Law and the Shaping of the American Labor Movement

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Harvard University Press, 1. mai 1991 - 230 sider
Why did American workers, unlike their European counterparts, fail to forge a class-based movement to pursue broad social reform? Was it simply that they lacked class consciousness and were more interested in personal mobility? In a richly detailed survey of labor law and labor history, William Forbath challenges this notion of American “individualism.” In fact, he argues, the nineteenth-century American labor movement was much like Europe’s labor movements in its social and political outlook, but in the decades around the turn of the century, the prevailing attitude of American trade unionists changed. Forbath shows that, over time, struggles with the courts and the legal order were crucial to reshaping labor’s outlook, driving the labor movement to temper its radical goals.

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Innhold

Introduction
1
1 Broad Contexts
10
2 Judicial Review in Labors Political Culture
37
3 Government by Injunction
59
4 SemiOutlawry
98
5 The Language of the Law and the Remaking of Labors Rights Consciousness
128
Conclusion
167
Labor Legislation in the Courts 18851930
177
Approximating the Numbers of Labor Injunctions and Their Relation to Other Strike Statistics 18801930
193
Judicial Treatment of Statutes Seeking to Protect Union Organizing and Action by Revising Equity and Common Law Doctrine
199
Index
205
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