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Vol 22 No 7 July/August 2017

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Making of Labour Law in Europe: A Comparative Study of Nine Countries up to 1945

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Edited by: Bob Hepple

ISBN13: 9781841138206
Published: February 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 1986)
Price: £54.99



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This is a re-issue of a book first published in 1986, which charts the origins of the labour laws of nine European countries (the Member States of the EEC in 1979) - Belgium, Britain and Ireland, Denmark, France, Germany, Italy, the Netherlands and Luxembourg. The studies assembled here were originally written by national experts to explain the foundations of their national systems from the beginning of the industrial revolution until 1945. These are not, however, simply historical essays; instead they draw upon the writings of historians, sociologists and other social scientists to explain the origins of labour law in these countries, and also the relationships between them. The book thus provides the essential underpinning to its companion, the new book, The Transformation of Labour Law in Europe (Hart: 2009, ISBN: 9781841138701), which charts the development of labour law in Europe since 1945.

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Subjects:
Employment Law, European Jurisdictions
Contents:
Introduction by Bob Hepple
Aims, Methods and Scope
The 'Social Question' and the Emergence of Labour Law
Economic Development and Industrialisation
The Modernisation of the State
The Character of the Employers' and Labour Movements
Ideology and the Growth of Legal Rationality in Labour Relationships
1. The Evolution of the Contract of Employment
Bruno Veneziani
Introduction
The Removal of Restrictions on Freedom of Contract
Freedom of Movement, the Right to Work and the Right of Assistance
The Guild System
Apprenticeship in the Guild System
Penal Law and the New Social Order
The Work-Book and Penal Sanctions
Breach of Contract and Private Law
Some Pre-Industrial Remnants
Domestic Servants
Agricultural Labourers
Public Servants
Locatio Conductio and the Contract of Service
From Status to Contract
The Evolution of the Location Conductio Model in the Civil Law Systems
The Contract of Service in England
Freedom of Contract and the New Conception of Labour Law
Inequality of the Contracting Principles
The Notion of Subordination
The New Conception of the Contract of Employment
Conslusions
2. Laissez-faire and State Protection of Workers
Thilo Ramm
Laissez-faire and State Protection
The Model: British Protective Legislation until the First World War
Protection for Special Groups of Workers in Other Countries
Children and Young Persons
Women
Disabled Persons
Home-workers
The Protection of All Workers
Protection of Wages
Safety and Health Standards
The Length of the Working Day
The Development of State Inspection
General Observations
3. Welfare Legislation and Wage-Labour
Bob Hepple
Introduction
The Impact of the Industrial Revolution
The Old System of Poor Relief
The Economic and Social Consequences of Industrialisation
The Ideology of Liberalism and Individualism
The New Relief Schemes
The Civil Liability of the Employer for Accidents and Sickness
Mutual Aid
The Bismarckian Reforms in Germany
The Economic and Ideological Background
The Legislation
The Influence of Other Countries
The Development of Legislation on Accidents and Illness at Work
The Emergence of Specific Leglisation
Extensions of the Legislation
The Spread of Insurance
The Development of Protection against Non-Vocational Risks
Old Age, Disability, and Death
Sickness and Maternity
Family Support
Conclusions
4. The Problems of Unemployment
Eliane Vogel-Polsky
Introduction
Specific Policies Related to Unemployment
Labout Exchanges
Public Works Programmes
Emigration
Remediws against the Consequences of Unemployment: Unemployment Insurance
Protection of Workers against Dismissal
General Rukes
Protection of Special Groups
Limitations on the Right to Terminate the Contract
Conclusions
5. Collective Self-Regulation
Antoine Jacobs
Introduction
From Repression to Toleration
Origins and Nature of the Bans on Combinations
The Repeal of the Combination Bans
Specific Trade Union Leglislation
Industrial Disputes and the Criminal Law
From Toleration to Recognition
The Rise of Modern Trade Unions
The Growth of Employers' Associations
The Movement towards Recognition
Conciliation, Mediation and Arbitration
Collective Agreements and the Law
Industrial Disputes and Civil Law
Conclusions
6. Workers' Participation, the Representation of Labour and Special Labour Courts
Thilo Ramm
The Problem
Plant Level
Regional and National Representation of Labour
Approaches towards a Comprehensive System
Special Labour Courts
General Observations
7. Epilogue: The New Ordering of Labour Law 1918-45
Thilo Ramm
The Structure of Labour Law before the First World War
The Establishment of International Labour Law
The Democratic States and Labour Law
The Totalitarian States and Labour Law
The Second World War and Labour Law