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Belated Feudalism : Labor, the Law, and Liberal Development in the United States - Karen Orren

Belated Feudalism

Labor, the Law, and Liberal Development in the United States

Paperback Published: 6th July 1992
ISBN: 9780521422543
Number Of Pages: 252

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Contrary to the idea that the United States was liberal from its inception, Orren argues that both capitalism and constitutionalism proceeded upon a remnant of ancient feudalism. This was the common law of master and servant, embedded in the judiciary, cutting off the fundamental area of labor governance from democratic politics. The fully legislative polity that defines the modern liberal state was brought on through the industrial actions of trade unions in the late nineteenth and early twentieth centuries, and was established with the institutions of collective bargaining under the New Deal. The book represents a reinterpertation of American political development and of the role of the labor movement as a creator of liberalism, not a spoiler of socialism.

'I have always insisted that political science had a lot more to say about economic history. My best confirmation comes from Karen Orren. Her forcefully written book brings an entirely new perspective to the place of labor in the United States and goes beyond that to fresh insights on corporate capitalism itself.' Theodore J. Lowi, Cornell University Belated Feudalism is a stunning reinterpretation of the American political order as a whole. Labor and law are avenues to a broad vista. Orren reconceptualizes the logic of American political development, the relation of public and private in American politics, and the place of labor history in American political history. On all of these dimensions, one cannot read this book without having one's views shaken up and permanently altered.' Jeffrey K. Tulis, University of Texas, Austin 'Orren's argument is extremely original, it is innovative and it is highly intriguing. She presents her point of view with verve and style. The book will be controversial and, as such, attract wide attention.' Christopher Tomlins, American Bar Foundation

Prefacep. ix
Introduction: liberalism and labor in developmental perspectivep. 1
The absence-of-feudalism argumentp. 5
Liberalism, capitalism, and wage laborp. 9
Out of the circle of liberalismp. 15
The primacy of laborp. 19
The labor tradition in liberalismp. 24
The transition to liberalism and the remnant of American laborp. 29
Feudal dismantling and the statep. 30
From judicial to legislative governancep. 33
Liberalism: the art of demolitionp. 40
Legislative sovereignty and its limitsp. 46
The English imprint on American lawp. 55
The American codification movementp. 62
Belated feudalism: the order of the workplace in late-nineteenth-century Americap. 68
The order of laborp. 71
The judicial governance of master and servantp. 79
Relative libertyp. 91
The province of workp. 102
The province and the republicp. 111
The old order and collective actionp. 118
The template of enticementp. 122
Contract breakingp. 128
The peaceable boycottp. 135
"Outside of the province of working men"p. 145
"A new technical channel"p. 154
Masters, servants, and the new American statep. 160
Railroad rates and labor costsp. 164
The economy of speedp. 173
"A clear line"p. 182
Regulation by anachronismp. 189
A new American statep. 198
"Actual conditions and practicable measures"p. 204
Conclusion: the state of liberalismp. 209
Full legislative sovereigntyp. 211
The diffusion of legislative formsp. 215
Legislative polity and administrative statep. 218
Labor politics pure and simplep. 221
Myths old and newp. 227
Indexp. 231
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780521422543
ISBN-10: 052142254X
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 252
Published: 6th July 1992
Country of Publication: GB
Dimensions (cm): 22.94 x 15.37  x 1.75
Weight (kg): 0.35