Private Law and Social Inequality in the Industrial Age
Comparing Legal Cultures in Britain, France, Germany, and the United States
Series: Studies of the German Historical Institute London;
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Product details:
- Publisher OUP Oxford
- Date of Publication 18 May 2000
- ISBN 9780199202362
- Binding Hardback
- No. of pages578 pages
- Size 224x146x34 mm
- Weight 791 g
- Language English
- Illustrations 8 figures 0
Categories
Long description:
A promise of equality inherited from revolutionary declarations of rights, enlightened law codes, and constitutions stood at the beginning of the industrial age. Conflicts were inevitable when in reality the law continued to be used, as ever, mostly in support of the rich and powerful. The essays assembled here explore how private law helped to maintain, change, or upset inequalities that were common to all industrialized countries. The book deals with relations
between lords and peasants, husbands and wives, masters and servants, landlords and tenants, and producers and consumers.
While law-and-society histories have become a growth industry in recent years, most studies in this field tend to be limited by national and disciplinary boundaries. This volume goes beyond such boundaries by comparing legal cultures in Britain, Germany, France, and the United States. Taking analogous, although not necessarily simultaneous, conflicts as a starting point, the essays offer new insights into different attitudes towards the law and different paths of juridification. The book thus
enables historians, lawyers, and social scientists to view the history of their own legal culture in the light of others.
Table of Contents:
Introduction
Towards a Comparative History of Legal Cultures, 1750-1950
Landowners, Peasants, and Labourers
The Private Use of Public Rights: Law and Social Conflict in Nineteenth-Century Rural England
Administration of Private Law or Private Jurisdiction? The Prussian Patrimonial Courts, 1820-1848
Husbands and Wives
Fictions of Community: Property Relations in Marriage in European and American Legal Systems of the Nineteenth Century
Husbands, Wives, and Judges in Nineteenth-Century France
Legal Patricularism and the Complexity of Women's Rights in Nineteenth-Century Germany
A Moving Target: Class, Gender, and Family Law in the Nineteenth-Century United States
Employers and Employees
The Case of the Employment Relationship: Elements of a Comparison
Industrial Tribunals and the Establishment of a Kind of Common Law of Labour in Nineteenth-Century France
Master and Servant in England: Using the Law in the Eighteenth and Nineteenth Centuries
Was there a De-juridification of Individual Employment Relations in Britain?
Master and Servant Law and Constitutional Rights in the United States during the Nineteenth Century: A Domain-Specific Analysis
Landlords and Tenants
Urban House Tenure and Litigation in Nineteenth-Century Britain
Landlords, Tenants, and the Law: Paris, 1850-1920
Tenancy in Germany between 1871 and 1914: Norms and Reality
Landlord-Tenant Courts in New York City at the Turn of the Twentieth Century
Producers and Consumers
Usury in France in the Nineteenth Century
Defining the Common Good and Social Justice: Popular and Legal Concepts of Wucher in Germany from the 1860s to the 1920s
Creditors, Debtors, and the Law in Victorian and Edwardian England
The Action was outside the Courts: Consumer Injuries and the Uses of Contract in the United States, 1875-1945
List of Contributors
Index
