The Law of the Labour Market Industrialization, Employment, and Legal Evolution

by Deakin, Simon; Wilkinson, Frank

• ISBN13: 9780198152811
• ISBN10: 0198152817
• Format: Hardcover
• Copyright: 2005-06-16
• Publisher: Oxford University Press

Summary

This book examines the evolution of the contract of employment in Britain through an investigation of changes in its juridical form during and since the industrial revolution. The initial conditions of industrialization and the subsequent growth of a particular type of welfare state have decisively shaped the evolutionary path of British labor and social security law. The implications of this historical perspective for modern conceptualizations of the labor market, and in particular for current proposals to move beyond the employment model, are addressed.

Author Biography

Simon Deakin is Robert Monks Professor of Corporate Governance at the University of Cambridge.
Frank Wilkinson is Emeritus Reader in Applied Economics at the University of Cambridge and Visiting Professor at Birkbeck College, University of London.

Table of Contents

Table of Cases	xi
Table of Statutes	xvi
1. Labour Markets and Legal Evolution	1	(40)
1. Introduction	1	(3)
2. The Institutional Nature of the Contract of Employment	4	(14)
3. Industrialization and Freedom of Contract	18	(8)
4. Legal Evolution	26	(10)
5. The Structure and Argument of the Book	36	(5)
2. The Origins of the Contract of Employment	41	(69)
1. Introduction	41	(3)
2. Pre-capitalist Forms of the Contract of Service	44	(7)
3. The Dismantling of the Corporative System	51	(10)
4. The Master-Servant Regime and its Legacy	61	(13)
5. The Employment Relationship after the Repeal of the Master and Servant Acts	74	(12)
6. The Impact of the Welfare State, Collective Bargaining and the Vertical Integration of the Enterprise	86	(14)
7. The Significance of the Contract of Employment in Contemporary Labour Law	100	(5)
8. Conclusion: the Legal Genealogy of Employment	105	(5)
3. The Duty to Work	110	(90)
1. Introduction	110	(2)
2. Institutions of the Old Poor Law: Settlement and Annual Service	112	(12)
3. Poor Relief and Wages: From Speenhamland to Less Eligibility	124	(10)
4. Less Eligibility and the Legal Structure of the New Poor Law	134	(15)
5. Wage Labour and Social Security	149	(46)
6. Conclusion: the Evolution of the Duty to Work	195	(5)
4. Collective Bargaining and Social Legislation	200	(75)
1. Introduction	200	(4)
2. The Origins of Collective Laissez-faire: Legal Change and Union Growth in the Nineteenth Century	204	(17)
3. The Response of the State to the Rise of Collective Bargaining	221	(22)
4. The Macroeconomic and Fiscal Context of Collective Laissez-faire	243	(13)
5. Incomes Policies: Their Forms, Economic Effects, and Consequences for Collective Bargaining	256	(8)
6. Collective Laissez-faire and Labour Market 'Deregulation'	264	(8)
7. Conclusion: The Legacy of Collective Laissez-faire	272	(3)
5. Competition, Capabilities and Rights	275	(79)
1. Introduction	275	(3)
2. Competition and the Labour Market	278	(12)
3. A Capability-based Approach to Labour Market Regulation	290	(13)
4. Labour Law in Transition	303	(39)
5. Conclusion: Social Rights as the Juridical Expression of Capabilities	342	(12)
Bibliography	354	(21)
Index	375