Law Labor and Ideology in the Early American Republic

Author: Christopher L. Tomlins
Publisher: Cambridge University Press
ISBN: 0521438578
Release Date: 1993-04-30
Genre: History

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.

The Oxford Handbook of the American Revolution

Author: Edward G. Gray
Publisher: Oxford University Press
ISBN: 9780199324033
Release Date: 2012-12-06
Genre: History

The Oxford Handbook of the American Revolution draws on a wealth of new scholarship to create a vibrant dialogue among varied approaches to the revolution that made the United States. In thirty-three essays written by authorities on the period, the Handbook brings to life the diverse multitudes of colonial North America and their extraordinary struggles before, during, and after the eight-year-long civil war that secured the independence of thirteen rebel colonies from their erstwhile colonial parent. The chapters explore battles and diplomacy, economics and finance, law and culture, politics and society, gender, race, and religion. Its diverse cast of characters includes ordinary farmers and artisans, free and enslaved African Americans, Indians, and British and American statesmen and military leaders. In addition to expanding the Revolution's who, the Handbook broadens its where, portraying an event that far transcended the boundaries of what was to become the United States. It offers readers an American Revolution whose impact ranged far beyond the thirteen colonies. The Handbook's range of interpretive and methodological approaches captures the full scope of current revolutionary-era scholarship. Its authors, British and American scholars spanning several generations, include social, cultural, military, and imperial historians, as well as those who study politics, diplomacy, literature, gender, and sexuality. Together and separately, these essays demonstrate that the American Revolution remains a vibrant and inviting a subject of inquiry. Nothing comparable has been published in decades.

Scraping By

Author: Seth Rockman
Publisher: JHU Press
ISBN: 9780801899997
Release Date: 2010-12-29
Genre: History

These rich accounts of day laborers and domestic servants illuminate the history of early republic capitalism and its consequences for working families.

Reinventing Free Labor

Author: Gunther Peck
Publisher: Cambridge University Press
ISBN: 0521778190
Release Date: 2000-05-22
Genre: Business & Economics

This 2000 study is of the history of the padrone, a mafia-like immigrant boss who allegedly enslaved his compatriots.

Labour Before the Law

Author: Judy Fudge
Publisher: University of Toronto Press
ISBN: 9781442655522
Release Date: 2001-12-15
Genre: History

In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners of capital, while the state struggled to define a labour regime that contained industrial conflict. The authors then trace the conflicts that eventually produced the industrial pluralism that Canadians have known in more recent years. By 1948 a detailed set of legal rules and procedures had evolved and achieved a hegemonic status that no prior legal regime had even approached. This regime has become so central to our everyday thinking about labour relations that one might be forgiven for thinking that everything that came earlier was, truly, before the law. But, as Labour Before the Law demonstrates, workers who acted collectively prior to 1948 often found themselves before the law, whether appearing before a magistrate charged with causing a disturbance, facing a superior court judge to oppose an injunction, or in front of a board appointed pursuant to a statutory scheme that was investigating a labour dispute and making recommendations for its resolution. The book is simultaneously a history of law, aspects of the state, trade unions and labouring people, and their interaction within the broad and shifting terrain of political economy. The authors are attentive to regional differences and sectoral divergences, and they attempt to address the fragmentation of class experience.

Encyclopedia of American Social Movements

Author: Immanuel Ness
Publisher: Routledge
ISBN: 9781317471899
Release Date: 2015-07-17
Genre: Business & Economics

This four-volume set examines every social movement in American history - from the great struggles for abolition, civil rights, and women's equality to the more specific quests for prohibition, consumer safety, unemployment insurance, and global justice.

The Routledge History of Nineteenth Century America

Author: Jonathan Daniel Wells
Publisher: Routledge
ISBN: 9781317665496
Release Date: 2017-09-14
Genre: History

The Routledge History of Nineteenth-Century America provides an important overview of the main themes within the study of the long nineteenth century. The book explores major currents of research over the past few decades to give an up-to-date synthesis of nineteenth-century history. It shows how the century defined much of our modern world, focusing on themes including: immigration, slavery and racism, women's rights, literature and culture, and urbanization. This collection reflects the state of the field and will be essential reading for all those interested in the development of the modern United States.

