Masters Servants And Magistrates In Britain And The Empire 1562 1955

Master and servant acts, the cornerstone of English employment law for more than four hundred years, gave largely unsupervised, inferior magistrates wide discretion over employment relations, including the power to whip, fine, and imprison men, women, and children for breach of private contracts with their employers. The English model was adopted, modified, and reinvented in more than a thousand colonial statutes and ordinances regulating the recruitment, retention, and discipline of workers in shops, mines, and factories; on farms, in forests, and on plantations; and at sea. This collection presents the first integrated comparative account of employment law, its enforcement, and its importance throughout the British Empire. Sweeping in its geographic and temporal scope, this volume tests the relationship between enacted law and enforced law in varied settings, with different social and racial structures, different economies, and different constitutional relationships to Britain. Investigations of the enforcement of master and servant law in England, the British Caribbean, India, Africa, Hong Kong, Canada, Australia, and colonial America shed new light on the nature of law and legal institutions, the role of inferior courts in compelling performance, and the definition of "free labor" within a multiracial empire. Contributors: David M. Anderson, St. Antony's College, Oxford Michael Anderson, London School of Economics Jerry Bannister, Dalhousie University, Nova Scotia M. K. Banton, National Archives of the United Kingdom, London Martin Chanock, La Trobe University, Australia Paul Craven, York University Juanita De Barros, McMaster University Christopher Frank, University of Manitoba Douglas Hay, York University Prabhu P. Mohapatra, Delhi University, India Christopher Munn, University of Hong Kong Michael Quinlan, University of New South Wales Richard Rathbone, University of Wales, Aberystwyth Christopher Tomlins, American Bar Foundation, Chicago Mary Turner, London University

In recent years, social and legal historians have called into question the degree to which the labour that fuelled and sustained industrialization in England was actually ’free’. The corpus of statutes known as master and servant law has been a focal point of interest: throughout the eighteenth and nineteenth centuries, at the behest of employers, mine owners, and manufacturers, Parliament regularly supplemented and updated the provisions of these statutes with new legislation which contained increasingly harsh sanctions for workers who left work, performed it poorly, or committed acts of misbehaviour. The statutes were characterized by a double standard of sanctions, which treated workers’ breach of contract as a criminal offence, but offered only civil remedies for the broken promises of employers. Surprisingly little scholarship has looked into resistance to the Master and Servant laws. This book examines the tactics, rhetoric and consequences of a sustained legal and political campaign by English and Welsh trade unions, Chartists, and a few radical solicitors against the penal sanctions of employment law during the mid-nineteenth century. By bringing together historical narratives that are all too frequently examined in isolation, Christopher Frank is able to draw new conclusions about the development of the English legal system, trade unionism and popular politics of the period. The author demonstrates how the use of imprisonment for breach of a labour contract under master and servant law, and its enforcement by local magistrates, played a significant role in shaping labour markets, disciplining workers and combating industrial action in many regions of England and Wales, and further into the British Empire. By combining social and legal history the book reveals the complex relationship between parliamentary legislation, its interpretation by the high courts, and its enforcement by local officials. This work marks an important contribution to legal

In recent years, social and legal historians have called into question the degree to which the labour that fuelled and sustained industrialization in England was actually ‘free’. The corpus of statutes known as master and servant law has been a focal point of interest: throughout the eighteenth and nineteenth centuries, at the behest of employers, mine owners, and manufacturers, Parliament regularly supplemented and updated the provisions of these statutes with new legislation which contained increasingly harsh sanctions for workers who left work, performed it poorly, or committed acts of misbehaviour. The statutes were characterized by a double standard of sanctions, which treated workers’ breach of contract as a criminal offence, but offered only civil remedies for the broken promises of employers. Surprisingly little scholarship has looked into resistance to the Master and Servant laws. This book examines the tactics, rhetoric and consequences of a sustained legal and political campaign by English and Welsh trade unions, Chartists, and a few radical solicitors against the penal sanctions of employment law during the mid-nineteenth century. By bringing together historical narratives that are all too frequently examined in isolation, Christopher Frank is able to draw new conclusions about the development of the English legal system, trade unionism and popular politics of the period. The author demonstrates how the use of imprisonment for breach of a labour contract under master and servant law, and its enforcement by local magistrates, played a significant role in shaping labour markets, disciplining workers and combating industrial action in many regions of England and Wales, and further into the British Empire. By combining social and legal history the book reveals the complex relationship between parliamentary legislation, its interpretation by the high courts, and its enforcement by local officials. This work marks an important contribution to legal history, Chartist scholarship and to the social history of the nineteenth century more broadly.

This book unfolds the story of the indenture system within the British Empire, with India as the 'mother country' of coolies.

As the legislative bodies of democratic nations, parliaments play a fundamental role in society. Consequently the linguistic practices observed in parliamentary discourse are of importance to everyone. This volume brings together leading researchers in areas of corpus linguistics, big data, parliamentary discourse, and historical linguistics in a truly interdisciplinary exploration at the vanguard of big data and corpus methods with the aim to investigate the intersection between linguistic and social change. Making use of both quantitative and qualitative methods, the studies included in this volume range from a focus on explicitly linguistic phenomena to topics that contribute to our understanding of language and society more generally. It breaks new ground in its critical reflection on the conceptual and methodological challenges of using large corpora of parliamentary discourse to study both the specialised language of parliamentary speech and the societies that the parliaments in question represent and govern.

After the abolition of slavery in the Indian Ocean and Africa, the world of labor remained unequal, exploitative, and violent, straddling a fine line between freedom and unfreedom. This book explains why. Unseating the Atlantic paradigm of bondage and drawing from a rich array of colonial, estate, plantation and judicial archives, Alessandro Stanziani investigates the evolution of labor relationships on the Indian subcontinent, the Indian Ocean and Africa, with case studies on Assam, the Mascarene Islands and the French Congo. He finds surprising relationships between African and Indian abolition movements and European labor practices, inviting readers to think in terms of trans-oceanic connections rather than simple oppositions. Above all, he considers how the meaning and practices of freedom in the colonial world differed profoundly from those in the mainland. Arguing for a multi-centered view of imperial dynamics, Labor on the Fringes of Empire is a pioneering global history of nineteenth-century labor.

Marc W. Steinberg throws a wrench into our understanding of the English Industrial Revolution - largely revising the thesis of Karl Polanyi's landmark 'The Great Transformation'. The conventional wisdom has been that in the 19th century, England quickly moved toward a modern labour market where workers were free to shift from employer to employer in response to market signals. Expanding on recent historical research, Steinberg finds to the contrary that labour contracts, centred on insidious master-servant laws, allowed employers and legal institutions to work in tandem to keep employees in line.

All work is free work – or is it? Rooted in the historical and theoretical debates over the status of labor, this volume analyzes the relationship between free and forced work, migration, and the role that states play in producing un-freedom. With contributions among others from Stephen Castles, Cindy Hahamovitch, Vincent Houben and William G. Martin, the book explores constrained labor forms across the world from the mid-19th century to today.