Download or read book Private Law and Social Inequality in the Industrial Age written by Willibald Steinmetz (historien).) and published by . This book was released on 2000 with total page 590 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays assembled here explore how private law historically helped to maintain, change, or upset inequalities common to all industrialized countries. The book deals with relations between lords and peasants, husbands and wives, masters and servants, landlords and tenants, and producers and consumers.
Download or read book The Many Concepts of Social Justice in European Private Law written by H. W. Micklitz and published by Edward Elgar Publishing. This book was released on 2011-11-01 with total page 489 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.
Download or read book The SAGE Handbook of Industrial Relations written by Paul Blyton and published by SAGE. This book was released on 2008-09-12 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: This handbook is an indispensable teaching, research and reference guide for anyone interested in issues of labour and employment. The editors have assembled a top-flight group of authors and the end-product is an encompassing state-of-the-art review of the industrial relations field′ - Professor Bruce E Kaufman, AYSPS, Georgia State University ′This Handbook will quickly become the standard reference in industrial relations research. It provides the most comprehensive and challenging presentation of the key theoretical debates and topics of research that will shape our field well into the 21st century. All who wish to contribute to this field will need to read this volume and then build on what these authors have to say′ - Professor Thomas A. Kochan, MIT Institute for Work and Employment Research ′This authoritative panorama of the field demonstrates the contemporary vitality, breadth and critical depth of industrial relations scholarship and research. Thirty-four stimulating essays, by an international blend of leading academics, expertly review the analytical and empirical state of play across all aspects of industrial relations enquiry. In doing so, a rich agenda for further scholarly endeavour emerges′ - Paul Marginson, University of Warwick Over the last two decades, a number of factors have converged to produce a major rethink about the field of Industrial Relations. Globalization, the decline of trade unions, the spread of high performance work systems and the emergence of a more feminized, flexible work-force have opened new avenues of inquiry. The SAGE Handbook of Industrial Relations charts these changes and analyzes them. It provides a systematic, comprehensive survey of the field. The book is organized into four interrelated sections: " Theorizing Industrial Relations " The changing institutions that shape employment practice " The processes used by governments, employers and unions " Income inequality, employee wellbeing, business performance and national comparative advantages The result is a work of unprecedented scope and unparalleled ambition. It offers a compete guide to the central debates, new developments and emerging themes in the field. It will quickly be recognized as the indispensable reference for Teachers, Students and Researchers. It is relevant to economists, lawyers, sociologists, business and management researchers and Industrial Relations specialists.
Download or read book Rights and Private Law written by Donal Nolan and published by Bloomsbury Publishing. This book was released on 2011-12-02 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years a strand of thinking has developed in private law scholarship which has come to be known as 'rights' or 'rights-based' analysis. Rights analysis seeks to develop an understanding of private law obligations that is driven, primarily or exclusively, by the recognition of the rights we have against each other, rather than by other influences on private law, such as the pursuit of community welfare goals. Notions of rights are also assuming greater importance in private law in other respects. Human rights instruments are having an increasing influence on private law doctrines. And in the law of unjust enrichment, an important debate has recently begun on the relationship between restitution of rights and restitution of value. This collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.
Download or read book Property Tenancy and Urban Growth in Stockholm and Berlin 1860 1920 written by Håkan Forsell and published by Ashgate Publishing, Ltd.. This book was released on 2006 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Exploring the social and political meanings attributed to property - specifically home ownership - this study looks at how these changed during the course of the modern city building process between 1860 and 1920. Focussing on two northern European capital cities, Berlin and Stockholm, the study contributes to the understanding of various factors that shaped the dynamic urban growth that characterized this period.
Download or read book From Industrial to Legal Standardization 1871 1914 written by Tilmann Röder and published by Martinus Nijhoff Publishers. This book was released on 2011-11-25 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around 1900, standard contracts and clauses spread throughout international industries such as transport, insurance and finance. The "earthquake clause", which was globally introduced by reinsurers after the 1906 San Francisco catastrophe, exemplifies this paradigmatic change of the law.
