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Private Law and Social Inequality in the Industrial Age
Comparing Legal Cultures in Britain, France, Germany, and the United States
Edited by Willibald Steinmetz
578 pages
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8 figures
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216x138mm
978-0-19-920236-2
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Hardback
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18 May 2000
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This item is printed to order and supplied on a firm sale basis. Items which are printed to order are normally despatched and charged within 5-10 days.
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- * A significant contribution to the field of comparative legal, social, and cultural history
- * Of interest to both historians and legal scholars
- * Crosses the usual boundaries by comparing legal cultures in Britain, France, Germany, and the USA
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.Readership: Historians, lawyers, and social scientists interested in the history of law
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Edited by Willibald Steinmetz, Associate Lecturer, University of Bochum, Germany
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Introduction
Willibald Steinmetz: Towards a Comparative History of Legal Cultures, 1750-1950
Landowners, Peasants, and Labourers
Raymond Cocks: The Private Use of Public Rights: Law and Social Conflict in Nineteenth-Century Rural England
Monika Wienfort: Administration of Private Law or Private Jurisdiction? The Prussian Patrimonial Courts, 1820-1848
Husbands and Wives
Ursula Vogel: Fictions of Community: Property Relations in Marriage in European and American Legal Systems of the Nineteenth Century
Jean-Louis Halpérin: Husbands, Wives, and Judges in Nineteenth-Century France
Ute Gerhard: Legal Patricularism and the Complexity of Women's Rights in Nineteenth-Century Germany
Lawrence M. Friedman: A Moving Target: Class, Gender, and Family Law in the Nineteenth-Century United States
Employers and Employees
Spiros Simitis: The Case of the Employment Relationship: Elements of a Comparison
Alain Cottereau: Industrial Tribunals and the Establishment of a Kind of Common Law of Labour in Nineteenth-Century France
Douglas Hay: Master and Servant in England: Using the Law in the Eighteenth and Nineteenth Centuries
Willibald Steinmetz: Was there a De-juridification of Individual Employment Relations in Britain?
Karen Orren: Master and Servant Law and Constitutional Rights in the United States during the Nineteenth Century: A Domain-Specific Analysis
Landlords and Tenants
David Englander: Urban House Tenure and Litigation in Nineteenth-Century Britain
Susanna Magri: Landlords, Tenants, and the Law: Paris, 1850-1920
Tilman Repgen: Tenancy in Germany between 1871 and 1914: Norms and Reality
Richard H. Chused: Landlord-Tenant Courts in New York City at the Turn of the Twentieth Century
Producers and Consumers
Fabien Valente: Usury in France in the Nineteenth Century
Martin H. Geyer: Defining the Common Good and Social Justice: Popular and Legal Concepts of Wucher in Germany from the 1860s to the 1920s
Paul Johnson: Creditors, Debtors, and the Law in Victorian and Edwardian England
Edward A. Purcell, Jr.: The Action was outside the Courts: Consumer Injuries and the Uses of Contract in the United States, 1875-1945
List of Contributors
Index
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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