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
There remains the method of legislation. While law follows in the
wake of public opinion in a democracy, industrial betterment often
lags considerably behind the general progress of public intelligence,
and the law can push the backward employer up to the level of the
more enlightened one. The great advantage of the legal method is its
uniformity; it puts all employers and establishments on the same basis.
Moreover, its gains are usually fairly secure. A standard once embodied
in law is harder to break down than a mere trade standard attained by
union pressure, for example. Hence in the case of women workers, where
conditions for individual improvement are unfavorable, where union
methods are difficult of application, the process of readjustment
will doubtless go forward largely by legal enactment. We shall see an
increasing body of law governing the conditions under which women work.
As the community finds that it has no other way of protecting itself
against the injury it suffers from present conditions of employment of
women, it will more and more resort to the prescribing of minimum legal
limits below which they may not be crowded.
Fortunately for progress in this respect, our courts have generally
looked with relative favor on legislation for women. The right of the
state to exercise the police power to protect the health of women for
the sake of future generations is now clearly established in the court
of last resort. All that is necessary for the incorporation of a
new requirement into the legal standard is to convince the courts of
its relation to health--a method employed with success in the Oregon
and Illinois ten-hour cases. Thus far such legislation has dealt
chiefly with hours, but the principle is capable of almost indefinite
extension. As we approach the question of general working conditions
and the more purely economic consideration of wages, the limitations of
the legal method come more clearly into view; none the less the use of
that method must extend beyond the present limits.
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