Download or read book Police Courts in Nineteenth Century Scotland Volume 1 written by David G. Barrie and published by Routledge. This book was released on 2016-04-22 with total page 534 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, with the subtitle Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, with the subtitle Boundaries, Behaviours and Bodies, explores, through themed case studies, how police courts shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures.
Download or read book Police Courts in Nineteenth Century Scotland 2 volume set written by David G. Barrie and published by Taylor & Francis. This book was released on 2022-07-30 with total page 831 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking the form of two companion volumes, Police Courts in Nineteenth-Century Scotland represents the first major investigation into the administration, experience, impact and representation of summary justice in Scottish towns, c.1800 to 1892. Each volume explores diverse, but complementary, themes relating to judicial practices, relationships, experiences and discourses through the lens of the same subject matter: the police court. Volume 1, subtitled Magistrates, Media and the Masses, provides an institutional, social and cultural history of the establishment, development and practice of police courts. It explores their rise, purpose and internal workings, and how justice was administered and experienced by those who attended them in a variety of roles. Special attention is given to examining how courtroom discourse was represented in print culture, the role of the media in providing a discursive commentary on summary justice, and the ways in which magistrates and the police engaged in a law and order dialogue with the press. Throughout, consideration is given to uncovering the relationship between magistrates, the courts, the police and the wider community, and to charting the implications of the rise of summary justice and the ’police-man’ state for the urban masses (as evidenced through prosecution, conviction and punishment patterns). Volume 2, subtitled Boundaries, Behaviours and Bodies, examines, through themed case studies, how these civic and judicial institutions shaped conceptual, spatial, temporal and commercial boundaries by regulating every-day activities, pastimes and cultures. As with Volume 1, Boundaries, Behaviours and Bodies is attentive to the relationship between magistrates, the police, the media and the wider community, but here the main focus of analysis is on the role and impact of the police courts, through their practice, on cultural ideas, social behaviours and environments in the nineteenth-century city.
Download or read book A Companion to Nineteenth Century Europe 1789 1914 written by Stefan Berger and published by John Wiley & Sons. This book was released on 2006-02-24 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Companion provides an overview of European history during the 'long' nineteenth century, from 1789 to 1914. Consists of 32 chapters written by leading international scholars Balances coverage of political, diplomatic and international history with discussion of economic, social and cultural concerns Covers both Eastern and Western European states, including Britain Pays considerable attention to smaller countries as well as to the great powers Compares particular phenomena and developments across Europe
Download or read book The British and Their Laws in the Eighteenth Century written by David Lemmings and published by Boydell Press. This book was released on 2005 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: New analysis and interpretation of law and legal institutions in the "long eighteenth century". Law and legal institutions were of huge importance in the governance of Georgian society: legislation expanded the province of administrative authority out of all proportion, while the reach of the common law and its communal traditions of governance diminished, at least outside British North America. But what did the rule of law mean to eighteenth-century people, and how did it connect with changing experiences of law in all their bewildering complexity?This question has received much recent critical attention, but despite widespread agreement about Law's significance as a key to unlock so much which was central to contemporary life, as a whole previous scholarship has only offered a fragmented picture of the Laws in their social meanings and actions. Through a broader-brush approach, The British and their Laws in the Eighteenth Century contributes fresh analyses of law in England andBritish settler colonies, c. 1680-1830; its expert contributors consider among other matters the issues of participation, central-local relations, and the maintenance of common law traditions in the context of increasing legislative interventions and grants of statutory administrative powers. Contributors: SIMON DEVEREAUX, MICHAEL LOBBAN, DOUGLAS HAY, JOANNA INNES, WILFRED PREST, C.W. BROOKS, RANDALL MCGOWEN, DAVID THOMAS KONIG, BRUCE KERCHER
Download or read book Master and Servant Law written by Christopher Frank and published by Routledge. This book was released on 2016-05-06 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Master and Servant Law written by Dr Christopher Frank and published by Ashgate Publishing, Ltd.. This book was released on 2013-06-28 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 history, Chartist scholarship and to the social history of the nineteenth century more broadly.
