-1914 Fields of Development is one of three volumes devoted to that period of relative peace across Europe running from the defeat of Napoleon to the terrible war against the two Kaisers. Volume XIII takes up five subject areas — some primarily public in orientation, some private, some increasingly mixed — where, between 1820 and 1914, any original clay was substantially remoulded. The volume covers the criminal law and its techniques of detection, prosecution, and punishment; provisions for social aid in accordance with the earnest moral endeavour of Victorian thought and action; family law as it came to apply both to the interests of the propertied classes and the great body of people supported by manual labour; labour law as it faced class conflict through the demands and actions of employers and trade unions; and the development of conceptions that would protect individuals against external intrusions upon their personal lives and allow them exclusive control over the results of their intellectual endeavours. Detailed footnoting to historical sources and literature occurs in the course of the narrative. Each volume has tables of cases and of statutes covering the materials in that volume.
William Cornish
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0020
- Subject:
- Law, Legal History
This chapter begins with a discussion of public labour law in the 19th century. It then discusses theories of labour, and free bargaining and enforced obligation.
This chapter begins with a discussion of public labour law in the 19th century. It then discusses theories of labour, and free bargaining and enforced obligation.
Phil Syrpis
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199277209
- eISBN:
- 9780191707445
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199277209.003.0006
- Subject:
- Law, EU Law, Employment Law
This concluding chapter summarizes the main findings of the book. It is argued that the Court's case law institutionalizes tensions between the integrationist objectives of the EU and the economic ...
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This concluding chapter summarizes the main findings of the book. It is argued that the Court's case law institutionalizes tensions between the integrationist objectives of the EU and the economic and social objectives of national regulation in the labour law field which need not exist. The interventions of the political institutions appear less hostile to diversity; but they tend systematically to privilege the economic over the social. It is argued that a clear commitment to the social rationale and a reorientation of the Lisbon Strategy to would contribute towards the legitimacy of the European polity.Less
This concluding chapter summarizes the main findings of the book. It is argued that the Court's case law institutionalizes tensions between the integrationist objectives of the EU and the economic and social objectives of national regulation in the labour law field which need not exist. The interventions of the political institutions appear less hostile to diversity; but they tend systematically to privilege the economic over the social. It is argued that a clear commitment to the social rationale and a reorientation of the Lisbon Strategy to would contribute towards the legitimacy of the European polity.
Brian Langille
- Published in print:
- 2011
- Published Online:
- January 2013
- ISBN:
- 9780197264911
- eISBN:
- 9780191754098
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264911.003.0003
- Subject:
- Economics and Finance, Development, Growth, and Environmental
This book examines the role of labour standards in sustainable development and this chapter addresses this issue at a fairly abstract level. It argues that if we could have clear thinking about ...
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This book examines the role of labour standards in sustainable development and this chapter addresses this issue at a fairly abstract level. It argues that if we could have clear thinking about labour standards and clear thinking about sustainable development, then we would say that there is an intimate connection and profound overlap between labour standards and development. This is because, first, there is an intimate and profound connection between human freedom on the one hand, and human capital on the other. Second, development is the process of the removal of obstacles to real human freedom conceived of as the real capacity to lead lives which we have reason to value. Third, labour law is that part of our law which structures and mobilises the deployment of human capital, that is, which structures and mobilises the ‘exploitation’ (in the best sense of the word) of human capital, which is at the core of human freedom. Thus, if development is about human freedom and labour law is about human capital, then labour law is a key to development.Less
This book examines the role of labour standards in sustainable development and this chapter addresses this issue at a fairly abstract level. It argues that if we could have clear thinking about labour standards and clear thinking about sustainable development, then we would say that there is an intimate connection and profound overlap between labour standards and development. This is because, first, there is an intimate and profound connection between human freedom on the one hand, and human capital on the other. Second, development is the process of the removal of obstacles to real human freedom conceived of as the real capacity to lead lives which we have reason to value. Third, labour law is that part of our law which structures and mobilises the deployment of human capital, that is, which structures and mobilises the ‘exploitation’ (in the best sense of the word) of human capital, which is at the core of human freedom. Thus, if development is about human freedom and labour law is about human capital, then labour law is a key to development.
