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"Constitutional law versus justices'...

Frank, Christopher Joseph.

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"Constitutional law versus justices' justice": English trade unions, lawyers, and the magistracy, 1842--1862.

紀錄類型:	書目-電子資源 : Monograph/item
正題名/作者:	"Constitutional law versus justices' justice": English trade unions, lawyers, and the magistracy, 1842--1862./
作者:	Frank, Christopher Joseph.
面頁冊數:	459 p.
附註:	Source: Dissertation Abstracts International, Volume: 64-08, Section: A, page: 3035.
Contained By:	Dissertation Abstracts International64-08A.
標題:	History, European. -
電子資源:	http://pqdd.sinica.edu.tw/twdaoapp/servlet/advanced?query=NQ82785
ISBN:	0612827852

"Constitutional law versus justices' justice": English trade unions, lawyers, and the magistracy, 1842--1862.
Frank, Christopher Joseph.

"Constitutional law versus justices' justice": English trade unions, lawyers, and the magistracy, 1842--1862. - 459 p.

Source: Dissertation Abstracts International, Volume: 64-08, Section: A, page: 3035.

Thesis (Ph.D.)--York University (Canada), 2003.

This dissertation examines the tactics, arguments and rhetoric utilized during a sustained legal and political campaign by trade unions and a few radical solicitors against the penal sanctions of employment law during the mid-nineteenth century. Trade union representatives used every legal and political tool available to obstruct imprisonment for breach of contract under the master and servant acts (and to a lesser extent, offences under the 1825 Combination Laws Repeal Amendment Act). Many of the arguments used both inside and outside of the courtroom during these years became central to subsequent lobbying efforts before Parliament that ultimately led to the repeal of imprisonment under the these acts in 1875. The central argument of this dissertation is that Labour's legal representatives enjoyed considerable success before the courts during the 1840s, not because those who made and administered public policy sympathized with trade union goals, but because radical solicitors skillfully framed issues to reflect wider concerns and ideologies held by many judges and members of Parliament. During the 1840s trade unions pursued a strategy of legally, rhetorically, and politically attacking abuses of power by magistrates at a moment when the summary judicial powers of these officers had become a renewed controversy before Parliament. Attorneys capitalized upon the strict legal formalism of the high courts, and the hardening rules of precedent, to challenge magistrates' rulings with writs of certiorari and habeas corpus. In doing this, labour representatives were instrumental in the development of the laws and procedures followed in magistrates' summary hearings. Though this strategy furthered the trade union cause in the short term, it also contributed to pressure upon Parliament for wide ranging reform of the magistracy. These reforms paradoxically hindered trade union efforts after the mid 1850s.

ISBN: 0612827852Subjects--Topical Terms:

1018076
History, European.

"Constitutional law versus justices' justice": English trade unions, lawyers, and the magistracy, 1842--1862.
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520 $a This dissertation examines the tactics, arguments and rhetoric utilized during a sustained legal and political campaign by trade unions and a few radical solicitors against the penal sanctions of employment law during the mid-nineteenth century. Trade union representatives used every legal and political tool available to obstruct imprisonment for breach of contract under the master and servant acts (and to a lesser extent, offences under the 1825 Combination Laws Repeal Amendment Act). Many of the arguments used both inside and outside of the courtroom during these years became central to subsequent lobbying efforts before Parliament that ultimately led to the repeal of imprisonment under the these acts in 1875. The central argument of this dissertation is that Labour's legal representatives enjoyed considerable success before the courts during the 1840s, not because those who made and administered public policy sympathized with trade union goals, but because radical solicitors skillfully framed issues to reflect wider concerns and ideologies held by many judges and members of Parliament. During the 1840s trade unions pursued a strategy of legally, rhetorically, and politically attacking abuses of power by magistrates at a moment when the summary judicial powers of these officers had become a renewed controversy before Parliament. Attorneys capitalized upon the strict legal formalism of the high courts, and the hardening rules of precedent, to challenge magistrates' rulings with writs of certiorari and habeas corpus. In doing this, labour representatives were instrumental in the development of the laws and procedures followed in magistrates' summary hearings. Though this strategy furthered the trade union cause in the short term, it also contributed to pressure upon Parliament for wide ranging reform of the magistracy. These reforms paradoxically hindered trade union efforts after the mid 1850s.
520 $a This dissertation will contribute to our understanding of the relationship between workers, unions, and the law by investigating labour litigation in its full local and national context. This project demonstrates the ways in which union-funded litigation was central to the development of the trade union movement. It also examines popular understandings of the law and its legitimacy, and their effect upon the relationship between organized labour and the law. It illuminates connections between union funded litigation and law reform that have been under-explored. Finally, it will attempt to make a broader statement about the role of the law in Victorian society at mid-century.
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