The State In Relation To Labour - Paperback

tate m delation to THE ENGLISH CITIZEN HIS RIGHTS AND RESPONSIBILITIES. THE STATE IN EBLATION TO LABOUR BY W. STANLEY JEVONS, LL D, F R S MACMILLAN AND CO. 1882 PEEFACE. So much, has been written about Labour and Capital and the legislation relating to them that it is scarcely possible to say anything new upon this subject. Not only is there an immense literature of contro versial pamphlets bearing upon the matter, but there is also a superabundance of facts and in formation. What seems now to be needed is a careful attempt to understand the principles of legislation which emerge when we analyse the actions of the Legislature, and the state of public opinion with reference to the conflict of labour and capital and the regulation of industry. The all important point is to explain if possible why, in general, we uphold the rule of laisser faire, and yet in large classes of cases invoke the interference of local or central authorities. This question involves the most delicate and complicated considerations, and the outcome of the inquiry is that we can lay down no hard-and-fast rules, but must treat every case in detail upon its merits. Specific experi vi PREFACE. ence is our best guide, or even express experiment where possible but the real difficulty often consists in the interpretation of experience. We are reduced to balance conflicting probabilities of good and evil. In order, however, to prevent the possible misappre hensions into which a hasty reader of some of the following pages might fall, I may here state that I am a thorough-going advocate of free trade. As the subject of the book does not include foreign com merce I have no opportunity of showing the consist ency of thisdoctrine with such regulation of home industry as I advocate. Concerning the functions and actions of trade societies I have not hesitated to express approval or blame in the freest way but I think the time is come when all bitter terms, all class rancour, and all needless reference to former unfortunate occurrences, should be laid aside. The economic errors of trades unions after all are not worse than those which per vaded the commercial, if not the governing, classes a generation or two ago. One result which clearly emerges from a calm review is that all classes of society are trades-unionists at heart, and differ chiefly in the boldness, ability, and secrecy with which they push their respective interests. PREFACE. vn The necessity of writing briefly has generally prevented me from giving references to authors or quotations of facts and opinions. I must content myself with acknowledging my special indebted ness to certain works such as Professor F. A. Walkers Wages Question Mr. George Howells Conflicts of Capital and Labour Mr. G. J. Holyoakes instructive and amusing History of Co-operation Mr. J. E. Davis excellent treatise on the Labour Laws Mr. Jos. D. Weeks Eeports on the Practical Opera tion of Arbitration and Conciliation Harnsburg, II S. A. the valuable collection of documents con tained in the Beport on Trades Societies, published by the Social Science Association in 1860 the eleven voluminous reports of the Trades Union Commis sioners of 1 8 6 7, especially the masterly memorandum of Sir William Erie upon the Law relating to Trades Unions the Beports of the Labour Laws Commission of 1874, of the Factory Acts Commission, the Factory Inspectors, etc. HAMPSTEAD, KW. April1882. CONTENTS, CHAPTER I. PAGE PRINCIPLES OF INDUSTRIAL LEGISLATION . . l CHAPTER II. DIRECT INTERFERENCE OF THE STATE WITH INDUSTRY 33 CHAPTEB III. THE FACTORY ACTS AND SIMILAR LEGISLATION DIRECTLY AFFECTING LABOURERS . . 52 CHAPTER IY. INDIRECT INTERFERENCE WITH INDUSTRY TRADES UNION LEGISLATION . . .,88 CHAPTER Y. THE LAW OF INDUSTRIAL CONSPIRACY . . 128 CHAPTER YL CO-OPERATION AND INDUSTRIAL PARTNERSHIP . 139 CHAPTER YII. ARBITRATION AND CONCILIATION . . .148 CHAPTER VIII. CONCLUDING REMARKS . . . .164 THE STATE IN KELATION TO LABOUR...