masters servants and magistrates in britain and the empire 1562 1955 studies in legal history

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Masters Servants And Magistrates In Britain And The Empire 1562 1955

Author : Douglas Hay
ISBN : 9780807875865
Genre : Law
File Size : 85. 41 MB
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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

Author : Christopher Frank
ISBN : 9781317099581
Genre : History
File Size : 62. 63 MB
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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

Law And Government In England During The Long Eighteenth Century

Author : D. Lemmings
ISBN : 9780230354401
Genre : Political Science
File Size : 69. 21 MB
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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.

Essays In The History Of Canadian Law

Author : George Blaine Baker
ISBN : 9781442670068
Genre : History
File Size : 76. 3 MB
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The essays in this volume deal with the legal history of the Province of Quebec, Upper and Lower Canada, and the Province of Canada between the British conquest of 1759 and confederation of the British North America colonies in 1867. The backbone of the modern Canadian provinces of Ontario and Quebec, this geographic area was unified politically for more than half of the period under consideration. As such, four of the papers are set in the geographic cradle of modern Quebec, four treat nineteenth-century Ontario, and the remaining four deal with the St. Lawrence and Great Lakes watershed as a whole. The authors come from disciplines as diverse as history, socio-legal studies, women’s studies, and law. The majority make substantial use of second-language sources in their essays, which shade into intellectual history, social and family history, regulatory history, and political history.

Public Property And Private Power

Author : Hendrik Hartog
ISBN : 0801495601
Genre : History
File Size : 50. 94 MB
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Law Books In Action

Author : Angela Fernandez
ISBN : 9781847319227
Genre : Law
File Size : 65. 63 MB
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'Law Books in Action: Essays on the Anglo-American Legal Treatise' explores the history of the legal treatise in the common law world. Rather than looking at treatises as shortcuts from 'law in books' to 'law in action', the essays in this collection ask what treatises can tell us about what troubled legal professionals at a given time, what motivated them to write what they did, and what they hoped to achieve. This book, then, is the first study of the legal treatise as a 'law book in action', an active text produced by individuals with ideas about what they wanted the law to be, not a mere stepping-stone to codes and other forms of legal writing, but a multifaceted genre of legal literature in its own right, practical and fanciful, dogmatic and ornamental in turn. This book will be of interest to legal scholars, lawyers and judges, as well as to anyone else with a scholarly interest in law in general, and legal history in particular.

Labour History

Author :
ISBN : NYPL:33433073468112
Genre : Electronic journals
File Size : 27. 18 MB
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Historical Studies In Industrial Relations

Author :
ISBN : STANFORD:36105133494505
Genre : Industrial relations
File Size : 26. 94 MB
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English Common Law In The Age Of Mansfield

Author : James Oldham
ISBN : 9780807864005
Genre : Law
File Size : 29. 18 MB
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In the eighteenth century, the English common law courts laid the foundation that continues to support present-day Anglo-American law. Lord Mansfield, Chief Justice of the Court of King's Bench, 1756-1788, was the dominant judicial force behind these developments. In this abridgment of his two-volume book, The Mansfield Manuscripts and the Growth of English Law in the Eighteenth Century, James Oldham presents the fundamentals of the English common law during this period, with a detailed description of the operational features of the common law courts. This work includes revised and updated versions of the historical and analytical essays that introduced the case transcriptions in the original volumes, with each chapter focusing on a different aspect of the law. While considerable scholarship has been devoted to the eighteenth-century English criminal trial, little attention has been given to the civil side. This book helps to fill that gap, providing an understanding of the principal body of substantive law with which America's founding fathers would have been familiar. It is an invaluable reference for practicing lawyers, scholars, and students of Anglo-American legal history.

Program Of The Annual Meeting American Historical Association

Author : American Historical Association
ISBN : UVA:X004837765
Genre : History
File Size : 33. 47 MB
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Some programs include also the programs of societies meeting concurrently with the association.

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