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Governments, Labour, and the Law in Mid-Victorian Britain - The Trade Union Legislation of the 1870s (Hardcover, New)
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Governments, Labour, and the Law in Mid-Victorian Britain - The Trade Union Legislation of the 1870s (Hardcover, New)
Series: Oxford Historical Monographs
Expected to ship within 12 - 17 working days
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This is a study of how governments and their specialist advisers,
in an age of free trade and the minimal state, attempted to create
a viable legal framework for trade unions and strikes. It traces
the collapse, in the face of judicial interventions, of the regime
for collective labour devised by the Liberal Tories in the 1820s,
following the repeal of the Combination Acts. The new arrangements
enacted in the 1870s allowed collective labour unparalleled
freedoms, contended by the newly-founded Trades Union Congress.
This book seeks to reinstate the view from government into an
account of how the settlement was brought about, tracing the
emergence of an official view - largely independent of external
pressure - which favoured withdrawing the criminal law from
peaceful industrial relations and allowing a virtually unrestricted
freedom to combine. It reviews the impact upon the Home Office's
specialist advisers of contemporary intellectual trends, such as
the assaults upon classical and political economy and the
historicized critiques of labour law developed by Liberal writers.
Curthoys offers an historical context for the major court decisions
affecting the security of trade union funds, and the freedom to
strike, while the views of the judges are integrated within the
terms of a wider debate between proponents of contending views of
'free trade' and 'free labour'. New evidence sheds light on the
considerations which impelled governments to grant trade unions a
distinctive form of legal existence, and to protect strikers from
the criminal law. This account of the making of labour law affords
many wider insights into the nature and inner workings of the
Victorian state as it dismantled the remnants of feudalism
(symbolized by the Master and Servant Acts) and sought to reconcile
competing conceptions of citizenship in an age of franchise
extension. After the repeal of the Combination Acts in the 1820s
collective labour enjoyed limited freedoms. When this regime
collapsed under judicial challenge, governments were obliged to
devise a new legal framework for trade unions and strikes, enacted
between 1871 and 1876. Drawing extensively upon previously unused
governmental sources, this study affords many wider insights into
the nature and inner workings of the mid-Victorian state, tracing
the impact upon policy-makers of contemporary assaults upon
classical political economy, and of the historicized critiques of
labour law developed by Liberal writers. As contending views of
'free trade' and 'free labour' came into collision, an official
view was formed which favoured allowing an unrestricted freedom to
combine and sought to withraw the criminal law from peaceful
industrial relations.
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