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

Name: Belated Feudalism Labor, the Law, and Liberal Development in the United States
Price: 18.27 USD
Availability: InStock
ISBN: 9780521422543

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…

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



Preface



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


Index