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 aim of Labour Protection for the worker individually lies far beyond
mere industrial protection. Protection of labour extends to the person
of individual labourers and their freedom as regards religious
education, instruction, learning, and teaching, social intercourse,
morality and health, and especially does it afford to every man security
of family life.
In this social and individual aim lies its justification, subject to
certain conditions. These conditions we have already examined.
The first condition is, that special protection shall only be used to
guard against distinct dangers arising out of employment in service.
Next, Labour Protection is only justified in dealing with such dangers
as cannot or can no longer be adequately guarded against by any or all
of the old forms of protection, viz., self-help, family protection,
private agencies and non-governmental corporate agencies, or the
protection of the regular administrative and judicial authorities, and
even with such dangers only so far as is absolutely necessary. And
lastly, the extraordinary State protection contained in the several
labour-protective enactments must be adapted to the suppression of such
dangers altogether.
Bearing in mind these conditions, it will be found on examination of the
several measures of Labour Protection, as they appear in the resolutions
of the Berlin Conference and in the _von Berlepsch_ Bill, that not one
of them oversteps these limits. The labour protective code as already
existing, and as projected by government, nowhere stretches its
authority beyond the specified point, either in its scope, extension or
organisation; at present it rather errs on the side of caution, and in
many respects it does not go nearly so far as it might. This also I
claim to have shown in the foregoing pages. This fact alone fully
justifies the policy of Labour Protection as at present projected by the
German government.
It is in nowise intended (as shown in Chaps. IV. to X.) by this
protective policy to supplant and replace free self-protection and
mutual protection, or the ordinary State protection of common law.
No addition to Labour Protection will be permitted except where special
need exists.
In no case shall a larger measure of protection be afforded than
necessary. There is no question of treating all and everywhere alike the
various classes of industrial wage-labour needing protection. But rather
that complete elasticity of treatment is accorded, which is required in
view of the variety of needs for protection and of the different degrees
of difficulty of applying it; it is this variety which necessitates
extraordinary State intervention, extraordinary alike in scope, basis
and organisation.
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