Sarah Washbrook
- Published in print:
- 2012
- Published Online:
- January 2013
- ISBN:
- 9780197264973
- eISBN:
- 9780191754128
- Item type:
- chapter
- Publisher:
- British Academy
- DOI:
- 10.5871/bacad/9780197264973.003.0003
- Subject:
- History, Latin American History
When Mexico declared independence in September 1821, Chiapas, along with the rest of Central America, joined the new nation. Then, in 1823, precipitated by the collapse of Iturbide's Mexican Empire, ...
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When Mexico declared independence in September 1821, Chiapas, along with the rest of Central America, joined the new nation. Then, in 1823, precipitated by the collapse of Iturbide's Mexican Empire, the other former Central American provinces broke away to form the Central American Union. Chiapas, though, chose permanent annexation to the Mexican republic the following year. This chapter is organized as follows. The first section reviews the historiography of other regions of Mexico and Central America during these years in order better to understand the way that history and geography may have influenced political and agrarian relations in Chiapas during the half-century after independence. The second section looks at politics and state-building in Chiapas between 1824 and 1855, focusing on the relationship between regional elites in the central valley and the central highlands, national governments, and Indian communities. The third section provides an overview of commercial agriculture, population, and labour, and analyzes the agrarian laws which were passed in the state in the post-independence period. The fourth section examines the process of land privatization in different regions of Chiapas and the relationship between the alienation of public and communal lands and the spread of agrarian servitude — both labour tenancy (known as baldiaje) and debt peonage. The fifth section addresses the question of why, despite the growing dispossession of communal land, no peasant rebellion emerged in Chiapas during these years, while the next section examines the Labour Tenancy Law of 1849, a short-lived attempt to regulate baldiaje and limit the role of servile labour in commercial agriculture. Finally, the last section looks at the impact in Chiapas of the laws of the Reform and civil conflict between liberals and conservatives in the period 1855–67, and highlights the way in which local political factionalism contributed to Chiapas's Caste War of 1869–70.Less
When Mexico declared independence in September 1821, Chiapas, along with the rest of Central America, joined the new nation. Then, in 1823, precipitated by the collapse of Iturbide's Mexican Empire, the other former Central American provinces broke away to form the Central American Union. Chiapas, though, chose permanent annexation to the Mexican republic the following year. This chapter is organized as follows. The first section reviews the historiography of other regions of Mexico and Central America during these years in order better to understand the way that history and geography may have influenced political and agrarian relations in Chiapas during the half-century after independence. The second section looks at politics and state-building in Chiapas between 1824 and 1855, focusing on the relationship between regional elites in the central valley and the central highlands, national governments, and Indian communities. The third section provides an overview of commercial agriculture, population, and labour, and analyzes the agrarian laws which were passed in the state in the post-independence period. The fourth section examines the process of land privatization in different regions of Chiapas and the relationship between the alienation of public and communal lands and the spread of agrarian servitude — both labour tenancy (known as baldiaje) and debt peonage. The fifth section addresses the question of why, despite the growing dispossession of communal land, no peasant rebellion emerged in Chiapas during these years, while the next section examines the Labour Tenancy Law of 1849, a short-lived attempt to regulate baldiaje and limit the role of servile labour in commercial agriculture. Finally, the last section looks at the impact in Chiapas of the laws of the Reform and civil conflict between liberals and conservatives in the period 1855–67, and highlights the way in which local political factionalism contributed to Chiapas's Caste War of 1869–70.
Phil Syrpis
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199277209
- eISBN:
- 9780191707445
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199277209.001.0001
- Subject:
- Law, EU Law, Employment Law
This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues ...
