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
Total Pages: 607
Release: 2005-10-12
Genre: Law
ISBN: 0807875864

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
Total Pages: 329
Release: 2016-05-06
Genre: History
ISBN: 1317099575

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

Master and Servant
Author: Carolyn Steedman
Publisher: Cambridge University Press
Total Pages: 27
Release: 2007-07-12
Genre: History
ISBN: 1139464973

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.

The War Before the War

The War Before the War
Author: Andrew Delbanco
Publisher: Penguin
Total Pages: 482
Release: 2019-11-05
Genre: History
ISBN: 0735224137

A New York Times Notable Book Selection Winner of the Mark Lynton History Prize Winner of the Anisfield-Wolf Book Award Winner of the Lionel Trilling Book Award A New York Times Critics' Best Book "Excellent... stunning."—Ta-Nehisi Coates This book tells the story of America’s original sin—slavery—through politics, law, literature, and above all, through the eyes of enslavedblack people who risked their lives to flee from bondage, thereby forcing the nation to confront the truth about itself. The struggle over slavery divided not only the American nation but also the hearts and minds of individual citizens faced with the timeless problem of when to submit to unjust laws and when to resist. The War Before the War illuminates what brought us to war with ourselves and the terrible legacies of slavery that are with us still.

Governments, Labour, and the Law in Mid-Victorian Britain

Governments, Labour, and the Law in Mid-Victorian Britain
Author: Mark Curthoys
Publisher: Oxford University Press
Total Pages: 295
Release: 2004-06-17
Genre: Business & Economics
ISBN: 0199268894

This is a study of how governments and their 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 thenewly-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 industrialrelations 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 historicized critiques of labour law developed by Liberal writers. Curthoys 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 theterms 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. This account of themaking of labour law affords many wider insights into the nature and inner workings of the Victorian state as it dismantled the remnants of feudalism (symbolized by the Master and Servant Acts) and sought to reconcile competing conceptions of citizenship in an age of franchise extension.After the repeal of the Combination Acts in the 1820s collective labour enjoyed limited freedoms. When this regime collapsed under judicial challenge, governments were obliged to devise a new legal framework for trade unions and strikes, enacted between 1871 and 1876. Drawing extensively upon previously unused governmental sources, this study affords many wider insights into the nature and inner workings of the mid-Victorian state, tracing the impact upon policy-makers of contemporary assaultsupon classical political economy, and of the historicized critiques of labour law developed by Liberal writers. As contending views of 'free trade' and 'free labour' came into collision, an official view was formed which favoured allowing an unrestricted freedom to combine and sought to withraw thecriminal law from peaceful industrial relations.

The Negro Bible - The Slave Bible

The Negro Bible - The Slave Bible
Author:
Publisher:
Total Pages: 578
Release: 2019-10-25
Genre: Social Science
ISBN: 9781936533800

The Slave Bible was published in 1807. It was commissioned on behalf of the Society for the Conversion of Negro Slaves in England. The Bible was to be used by missionaries and slave owners to teach slaves about the Christian faith and to evangelize slaves. The Bible was used to teach some slaves to read, but the goal first and foremost was to tend to the spiritual needs of the slaves in the way the missionaries and slave owners saw fit.