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Master and Servant Law - Chartists, Trade Unions, Radical Lawyers and the Magistracy in England, 1840-1865 (Hardcover, New Ed)
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Master and Servant Law - Chartists, Trade Unions, Radical Lawyers and the Magistracy in England, 1840-1865 (Hardcover, New Ed)
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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
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