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This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues that there are considerable merits to be derived from separating out the integrationist, economic, and social arguments which have been deployed in defence of EU intervention. It critically considers the competence of the EU to act in this field, and demonstrates that proper regard for the subsidiarity and proportionality principles can contribute to the legitimacy of the EU. The book is informed by the ongoing debate on governance in Europe, and aims to provide insights into the implications of the shifts in policy-making technique. The intention is to provide a framework to enable the reader to think about the role that the EU has, and should, play in this field.Less
This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues that there are considerable merits to be derived from separating out the integrationist, economic, and social arguments which have been deployed in defence of EU intervention. It critically considers the competence of the EU to act in this field, and demonstrates that proper regard for the subsidiarity and proportionality principles can contribute to the legitimacy of the EU. The book is informed by the ongoing debate on governance in Europe, and aims to provide insights into the implications of the shifts in policy-making technique. The intention is to provide a framework to enable the reader to think about the role that the EU has, and should, play in this field.
Mark R. Freedland and Nicola Kountouris
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199551750
- eISBN:
- 9780191731013
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199551750.003.0002
- Subject:
- Law, Employment Law
This chapter begins by discussing labour law and its ‘relational’ scope in a number of different legal systems. It then analyses the notion of the ‘personal work relation’ as the domain of labour ...
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This chapter begins by discussing labour law and its ‘relational’ scope in a number of different legal systems. It then analyses the notion of the ‘personal work relation’ as the domain of labour law, and by a functional definition of this novel concept. Subsequently, the chapter moves on to describe a number of kinds of work, described in terminologies which are not necessarily established legal categories, whose place in the firmament of labour law is either denied or contested, and analyses their relationship with the broad concept of ‘personal work relation’. Finally, this discussion is contextualised in the English and European law approach to defining the scope of labour law, broadly understood.Less
This chapter begins by discussing labour law and its ‘relational’ scope in a number of different legal systems. It then analyses the notion of the ‘personal work relation’ as the domain of labour law, and by a functional definition of this novel concept. Subsequently, the chapter moves on to describe a number of kinds of work, described in terminologies which are not necessarily established legal categories, whose place in the firmament of labour law is either denied or contested, and analyses their relationship with the broad concept of ‘personal work relation’. Finally, this discussion is contextualised in the English and European law approach to defining the scope of labour law, broadly understood.
William Cornish
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199239757
- eISBN:
- 9780191705151
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199239757.003.0021
- Subject:
- Law, Legal History
This chapter on the roots of collective action in the 19th century begins with a discussion of the condition of labour. It then discusses the development of criminal offences relating to ...
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This chapter on the roots of collective action in the 19th century begins with a discussion of the condition of labour. It then discusses the development of criminal offences relating to protest-backed demands that terms of work be improved or at least maintained, especially when the workers' conduct was well enough controlled to avoid charges of offences against person or property. This is followed by a discussion of the Combination of Workmen Act 1825.Less
This chapter on the roots of collective action in the 19th century begins with a discussion of the condition of labour. It then discusses the development of criminal offences relating to protest-backed demands that terms of work be improved or at least maintained, especially when the workers' conduct was well enough controlled to avoid charges of offences against person or property. This is followed by a discussion of the Combination of Workmen Act 1825.
MARK CURTHOYS
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199268894
- eISBN:
- 9780191708466
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268894.003.0001
- Subject:
- History, British and Irish Modern History
This book examines the structures inherited by policymakers of mid-Victorian Britain from their Liberal-Tory predecessors a generation earlier granting trade unions a distinctive form of legal ...
