Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955

Front Cover
Douglas Hay, Paul Craven
Univ of North Carolina Press, Oct 12, 2005 - Law - 608 pages
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

 

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Contents

1 Introduction
1
The Law and Its Uses
59
Freedom Bound
117
4 Law and Labor in EighteenthCentury Newfoundland
153
Symbolic and Instrumental Enforcement in Loyalist North America
175
A Workingmans Paradise?
219
Constantly the Subject of Small Struggles
251
The Transition from Slave to Free Legal Status
303
The Defeat of the 1844 Master and Servants Bill
402
The Illusion of Free Labor
422
Immobilizing Plantation Labor
455
Employment Legislation in a Nonsettler Peasant Economy
481
Registration and Rough Justice
498
Bibliography of Secondary Works Cited
529
Contributors
561
Index of Statutes
565

Wharf Rats Centipedes and Pork Knockers
323
Race Contract and Coercion
338
All the Servants in Prison and Nobody to Take Care of the House
365

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About the author (2005)

Douglas Hay is associate professor of law and history at York University. He is coauthor of Eighteenth-Century English Society and coeditor of Policing and Prosecution in Britain, 1750-1850.

Paul Craven is associate professor of labor studies at York University. He is editor of Labouring Lives: Work and Workers in Nineteenth-Century Ontario and author of An Impartial Umpire: Industrial Relations and the Canadian State, 1900-1911.

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