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

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Cambridge University Press, 1991 - Political Science - 238 pages
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.
 

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Contents

The template of enticement
122
Contract breaking
128
The peaceable boycott
135
Outside of the province of working men
145
A new technical channel
154
Masters servants and the new American state
160
Railroad rates and labor costs
164
The economy of speed
173

A clear line
182
Regulation by anachronism
189
A new American state
198
Actual conditions and practicable measures
204
Conclusion the state of liberalism
209
Full legislative sovereignty
211
The diffusion of legislative forms
215
Legislative polity and administrative state
218
Labor politics pure and simple
221
Myths old and new
227
Index
231
Copyright

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