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Books > Business & Economics > Economics > Labour economics
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The Law of the Labour Market - Industrialization, Employment, and Legal Evolution (Hardcover)
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The Law of the Labour Market - Industrialization, Employment, and Legal Evolution (Hardcover)
Series: Oxford Labour Law
Expected to ship within 12 - 19 working days
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The emergence of a 'labour market' in industrial societies implies
not just greater competition and increased mobility of economic
resources, but also the specific form of the work relationship
which is described by the idea of wage labour and its legal
expression, the contract of employment. This book examines the
evolution of the contract of employment in Britain through a close
investigation of changes in its juridical form during and since the
industrial revolution. The initial conditions of industrialization
and the subsequent growth of a particular type of welfare state are
shown to have decisively shaped the evolutionary path of British
labour and social security law. In particular, the authors argue
that nature of the legal transition which accompanied
industrialization in Britain cannot be adequately captured by the
conventional idea of a movement from status to contract. What
emerged from the industrial revolution was not a general model of
the contract of employment, but rather a hierarchical conception of
service, which originated in the Master and Servant Acts and was
slowly assimilated into the common law. It was only as a result of
the growing influence of collective bargaining and social
legislation, and with the spread of large-scale enterprises and of
bureaucratic forms of organization, that the modern term 'employee'
began to be applied to all wage and salary earners. The concept of
the contract of employment which is familiar to modern labour
lawyers is thus a much more recent phenomenon than has been widely
supposed. This has important implications for conceptualizations of
the modern labour market, and for the way in which current
proposals to move 'beyond' the employment model, in the face of
intensifying technological and institutional change, should be
addressed.
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