In the five decades after the Civil War, the United States
witnessed a profusion of legal institutions designed to cope with
the nation's exceptionally acute industrial accident crisis.
Jurists elaborated the common law of torts. Workingmen's
organizations founded a widespread system of cooperative insurance.
Leading employers instituted welfare-capitalist accident relief
funds. And social reformers advocated compulsory insurance such as
workmen's compensation.
John Fabian Witt argues that experiments in accident law at the
turn of the twentieth century arose out of competing views of the
loose network of ideas and institutions that historians call the
ideology of free labor. These experiments a century ago shaped
twentieth- and twenty-first-century American accident law; they
laid the foundations of the American administrative state; and they
occasioned a still hotly contested legal transformation from the
principles of free labor to the categories of insurance and risk.
In this eclectic moment at the beginnings of the modern state, Witt
describes American accident law as a contingent set of institutions
that might plausibly have developed along a number of historical
paths. In turn, he suggests, the making of American accident law is
the story of the equally contingent remaking of our accidental
republic.
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