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
Labour Protection has not, it is true, by any means reached its full
development either in aim and scope or in organisation. None of those
further demands, however, from various quarters, which I have treated in
this book as within the range of discussion overstep in any essential
degree the limits imposed on Labour Protection, regarded as special and
supplementary intervention of the State.
Even the Auer Motion when carefully examined--if we set aside the
general eight hours day and certain special features of organisation, in
particular its claim to include in its scope the whole of industry--is
not really as extravagant as it appears at first sight; for although
indeed it demands complete Labour Protection for all kinds of industrial
work, it requires only the application of the same special measures as
are also demanded in other quarters, and as I have shown to be
justified, except in a few special cases where it calls for more drastic
measures.
We have seen also that the policy of Labour Protection does not involve
a kind of State intervention hitherto unknown. The State has long
afforded regular administrative and judicial protection to the work of
industrial wage-service, and has even interfered in a special manner in
the case of children, young men, young women and adult women; and for
still longer in the case of adult men, by affording protection in the
way of limitation of employment, truck protection and protection in
occupation, and by affording protection of contract through the
Industrial Regulations, applied to non-factory as well as to factory
labour. The application of protection by limitation of employment is
thus far from being the first exercise of State interference with the
hitherto unrestricted freedom of contract. Nothing will be found in the
developments of protection here dealt with, that has not long ago been
demanded and granted elsewhere, chiefly in England, Austria and
Switzerland.
The economic burden imposed upon the nation by Labour Protection, when
compared with that of Labour Insurance, which we have already, will be
found to be comparatively small. Those measures which call for the
greater sacrifices--protection of married women, and regulation of the
factory ten hours working-day--are recommended on all sides by way of
international uniform regulations.
Freedom of contract will not be impaired, since such adults as are
included under Labour Protection stand in special need of protection,
and are as incapable of self-defence as minors in common law; we have
discussed and proved this contention point by point. This will certainly
soon be recognised generally, even by England and Belgium, whose
representatives at the Berlin Conference laid such stress on freedom of
contract for adults.
An international and internationally administered code for the whole of
Labour Protection is strictly to be avoided.
Public-domain text, read in full here on John Shaqi.
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