Law Labor And Ideology In The Early American Republic

This book presents a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. It is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people.

Annotation This book is a history of housework in the United States prior to the Civil War. More particularly, it is a history of women's unpaid domestic labour in the context of the emergence of an industrialized society in the northern United States.

Throughout recorded history, labor to produce goods and services has been a central concern of society, and questions surrounding the terms of labor—the arrangements under which labor is made to produce and to divide its product with others—are of great significance for understanding the past and the emergence of the modern world. For long periods, much of the world’s labor could be considered under the coercive control of systems of slavery or of serfdom, with relatively few workers laboring under terms of freedom, however defined. Slavery and serfdom were systems that controlled not only the terms of labor, but also the more general issues of political freedom. The nine chapters in this volume deal with the general issues of the causes and consequences of the rise of so-called free labor in Europe, the United States, and the Caribbean over the past four to five centuries, and point to the many complications and paradoxical aspects of this change. The topics covered are European beliefs that rejected the enslavement of other Europeans but permitted the slavery of Africans (David Eltis), British abolitionism and the impact of emancipation in the British West Indies (Seymour Drescher), the consequences of the end of Russian serfdom (Peter Kolchin), the definition and nature of free labor as seen by nineteenth-century American workers (Leon Fink), the effects of changing legal and economic concepts of free labor (Robert J. Steinfeld), the antebellum American use of the metaphor of slavery (David Roediger), female dependent labor in the aftermath of American emancipation (Amy Dru Stanley), the contrast between individual and group actions in attempting to benefit individual laborers (David Brody), and the link between arguments concerning free labor and the actual outcomes for laborers in nineteenth-century America (Clayne Pope).

An in-depth political, legal, and philosophical study into the implications of wealth inequality in modern societies. Wealth, and specifically its distribution, has been a topic of great debate in recent years. Calls for justice against corporations implicated in the 2008 financial crash; populist rallying against “the one percent”; distrust of the influence of wealthy donors on elections and policy—all of these issues have their roots in a larger discussion of how wealth operates in American economic and political life. In Wealth a distinguished interdisciplinary group of scholars in political science, law and philosophy address the complex set of questions that relate to economic wealth and its implications for social and political life in modern societies. The volume thus brings together a range of perspectives on wealth, inequality, capitalism, oligarchy, and democracy. The essays also cover a number of more specific topics including limitarianism, US Constitutional history, the wealth defense industry, slavery, and tax policy. Wealth offers analysis and prescription including original assessment of existing forms of economic wealth and creative policy responses for the negative implications of wealth inequality. Economic wealth and its distribution is a pressing issue and this latest installment in the NOMOS series offers new and thought provoking insights.

A concise history of labor and work in America from the birth of the Republic to the Industrial Age and beyond From the days of Thomas Jefferson, Americans believed that they could sustain a capitalist industrial economy without the class conflict or negative socioeconomic consequences experienced in Europe. This dream came crashing down in 1877 when the Great Strike, one of the most militant labor disputes in US history, convulsed the nation’s railroads. In The Dawning of American Labor a leading scholar of American labor history draws upon first-hand accounts and the latest scholarship to offer a fascinating look at how Americans perceived and adapted to the shift from a largely agrarian economy to one dominated by manufacturing. For the generations following the Great Strike, “the Labor Problem” and the idea of class relations became a critical issue facing the nation. As Professor Greenberg makes clear in this lively, highly accessible historical exploration, the 1877 strike forever cast a shadow across one of the most deeply rooted articles of national faith—the belief in American exceptionalism. What conditions produced the faith in a classless society? What went wrong? These questions lie at the heart of The Dawning of American Labor. Provides a concise, comprehensive, and completely up-to-date synthesis of the latest scholarship on the early development of industrialization in the United States Considers how working people reacted, both in the workplace and in their communities, as the nation’s economy made its shift from an agrarian to an industrial base Includes a formal Bibliographical Essay—a handy tool for student research Works as a stand-alone text or an ideal supplement to core curricula in US History, US Labor, and 19th-Century America Accessible introductory text for students in American history classes and beyond, The Dawning of American Labor is an excellent introduction to the history of labor in the United States for students and general readers of history alike.

Once a fundamental civic right, strikes are now constrained and contested. In an unusual and thought-provoking history, Josiah Bartlett Lambert shows how the ability to strike was transformed from a fundamental right that made the citizenship of working people possible into a conditional and commercialized function. Arguing that the executive branch, rather than the judicial branch, was initially responsible for the shift in attitudes about the necessity for strikes and that the rise of liberalism has contributed to the erosion of strikers' rights, Lambert analyzes this transformation in relation to American political thought. His narrative begins before the Civil War and takes the reader through the permanent striker replacement issue and the alienation of workplace-based collective action from community-based collective action during the 1960s. "If the Workers Took a Notion" maps the connections among American political development, labor politics, and citizenship to support the claim that the right to strike ought to be a citizenship right and once was regarded as such. Lambert argues throughout that the right to strike must be protected. He challenges the current "law turn" in labor scholarship and takes into account the role of party alliances, administrative agencies, the military, and the rise of modern presidential powers.

Explores recent developments affecting American workers in light of labor's past. Of special concern is the erosion of the rights of workers under the modern labor law, which Brody argues is rooted in the original formulation of the Wagner Act. Brody explains how the ideals of free labor, free speech, freedom of association, and freedom of contract have been interpreted and canonized in ways that unfailingly reduce the capacity for workers' collective action while silently removing impediments to employers coercion of workers. He combines legal and labor history to reveal how laws designed to undergird workers' rights now essentially hamstring them. [Publisher web site].

A groundbreaking, expansive new account of Reconstruction that fundamentally alters our view of this formative period in American history. We are told that the present moment bears a strong resemblance to Reconstruction, the era after the Civil War when the victorious North attempted to create an interracial democracy in the unrepentant South. That effort failed—and that failure serves as a warning today about violent backlash to the mere idea of black equality. In The Rise and Fall of the Second American Republic, acclaimed historian Manisha Sinha expands our view beyond the accepted temporal and spatial bounds of Reconstruction, which is customarily said to have begun in 1865 with the end of the war, and to have come to a close when the "corrupt bargain" of 1877 put Rutherford B. Hayes in the White House in exchange for the fall of the last southern Reconstruction state governments. Sinha’s startlingly original account opens in 1860 with the election of Abraham Lincoln that triggered the secession of the Deep South states, and take us all the way to 1920 and the ratification of the Nineteenth Amendment, which granted women the right to vote—and which Sinha calls the "last Reconstruction amendment." Within this grand frame, Sinha narrates the rise and fall of what she calls the "Second American Republic." The Reconstruction of the South, a process driven by the alliance between the formerly enslaved at the grassroots and Radical Republicans in Congress, is central to her story, but only part of it. As she demonstrates, the US Army’s conquest of Indigenous nations in the West, labor conflict in the North, Chinese exclusion, women’s suffrage, and the establishment of an overseas American empire were all part of the same struggle between the forces of democracy and those of reaction. The main concern of Reconstruction was the plight of the formerly enslaved, but its fall affected other groups as well: women, workers, immigrants, and Native Americans. From the election of black legislators across the South in the late 1860s to the Great Railroad Strike of 1877 to the colonial war in the Philippines in the 1890s, Sinha narrates the major episodes of the era and introduces us to key individuals, famous and otherwise, who helped remake American democracy, or whose actions spelled its doom. A sweeping narrative that remakes our understanding of perhaps the most consequential period in American history, The Rise and Fall of the Second American Republic shows how the great contest of that age is also the great contest of our age—and serves as a necessary reminder of how young and fragile our democracy truly is.