Workers in America

Author: Robert E. Weir
Publisher: ABC-CLIO
ISBN: 9781598847185
Release Date: 2012-11
Genre: Business & Economics

This encyclopedia traces the evolution of American workers and labor organizations from pre-Revolutionary America through the present day. * Suggested reading for each entry, including both print and online resources * A chronology of important labor highlights * 350 entries covering key topics

Taming Passion for the Public Good

Author: Mark E. Kann
Publisher: NYU Press
ISBN: 9780814770191
Release Date: 2013-04-01
Genre: History

“Kann's latest tour de force explores the ambivalence, during the founding of our nation, about whether political freedom should augur sexual freedom. Tracing the roots of patriarchal sexual repression back to revolutionary America, Kann asks highly contemporary questions about the boundaries between public and private life, suggesting, provocatively, that political and sexual freedom should go hand in hand.” —Ben Agger, University of Texas at Arlington The American Revolution was fought in the name of liberty. In popular imagination, the Revolution stands for the triumph of populism and the death of patriarchal elites. But this is not the case, argues Mark E. Kann. Rather, in the aftermath of the Revolution, America developed a society and system of laws that kept patriarchal authority alive and well—especially when it came to the sex lives of citizens. In Taming Passion for the Public Good, Kann contends that that despite the rhetoric of classical liberalism, the founding generation did not trust ordinary citizens with extensive liberty. Under the guise of paternalism, they were able simultaneously to retain social control while espousing liberal principles, with the goal of ultimately molding the country into the new American ideal: a moral and orderly citizenry that voluntarily did what was best for the public good. Mark E. Kann, Professor Emeritus of Political Science and History, held the USC Associates Chair in Social Science at the University of Southern California. He is the author of Republic of Men (NYU Press, 1998) and Punishment, Prisons, and Patriarchy (NYU Press, 2005).

Property in Work

Author: Wanjiru Njoya
Publisher: Ashgate Publishing, Ltd.
ISBN: 9781409493297
Release Date: 2013-01-28
Genre: Law

The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.

The Police Power

Author: Markus Dirk Dubber
Publisher: Columbia University Press
ISBN: 9780231506953
Release Date: 2005-01-12
Genre: Political Science

Mention the phrase Homeland Security and heated debates emerge about state uses and abuses of legal authority. This timely book is a comprehensive treatise on the constitutional and legal history behind the power of the modern state to police its citizens. Dubber explores the roots of the power to police—the most expansive and least limitable of governmental powers—by focusing on its most obvious and problematic manifestation: criminal law. He argues that the defining characteristics of this power, including the inability to accurately define it, reflect its origins in the discretionary and virtually limitless patriarchal power of the householder over his household. The paradox of patriarchal police power as the most troubling yet least scrutinized of governmental powers can begin to be resolved by subjecting this branch of government to the critical analysis it merits. Dubber shows us that the question must become how can the police power and criminal law together serve the goals of social equity that define and give direction to contemporary democratic societies? This book goes to the heart of this neglected but crucial topic.

The Freedoms We Lost

Author: Barbara Smith
Publisher: The New Press
ISBN: 9781595585974
Release Date: 2010-11-09
Genre: History

The Freedoms We Lost is an ambitious historical analysis of the American revolution that reinterprets the gains and losses experienced by ordinary Americans and challenges the easy narrative that subsumes the growth of “freedom” into the story of the American nation. Esteemed historian Barbara Clark Smith proposes that many ordinary Americans were in fact more free on the eve of Revolution than they were two decades later.

Belated Feudalism

Author: Karen Orren
Publisher: Cambridge University Press
ISBN: 052142254X
Release Date: 1991
Genre: History

This book, first published in 1992, reinterprets constitutional change in the United States and of the role of American organized labor.

The Myth of the Imperial Judiciary

Author: Mark Kozlowski
Publisher: NYU Press
ISBN: 9780814749296
Release Date: 2006-01-01
Genre: Law

Few institutions have become as ferociously fought over in democratic politics as the courts. While political criticism of judges in this country goes back to its inception, today’s intensely ideological assault is nearly unprecedented. Spend any amount of time among the writings of contemporary right-wing critics of judicial power, and you are virtually assured of seeing repeated complaints about the “imperial judiciary.” American conservatives contend not only that judicial power has expanded dangerously in recent decades, but that liberal judges now willfully write their policy preferences into law. They raise alarms that American courts possess a degree of power incompatible with the functioning of a democratic polity. The Myth of the Imperial Judiciary explores the anti-judicial ideological trend of the American right, refuting these claims and taking a realistic look at the role of courts in our democracy to show that conservatives have a highly unrealistic conception of their power. Kozlowski first assesses the validity of the conservative view of the Founders’ intent, arguing that courts have played an assertive role in our politics since their establishment. He then considers contemporary judicial powers to show that conservatives have greatly overstated the extent to which the expansion of rights which has occurred has worked solely to the benefit of liberals. Kozlowski reveals the ways in which the claims of those on the right are often either unsupported or simply wrong. He concludes that American courts, far from imperiling our democracy or our moral fabric, stand as a bulwark against the abuse of legislative power, acting forcefully, as they have always done, to give meaning to constitutional promises.