The Theory and Policy of Labour Protection — John Shaqi
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
The proposed legislation for the protection of labour offers therefore a
wide field for careful and scientific investigation. I have prepared the
following pages as a contribution to this task.
FOOTNOTE:
[1] _Protection for the Labourer!_ Cologne, 1890.
CHAPTER I.
DEFINITION OF LABOUR PROTECTION.
The meaning of the term Labour Protection admits of an extension far
beyond the narrow and precise limits which prevailing usage has assigned
to it, and beyond the sphere of analogous questions actually dealt with
by protective legislation.
In its most general meaning the term comprises all conceivable
protection of every kind of labour: protection of all labour--even for
the self-supporting, independent worker; protection in
service-relations, and beyond this, protection against all dangers and
disadvantages arising from the economic weakness of the position of the
wage-labourer; protection of all, not merely of industrial
wage-labourers; protection not by the State alone, but also by
non-political organs; the ancient common protection exercised through
the ordinary course of justice and towards all citizens, and thus
towards labourers among the rest. All this so far as the actual word is
concerned may be included in the term Labour Protection.
But to use it in this sense would be to incur the risk of falling into a
hopeless confusion as to the questions which lie within the scope of
actual Labour Protection, and of running an endless tilt against
fanciful exaggerations of Labour Protection.
The term Labour Protection, according to prevailing usage and according
to the aim of the practical efforts now being made to realise it, has a
much narrower meaning, and this it is which we must strictly define and
adhere to if we wish to avoid error and misconception. Our first task
shall be to determine this stricter definition; and here we find
ourselves confronted by a series of limitations.
(1) Labour Protection signifies only protection against the special
dangers arising out of service-relations, out of the personal and
economic dependence of the wage-labourer on the employer.
Labour Protection does not apply therefore to independent workers: to
farmers or masters of handicrafts, to independent workers in the fine
arts and liberal professions. Labour Protection applies merely to
wage-labourers.
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