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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Private Law and Social Inequality in the Industrial Age

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ISBN13: 9780199202362
ISBN: 0199202362
Published: June 2001
Publisher: Oxford University Press
Format: Hardback
Price: £102.50

A promise of equality inherited from revolutionary declarations of rights, enlightened law codes, and constitutions stood at the beginning of the industrial age. Conflicts were inevitable when in reality the law continued to be used, as ever, mostly in support of the rich and powerful. The essays assembled here explore how private law helped to maintain, change, or upset inequalities that were common to all industrialized countries. The book deals with relations between lords and peasants, husbands and wives, masters and servants, landlords and tenants, and producers and consumers. While law-and-society histories have become a growth industry, most studies in this field tend to be limited by national and disciplinary boundaries. This volume goes beyond such boundaries by comparing legal cultures in Britain, Germany, France, and the United States. Taking analogous, although not necessarily simultaneous, conflicts as a starting point, the essays offer insights into different attitudes towards the law and different paths of juridification.

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Willibald Steinmetz, towards a comparative history of legal cultures, 1750-1950; landowners, peasants, and labourers; Raymond Cocks, the private use of public rights - law and social conflict in nineteenth-century rural England; Monika Wienfort, administration of private law or private jurisdiction? The Prussian patrimonial courts, 1820-1848; husbands and wives; Ursula Vogel, fictions of community - property relations in marriage in European and American legal systems of the nineteenth century; Jean-Louis Halperin, husbands, wives, and judges in nineteenth-century France; Ute Gerhard, legal patricularism and the complexity of women's rights in nineteenth-century Germany; Lawrence M. Friedman, a moving target - class, gender, and family law in the nineteenth-century United States; employers and employees; Spiros Simitis, the case of the employment relationship - elements of a comparison; Alain Cottereau, industrial tribunals and the establishment of a kind of common law of labour in nineteenth-century France; Douglas Hay, master and servant in England - using the law in the eighteenth and nineteenth centuries; Willibald Steinmetz, was there a de-juridification of individual employment relations in Britain?; Karen Orren, master and servant law and constitutional rights in the United States during the nineteenth century - a domain-specific analysis; landlords and tenants; David Englander, urban house tenure and litigation in nineteenth-century Britain; Susanna Magri, landlords, tenants, and the law - Paris, 1850-1920; Tilman Repgen, tenancy in Germany between 1871 and 1914 - norms and reality; Richard H. Chused, landlord-tenant courts in New York City at the turn of the twentieth century; producers and consumers; Fabien Valente, usury in France in the nineteenth century; Martin H. Geyer, defining the common good and social justice - popular and legal concepts of Wucher in Germany from the 1860s to the 1920s; Paul Johnson, creditors, debtors, and the law in Victorian and Edwardian England; Edward A. Purcell, Jr., the action was outside the courts - consumer injuries and the uses of contract in the United States, 1875-1945.