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This book examines the structures inherited by policymakers of mid-Victorian Britain from their Liberal-Tory predecessors a generation earlier granting trade unions a distinctive form of legal existence and withdrawing the criminal law from strikes, how those structures functioned, and why they began to fail. The decisions which brought about a replacement are discussed, with the purpose of reinstating the role of government into an established narrative. The politicians and administrators responsible for devising a legal settlement had sooner or later to acknowledge the evidence brought to light by the industrial disputes which punctuated the mid-Victorian period: habits of combination and even of collective bargaining were deep-rooted and could exist independently of the policy of the state. This fact, which fatally undermined policy prescriptions founded upon deductive systems of thought, whether economic or legal, became a commonplace in studies of labour law.Less
This book examines the structures inherited by policymakers of mid-Victorian Britain from their Liberal-Tory predecessors a generation earlier granting trade unions a distinctive form of legal existence and withdrawing the criminal law from strikes, how those structures functioned, and why they began to fail. The decisions which brought about a replacement are discussed, with the purpose of reinstating the role of government into an established narrative. The politicians and administrators responsible for devising a legal settlement had sooner or later to acknowledge the evidence brought to light by the industrial disputes which punctuated the mid-Victorian period: habits of combination and even of collective bargaining were deep-rooted and could exist independently of the policy of the state. This fact, which fatally undermined policy prescriptions founded upon deductive systems of thought, whether economic or legal, became a commonplace in studies of labour law.
MARK CURTHOYS
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199268894
- eISBN:
- 9780191708466
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268894.003.0009
- Subject:
- History, British and Irish Modern History
Robert Lowe, who became secretary of the Home Office of Britain in August 1873, prepared a comprehensive settlement of the Trades Union Congress's (TUC) grievances during his brief tenure by drafting ...
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Robert Lowe, who became secretary of the Home Office of Britain in August 1873, prepared a comprehensive settlement of the Trades Union Congress's (TUC) grievances during his brief tenure by drafting a bill reforming the labour laws. First to be subjected to Lowe's scrutiny was the law of conspiracy; he wanted to confine the offence of conspiracy to its principal useful function, ‘the power to punish a crime where the proof of its commission is defective’. Lowe's approach to the Criminal Law Amendment Act (CLAA) was equally sweeping. Lowe's solution was to make the offences enumerated in the CLAA apply generally, rather than only to the circumstance of trade unions and strikes. He also proposed the total repeal of the criminal clauses of the Master and Servant Act.Less
Robert Lowe, who became secretary of the Home Office of Britain in August 1873, prepared a comprehensive settlement of the Trades Union Congress's (TUC) grievances during his brief tenure by drafting a bill reforming the labour laws. First to be subjected to Lowe's scrutiny was the law of conspiracy; he wanted to confine the offence of conspiracy to its principal useful function, ‘the power to punish a crime where the proof of its commission is defective’. Lowe's approach to the Criminal Law Amendment Act (CLAA) was equally sweeping. Lowe's solution was to make the offences enumerated in the CLAA apply generally, rather than only to the circumstance of trade unions and strikes. He also proposed the total repeal of the criminal clauses of the Master and Servant Act.
MARK CURTHOYS
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199268894
- eISBN:
- 9780191708466
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268894.003.0010
- Subject:
- History, British and Irish Modern History
The unexpected loss of the Liberal Party in the general election of 1874 was not due more to the active hostility of the trade unionists than to the sullen abstention of the nonconformists in ...
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The unexpected loss of the Liberal Party in the general election of 1874 was not due more to the active hostility of the trade unionists than to the sullen abstention of the nonconformists in Britain. Neither factor is now thought to have been decisive in the Liberal defeat. After the election, some observers pointed to a trend among Conservative Party candidates to pledge themselves to the Trades Union Congress programme. However, the parliamentary majority of the new Conservative administration was founded not upon numerous undertakings to appease the unionists, but if anything on an inclination to resist them. This chapter discusses the creation of the Cockburn commission to make recommendations regarding the Criminal Law Amendment Act, the Master and Servant Act, and the law of conspiracy; the Conservatives' concession to organized labour by amending a number of labour laws in favor of trade unions, and the withdrawal of the criminal law from the bargaining between organized workers and employers.Less
The unexpected loss of the Liberal Party in the general election of 1874 was not due more to the active hostility of the trade unionists than to the sullen abstention of the nonconformists in Britain. Neither factor is now thought to have been decisive in the Liberal defeat. After the election, some observers pointed to a trend among Conservative Party candidates to pledge themselves to the Trades Union Congress programme. However, the parliamentary majority of the new Conservative administration was founded not upon numerous undertakings to appease the unionists, but if anything on an inclination to resist them. This chapter discusses the creation of the Cockburn commission to make recommendations regarding the Criminal Law Amendment Act, the Master and Servant Act, and the law of conspiracy; the Conservatives' concession to organized labour by amending a number of labour laws in favor of trade unions, and the withdrawal of the criminal law from the bargaining between organized workers and employers.
