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Vol 23 No 3 March/April 2018

Book of the Month

Cover of Scamell and Gasztowicz on Land Covenants

Scamell and Gasztowicz on Land Covenants

Price: £225.00

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Rights Versus Conspiracy

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ISBN13: 9780854965878
ISBN: 0854965874
Published: January 1992
Publisher: Berg Publishers
Format: Hardback
Price: Out of print

Based on Foucaultian as well as on more traditional critical ideas, this study attempts to provide a critical and original account of the historical development of American labour law.;It is argued that only by paying attention to changes in wider legal and social discourses can we fully understand the transformations that have occurred within American labour law and which have resulted in unions ceasing to be regarded as criminal conspiracies and becoming instead the bearers of well-established but still contested legal rights.

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Part 1 From conspiracy to reluctant tolerance: political economy and conspiracy doctrine in the ante-bellum north; legal discourse and the emergence of reluctant tolerance.
Part 2 Government by injunction: political economy and the labour injunction; legal discourse and the possibility of the labour injunction.
Part 3 Some rights for labour: the new deal and the promulgation of some labour rights.
Part 4 Corporate Liberalism and the rights of labour: Corporate Liberalism - hegemony and crisis; labour law and the discourse of responsible unionism.