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
What we understand by the maximum working-day--limitation (whether on
grounds of protective policy or of wage policy) of the maximum amount of
labour allowed to be performed within the astronomical day, by confining
it within a certain specified number of hours--might also be called, and
indeed used more frequently to be called, the "normal working-day." It
is better, however, not to employ this alternative designation. When the
word "normal working-day" is used in a special sense, it means something
quite different from the maximum working-day; for it is a unit of social
measurement by means of which it is supposed that we can estimate all
labour performance however varying, both in personal differences and in
differences of kind of work, so that we may arrive at a socially normal
valuation of labour, and a socially normal scale of valuation of
products. It is an artificial common denominator for the regulation of
wages and prices which perhaps may be attained under the capitalist
system, but which ultimately points to a socialistic commonwealth. The
maximum working-day of protective right might exist side by side with
the regulation of a "normal working-day," but it has no essential
connection with it.
Hence we might pass by this normal working-day which is wholly
unconnected with State protection, but we think it necessary to touch
upon it. There still exists a confusion of ideas as to the maximum and
"normal" working-days. The meaning of the latter is not formulated and
fixed in a generally recognised manner. It is quite conceivable, nay
even probable, if the Socialist fermentation among the labouring masses
should increase rapidly, that the proposal of a maximum working-day,
will take the form of the "normal working-day," and that in the very
worst and wildest development of the idea of normal working-time. This
alone affords sufficient reason for our drawing a sharp distinction
between the maximum working-day of protective legislation and the
"normal working-day," and above all for clearly defining the meaning of
the latter.
This is no easy task for several reasons.
The determination of the meaning of "normal working-day" includes two
points: what we mean by fixing a normal, and what we should regard as
"socially normal," _i.e._ just, fair, proportionate, and so on.
The normal working-day would be a State normalised working-day (as
opposed to a restricted working-day) adopted for the purpose of
preventing abnormal social and industrial conditions, and as far as
possible restoring normal relations. This would be the widest meaning of
normal working-day.
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