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The Invention of Free Labor
Examining the emergence of the modern conception of free labor--labor that could not be legally compelled, even though voluntarily agreed upon--Steinfeld explains how English law dominated the early American colonies, making violation of al labor agreements punishable by imprisonment. By the eighteenth century, traditional legal restrictions no longer applied to many kinds of colonial workers, but it was not until the nineteenth century that indentured servitude came to be regarded as similar to slavery.
Coercion, Contract, and Free Labor in the Nineteenth Century
This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the common use of penal sanctions in England to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. In the northern United States, where employers normally could not use penal sanctions, the common law made other contract remedies available, also placing employers in a position to enforce labor agreements. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.
'To Save the People from Themselves'
A far-reaching re-interpretation of the origins of American judicial review.
Reinventing Free Labor
One of the most infamous villains in North America during the Progressive Era was the padrone, a mafia-like immigrant boss who allegedly enslaved his compatriots and kept them uncivilized, unmanly, and unfree. In this history of the padrone, first published in 2000, Gunther Peck analyzes the figure's deep cultural resonance by examining the lives of three padrones and the workers they imported to North America. He argues that the padrones were not primitive men but rather thoroughly modern entrepreneurs who used corporations, the labour contract, and the right to quit to create far-flung coercive networks. Drawing on Greek, Spanish, and Italian language sources, Peck analyzes how immigrant workers emancipated themselves using the tools of padrone power to their own advantage.
Terms of Labor
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 t...
Disowning Slavery
Following the abolition of slavery in New England, white citizens seemed to forget that it had ever existed there. Drawing on a wide array of primary sources—from slaveowners' diaries to children's daybooks to racist broadsides—Joanne Pope Melish reveals not only how northern society changed but how its perceptions changed as well. Melish explores the origins of racial thinking and practices to show how ill-prepared the region was to accept a population of free people of color in its midst. Because emancipation was gradual, whites transferred prejudices shaped by slavery to their relations with free people of color, and their attitudes were buttressed by abolitionist rhetoric which seeme...
Republicanism and Liberalism in America and the German States, 1750-1850
Republicanism and Liberalism in America and the German States represents the cooperative effort of a group of American and German scholars to move the historical debate on Republicanism and Liberalism to a new stage. Previously, the relationship between Republican and Liberal ideas, concepts and world views has been discussed in the context of American revolutionary and late eighteenth-century history. While the German states did not experience successful revolutions like those in North America and France, Republican and Liberal ideas and 'language' deeply affected German political thinking and culture, especially in the southern states. The essays published in this book expand the time frame of the debate into the first half of the nineteenth century, applying an innovative and comparative German-American perspective. By systematically studying the similarities and differences in the understanding of Republicanism and Liberalism in the United States and German states, the collection stimulates efforts toward a comprehensive interpretation of political, intellectual and social developments in the 'modernizing' Atlantic world of the eighteenth and nineteenth centuries.
Master and Servant Law
Drawing on historical narratives that are frequently examined in isolation, 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. In so doing, the author draws new conclusions about the development of the English legal system, trade unionism and popular politics of the period.
Liberty's Blueprint
Aside from the Constitution itself, there is no more important document in American politics and law than The Federalist-the series of essays written by Alexander Hamilton and James Madison to explain the proposed Constitution to the American people and persuade them to ratify it. Today, amid angry debate over what the Constitution means and what the framers' "original intent" was, The Federalist is more important than ever, offering the best insight into how the framers thought about the most troubling issues of American government and how the various clauses of the Constitution were meant to be understood. Michael Meyerson's Liberty's Blueprint provides a fascinating window into the fleeting, and ultimately doomed, friendship between Hamilton and Madison, as well as a much-needed introduction to understanding how the lessons of The Federalist are relevant for resolving contemporary constitutional issues from medical marijuana to the war on terrorism. This book shows that, when properly read, The Federalist is not a "conservative" manifesto but a document that rightfully belongs to all Americans across the political spectrum.
Judicial Review and American Conservatism
Majoritarian Justices -- The Great Debate -- The Imperial Judiciary -- Notes -- Index
