Rights Versus Conspiracy: A Sociological Essay on the History of Labour Law in the United States
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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Political Economy and Conspiracy Doctrine in
Legal Discourse and the Emergence of Reluctant
Political Economy and the Labour Injunction
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action agreement allowed American arbitration argued articulated association autonomy basis became Boys Market capital capitalist changes claim clause collective bargaining combinations common law concept of property conditions of existence consequences conspiracy doctrine context corporate liberalism criminal critical defined Democratic disciplinary discourses of production discursive structure due process economic effects emergence employers employment relation enforcement exchange-value fact federal force freedom of contract government by injunction ibid ideology important increasing individual industrial relations interest journeymen judicial Justice Klare labour injunction labour law labour rights laissez-faire law's legal discourse Legal Realism legislative means ment ownership particular parties period political position possible property rights protection radical realised reason recognised represented responsible unionism restraint of trade restricted right to self-organisation Section significance simple commodity production sit-down social society specific strategy strike substantive suggests summarised Supreme Court Taft-Hartley Act tion tort undermined wages Wagner Act workers yellow dog contract