Belated Feudalism

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

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Hardcover | 6 July 1992

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252 Pages

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22.86 x 15.24 x 1.75

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Traditional theories of American political development depict the American state as a thoroughly liberal state from its very inception. In this book, first published in 1992, Karen Orren challenges that account by arguing that a remnant of ancient feudalism was, in fact, embedded in the American governmental system, in the form of the law of master and servant, and persisted until well into the twentieth century. The law of master and servant was, she reveals, incorporated in the US Constitution and administered from democratic politics. The fully legislative polity that defines the modern liberal state was achieved in America, Orren argues, only through the initiatives of the labor movement in the late nineteenth and early twentieth centuries, and was finally ushered in as part of the processes of collective bargaining instituted by the New Deal. This book represents a fundamental reinterpretation of constitutional change in the United States and of the role of American organized labor, which is shown to be a creator of liberalism, rather than a spoiler of socialism.

Industry Reviews

'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

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Preface	p. ix
Introduction: liberalism and labor in developmental perspective	p. 1
The absence-of-feudalism argument	p. 5
Liberalism, capitalism, and wage labor	p. 9
Out of the circle of liberalism	p. 15
The primacy of labor	p. 19
The labor tradition in liberalism	p. 24
The transition to liberalism and the remnant of American labor	p. 29
Feudal dismantling and the state	p. 30
From judicial to legislative governance	p. 33
Liberalism: the art of demolition	p. 40
Legislative sovereignty and its limits	p. 46
The English imprint on American law	p. 55
The American codification movement	p. 62
Belated feudalism: the order of the workplace in late-nineteenth-century America	p. 68
The order of labor	p. 71
The judicial governance of master and servant	p. 79
Relative liberty	p. 91
The province of work	p. 102
The province and the republic	p. 111
The old order and collective action	p. 118
The template of enticement	p. 122
Contract breaking	p. 128
The peaceable boycott	p. 135
"Outside of the province of working men"	p. 145
"A new technical channel"	p. 154
Masters, servants, and the new American state	p. 160
Railroad rates and labor costs	p. 164
The economy of speed	p. 173
"A clear line"	p. 182
Regulation by anachronism	p. 189
A new American state	p. 198
"Actual conditions and practicable measures"	p. 204
Conclusion: the state of liberalism	p. 209
Full legislative sovereignty	p. 211
The diffusion of legislative forms	p. 215
Legislative polity and administrative state	p. 218
Labor politics pure and simple	p. 221
Myths old and new	p. 227
Index	p. 231
Table of Contents provided by Syndetics. All Rights Reserved.

Belated Feudalism

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

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

Other Editions and Formats

Paperback

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