Civilization in the United States: An inquiry by thirty Americans
General
Civilization in the United States: An inquiry by thirty Americans
United States -- Civilization
There is, first of all, the attitude of the protestants towards freedom
of contract. They accept the prevailing theory that the relations of
buyer and seller, employer and employé, owner and agent, can safely
be left to the free choice of all concerned. But they point out that
in practice the principle does not give its assumed results. For,
whereas the theory assumes the parties to be equal in their power to
determine the terms of the contract, it is a matter of common knowledge
that employers and labourers occupy unequal bargaining positions.
They would leave relations to be determined by free bargaining;
but, as a preliminary, they would attempt to establish equality of
bargaining power. To that end they would have the contract made by
“collective bargaining” between employers and employés “through
representatives” chosen by each. Moreover, they would use the State
to better the position of the weaker party. Thus legislation has been
passed depriving employers of their right of requiring employés, as
a condition of employment, not to remain members of labour unions.
Although the courts have found such legislation to be “an arbitrary
interference with the liberty of contract which no government can
justify in a free land,” its advocates will insist that their aim has
been only “to establish that equality in position between the parties
in which liberty of contract begins.”
There is, in the next place, a growing opinion among the protestants
that the State is “a moral agent” and should determine the rules under
which business is to be carried on. They point out that in business
there are bad as well as good conditions, that business men engage in
proper as well as in improper practices, and that some activities harm
while others help the community. In many instances the employer finds
it to his advantage to establish conditions which the interests of the
workers and of the consumers require. In others, the elevation of
standards waits upon the pleasure of the most inconsiderate employer.
The prohibition of child labour, the shortening of the working day, and
the payment of a minimum wage may be advantageous alike to labourers
and to the community; yet these innovations involve an increase in cost
and cannot be made against the competition of the producer who will not
establish them. In such cases it is the duty of the State to establish
minimum conditions which must be met by all employers. The imposition
of such standards in no way affects the system under which business is
carried on; for the competition of rival sellers can be just as acute
and just as considerate of the public, if all of them are forced to pay
their employés a living wage, as if they are all free to force wages
down to starvation. Upon this theory the State has established uniform
weights and measures, prohibited the use of deleterious chemicals,
stopped the sale of impure food, provided compensation for the human
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