The Theory and Policy of Labour ProtectionSchäffle, A. (Albert)
General
The Theory and Policy of Labour Protection
Schäffle, A. (Albert)
Labor laws and legislation -- Germany
It is true we have before us an almost overwhelming mass of material in
the way of protocols, reports of commissions, judicial decisions,
resolutions and counter-resolutions, proposals, petitions and motions,
speeches and writings, pamphlets and books. But we are still far from
having, as the result of a clear and comprehensive survey of the whole
of this material, a complete theory of Labour Protection; for the
political problems of Labour Protection, especially those touching the
so-called Maximum Working Day and the organisation of protection, are
more hotly disputed than ever. In spite of the valuable and careful
articles on Labour Protection, in the _Encyclopaedia_, of von Schoenberg
and of Conrad, with their wealth of literary illustration, in spite of
the latest writings of Hitze,[1] which, for moderation and clearness,
vigour of thought, and wealth of material, cannot be too highly
commended, there still remains much scientific work to be done. I myself
have actually undertaken a thorough examination of all this literary and
legislative material, in view of the national and international efforts
of to-day towards the progressive development of Labour Protection, with
the result that I am firmly convinced that both Theory and Policy of
Labour Protection are still deficient at several points, and in fact
that we are far from having placed on a scientific footing the dogmatic
basis of the whole matter.
We have not yet a sufficiently exact definition of the meaning of Labour
Protection, nor a clear distinction between Labour Protection and the
other forms of State-aids to Labour, as well as of other aids outside
the action of the State.
We have not a satisfactory classification of the different forms of
Labour Protection itself with reference to its aim and scope,
organisation and methods.
We still lack--and it was seriously lacking at the Labour Conference at
Berlin--a fundamental agreement as to the grounds on which Labour
Protection is justified, its relation to freedom of contract, and the
advisability of extending it to adults.
The discussion is far from being complete, not only with reference to
the real problems of Labour Protection, but also and especially with
reference to the organs, methods and course of its administration. Many
proposals lie before us, some of which are open to objection and some
even highly questionable.
But we find scarcely any who advocate the simplification and cheapening
of this organisation in connection with the systematised collective
organisation of all matters pertaining to labour, together with the
separation, as far as possible, of such organisation from the regular
administrative organs.
The proposals of Social Democracy with respect to "Labour-boards" and
"Labour-chambers," are hardly known in wider circles, and have nowhere
received the attention to which in my opinion they are entitled.
Public-domain text, read in full here on John Shaqi.
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