Popular Law-making: A study of the origin, history, and present tendencies of law-making by statuteStimson, Frederic Jesup
History
Popular Law-making: A study of the origin, history, and present tendencies of law-making by statute
Stimson, Frederic Jesup
Legislation -- United States
Now the guild, in so far as it was a combination of a trade in a town,
was a perfectly lawful thing; in so far as it bore upon the right of a
man to be a freeman, it was a perfectly lawful thing; it was only from
the other end, from this statute I read as to combinations, that two
or three centuries later they got the notion that a trades-union was
an unlawful thing; so you may say that a trades-union in England has
a lawful root and an unlawful root, and it is rather important to see
from which each class springs. The first case in which the modern
strike was considered was a case known as the Journeymen Tailors'
case, which happened more than two hundred years ago; and in that case
it was definitely held to be an unlawful combination, while the first
case on the modern boycott, where an injunction was awarded, is as
late as 1868, this being the origin of that process which has evoked
so much criticism here, the use of the injunction in labor disputes.
The unskilled laborers in England have never combined; the only people
who combined were the guilds, the skilled men, and in so far as they
combined they did it rather as capitalists, employees, or as freemen,
to govern the town; this was a lawful object; and the guilds rapidly
grew into little aristocracies. They very soon ceased to be journeyman
laborers, and became combinations of employers. Thus, the guild
movement didn't amount to much in bringing about the modern
trades-union or combinations of laboring men; it began before it
occurred to these latter that they also could combine; just as,
even now, it is more difficult among _women_ to get them to join
trades-unions, or for working women to combine; they have not
apparently got into that stage of evolution; and so with the negroes
in the South. But about the end of the eighteenth century you begin to
find the first strikes and combinations of workingmen; and then what
the courts promptly applied to them was not the old line of statutes,
the historical common-law growth, deriving from a guild which in its
origin was a lawful body and so making the union free and lawful, but
naturally--for the magistrates were capitalists and land-owners, and
all the courts were in sympathy with that class--they went back to the
long series of Statutes of Laborers, and said "this is a combination
of workingmen to break the law by getting more than lawful wages,"
and consequently found both combinations unlawful, trades-unions and
strikes, as well as when they were combinations to injure somebody,
what we should now call a boycott.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account