Download or read book Labour Law in the Courts written by Silvana Sciarra and published by Bloomsbury Publishing. This book was released on 2001-03-23 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: The research underpinning this book was designed to support and further develop ideas already described in broader and more theoretical studies,about the dialogues happening among national courts and the ECJ as a key factor of European integration. The role played by the courts as part of the interplay of institutions within the European Union has been recognised as crucial, and this research, which was conducted at the European University Institute, homes in upon some specific examples. It deals with six Member States of the European Union: Denmark, France, Germany, Italy, Spain and the UK, analysing two select but significant areas of substantive law: transfer of undertakings and equality legislation. The analysis dwells on these key areas, although some other fields of social law were selected in order to prove the main theory underlying the whole research. While on the one hand offering a comparative assessment of developments in the six member states chosen for study, the research also highlights national peculiarities as well as the factors perceived to be driving national actors towards the preliminary ruling procedures This work will be of interest to all scholars of EU law and labour law.
Download or read book Global Histories of Work written by Andreas Eckert and published by Walter de Gruyter GmbH & Co KG. This book was released on 2016-09-12 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Histories of Work is the first title in the new series "Work in Global and Historical Perspective". This collection of selected articles written by leading scholars in different disciplines provides both an introduction and numerous insights into themes, debates and methods of Global Labour History as they have been developed over the last years. The contributions to the volume discuss crucial historiographical developments; present different professions that have gained new attention in the context of an emerging Global Labour History; critically engage the boundaries of "free" labour and the ambiguities contained in this concept; and take up and historicize current debates about "informal labour". Global Histories of Work will familiarize readers with a burgeoning fi eld of high academic, social, and political relevance.
Download or read book The Victorian World written by Martin Hewitt and published by Routledge. This book was released on 2013-01-25 with total page 776 pages. Available in PDF, EPUB and Kindle. Book excerpt: With an interdisciplinary approach that encompasses political history, the history of ideas, cultural history and art history, The Victorian World offers a sweeping survey of the world in the nineteenth century. This volume offers a fresh evaluation of Britain and its global presence in the years from the 1830s to the 1900s. It brings together scholars from history, literary studies, art history, historical geography, historical sociology, criminology, economics and the history of law, to explore more than 40 themes central to an understanding of the nature of Victorian society and culture, both in Britain and in the rest of the world. Organised around six core themes – the world order, economy and society, politics, knowledge and belief, and culture – The Victorian World offers thematic essays that consider the interplay of domestic and global dynamics in the formation of Victorian orthodoxies. A further section on ‘Varieties of Victorianism’ offers considerations of the production and reproduction of external versions of Victorian culture, in India, Africa, the United States, the settler colonies and Latin America. These thematic essays are supplemented by a substantial introductory essay, which offers a challenging alternative to traditional interpretations of the chronology and periodisation of the Victorian years. Lavishly illustrated, vivid and accessible, this volume is invaluable reading for all students and scholars of the nineteenth century.
Download or read book Tort Law and the Legislature written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2012-12-21 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29
Download or read book New Perspectives on European Women s Legal History written by Sara L. Kimble and published by Routledge. This book was released on 2016-07-01 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book integrates women’s history and legal studies within the broader context of modern European history in the late nineteenth and twentieth centuries. Sixteen contributions from fourteen countries explore the ways in which the law contributes to the social construction of gender. They analyze questions of family law and international law and highlight the politics of gender in the legal professions in a variety of historical, social and national settings, including Eastern, Southern, Western, Northern and Central Europe. Focusing on different legal cultures, they show us the similarities and differences in the ways the law has shaped the contours of women and men’s lives in powerful ways. They also show how women have used legal knowledge to struggle for their equal rights on the national and transnational level. The chapters address the interconnectedness of the history of feminism, legislative reforms, and women’s citizenship, and build a foundation for a comparative vision of women’s legal history in modern Europe.
