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Belated Feudalism Labor, the Law, and Liberal Development in the United States

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ISBN-10: 052142254X

ISBN-13: 9780521422543

Edition: 1991

Authors: Karen Orren

List price: $32.99
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Contrary to the idea that the United States was liberal from its inception, Orren argues that both capitalism and constitutionalism proceeded upon a remnant of ancient feudalism. This was the common law of master and servant, embedded in the judiciary, cutting off the fundamental area of labor governance from democratic politics. The fully legislative polity that defines the modern liberal state was brought on through the industrial actions of trade unions in the late nineteenth and early twentieth centuries, and was established with the institutions of collective bargaining under the New Deal. The book represents a reinterpertation of American political development and of the role of the…    
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Book details

List price: $32.99
Copyright year: 1991
Publisher: Cambridge University Press
Publication date: 1/31/1992
Binding: Paperback
Pages: 252
Size: 5.98" wide x 9.02" long x 0.59" tall
Weight: 1.012
Language: English

Introduction: liberalism and labor in developmental perspective
The absence-of-feudalism argument
Liberalism, capitalism, and wage labor
Out of the circle of liberalism
The primacy of labor
The labor tradition in liberalism
The transition to liberalism and the remnant of American labor
Feudal dismantling and the state
From judicial to legislative governance
Liberalism: the art of demolition
Legislative sovereignty and its limits
The English imprint on American law
The American codification movement
Belated feudalism: the order of the workplace in late-nineteenth-century America
The order of labor
The judicial governance of master and servant
Relative liberty
The province of work
The province and the republic
The old order and collective action
The template of enticement
Contract breaking
The peaceable boycott
"Outside of the province of working men"
"A new technical channel"
Masters, servants, and the new American state
Railroad rates and labor costs
The economy of speed
"A clear line"
Regulation by anachronism
A new American state
"Actual conditions and practicable measures"
Conclusion: the state of liberalism
Full legislative sovereignty
The diffusion of legislative forms
Legislative polity and administrative state
Labor politics pure and simple
Myths old and new