The economic position of womenAcademy of Political Science in the City of New York
History
The economic position of women
Academy of Political Science in the City of New York
Women -- Employment -- United States; Women -- United States -- Economic conditions
In the earlier judicial decisions sustaining the ten-hour laws for
women the existence of this special danger and need was rather assumed
than supported by evidence. The argument for the Oregon law before the
Supreme Court of the United States for the first time laid all stress
and emphasis upon the documentary testimony which had been accumulated
in scientific treatises and official publications, showing the evil
effects of overexertion and overfatigue upon women employed in the
monotonous routine of mechanical labor. In marshaling medical, social
and economic, instead of legal authorities, Mr. Brandeis, the counsel
for the state of Oregon, clearly recognized that if the principle of
freedom of contract is to be accepted as part of the constitution,
the validity of the limitation of hours of labor becomes a question
of fact, which must be answered upon the basis of observation and
experience. The same line of argument was presented still more
elaborately (and again by Mr. Brandeis) in the Illinois case.
Attention was called to the extreme monotony of labor attending the
minute subdivision of manufacturing processes, to the increasing
strain of factory work due to the speeding of machinery, and to the
general baneful effects, moral as well as physical, of overexertion
and overfatigue. It is impossible to glance over the array of extracts
from authoritative sources gathered from different countries without
realizing that an entirely new light is thrown upon the subject of long
hours in industry, with primary and specific reference to the work of
women. A case for the exercise of the police power, even upon its most
conservative basis, is made out such as had never before been presented
when the validity of labor legislation was at issue. A showing of facts
such as this might well induce a court to sanction state interference
with the freedom of contract, while insisting to the fullest extent
upon the same measure of constitutional right for women and men.
Public-domain text, read in full here on John Shaqi.
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