By Douglas Hay, Paul Craven
Grasp and servant acts, the cornerstone of English employment legislation for greater than 400 years, gave principally unsupervised, inferior magistrates vast discretion over employment relatives, together with the facility to whip, superb, and imprison males, girls, and kids for breach of personal contracts with their employers. The English version used to be followed, transformed, and reinvented in additional than one thousand colonial statutes and ordinances regulating the recruitment, retention, and self-discipline of staff in outlets, mines, and factories; on farms, in forests, and on plantations; and at sea. This assortment provides the 1st built-in comparative account of employment legislation, its enforcement, and its significance during the British Empire.Sweeping in its geographic and temporal scope, this quantity checks the connection among enacted legislations and enforced legislations in assorted settings, with diversified social and racial buildings, assorted economies, and assorted constitutional relationships to Britain. Investigations of the enforcement of grasp and servant legislation in England, the British Caribbean, India, Africa, Hong Kong, Canada, Australia, and colonial the United States shed new mild at the nature of legislation and felony associations, the position of inferior courts in compelling functionality, and the definition of "free hard work" inside of a multiracial empire.
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Example text
Engerman has always recognized the duality of coercion and consent in indentured labor, but the development of his work might be seen as a gradual concession that economic factors are strongly conditioned by others, and notably by the law: what starts as economic history increasingly sounds like a prospectus for sociolegal history. 92 Local studies continue to produce evidence of the importance of penal law and its symbiotic connection with vagrancy and other criminal legislation in the West Indies, as in Africa and elsewhere in the empire.
Of any particular work puts away dismisses or discharges such servant before the completion of his contract such employer unless he . . Once again, the similarities are palpable despite the obvious differences. Of course, we do not suggest that by demonstrating that two statutes have a sequence of twenty-one words in common, or mostly in common, we have proved the one to have been borrowed or adapted from the other. We do suggest that the accumulation of such similarities is strong internal evidence for such transmission, and in many cases is the only accessible evidence, especially for large-scale comparisons.
J. Ward, British West Indian Slavery. . R. Allen, Slaves, Freedmen, and Indentured Labourers. . . Engerman has always recognized the duality of coercion and consent in indentured labor, but the development of his work might be seen as a gradual concession that economic factors are strongly conditioned by others, and notably by the law: what starts as economic history increasingly sounds like a prospectus for sociolegal history. 92 Local studies continue to produce evidence of the importance of penal law and its symbiotic connection with vagrancy and other criminal legislation in the West Indies, as in Africa and elsewhere in the empire.