Nancy Woloch
- Published in print:
- 2015
- Published Online:
- October 2017
- ISBN:
- 9780691002590
- eISBN:
- 9781400866366
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691002590.003.0010
- Subject:
- History, American History: 20th Century
This concluding chapter examines the nature of protective law, the crucial historical issue of overtime, and public policy after the dismantling of women-only protective laws. Over the course of a ...
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This concluding chapter examines the nature of protective law, the crucial historical issue of overtime, and public policy after the dismantling of women-only protective laws. Over the course of a century, protective laws for women workers left a double imprint on U.S. history. The laws set precedents that led to the Fair Labor Standards Act of 1938 and to modern labor law; they also sustained classification by sex, a tradition of gendered law that abridged citizenship, impeded equality, and endured until late in the century. One variable facet of the protective agenda was the interplay between women-only protective laws and “general” wage-and-hours law that affected men. The long history of overtime, its role in shaping gendered law, and its ramifications over time suggests both the unstable nature of protective law and the unpredictability of its consequences.Less
This concluding chapter examines the nature of protective law, the crucial historical issue of overtime, and public policy after the dismantling of women-only protective laws. Over the course of a century, protective laws for women workers left a double imprint on U.S. history. The laws set precedents that led to the Fair Labor Standards Act of 1938 and to modern labor law; they also sustained classification by sex, a tradition of gendered law that abridged citizenship, impeded equality, and endured until late in the century. One variable facet of the protective agenda was the interplay between women-only protective laws and “general” wage-and-hours law that affected men. The long history of overtime, its role in shaping gendered law, and its ramifications over time suggests both the unstable nature of protective law and the unpredictability of its consequences.
MARK CURTHOYS
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199268894
- eISBN:
- 9780191708466
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268894.003.0005
- Subject:
- History, British and Irish Modern History
Trade unions in Britain were denied legal recognition because their aims and practices were regarded as detrimental to the community at large and ultimately also to union members themselves. One view ...
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Trade unions in Britain were denied legal recognition because their aims and practices were regarded as detrimental to the community at large and ultimately also to union members themselves. One view held that unions should be allowed a more or less unconditional form of legalisation. The contrary view insisted that the law was right to subject unions to disabilities if their objectives conflicted with prevailing notions of public policy, especially those drawn from the maxims of political economy. Legalization should therefore be on restrictive terms, purging union rulebooks of those provisions which the courts had held to be illegal, and enforcing changes to the way unions conducted their affairs. This chapter examines issues related to settling of labour disputes through arbitration and conciliation, debates concerning the separation of trade from the unions' funds for welfare benefits, and the Erle commission's report on the freedom to combine.Less
Trade unions in Britain were denied legal recognition because their aims and practices were regarded as detrimental to the community at large and ultimately also to union members themselves. One view held that unions should be allowed a more or less unconditional form of legalisation. The contrary view insisted that the law was right to subject unions to disabilities if their objectives conflicted with prevailing notions of public policy, especially those drawn from the maxims of political economy. Legalization should therefore be on restrictive terms, purging union rulebooks of those provisions which the courts had held to be illegal, and enforcing changes to the way unions conducted their affairs. This chapter examines issues related to settling of labour disputes through arbitration and conciliation, debates concerning the separation of trade from the unions' funds for welfare benefits, and the Erle commission's report on the freedom to combine.
