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Absolute Obedience: Servants and Masters on Danish Estates in the Nineteenth Century 绝对服从:19世纪丹麦庄园的仆人和主人
IF 0.8 2区 历史学 Q1 HISTORY Pub Date : 2023-03-02 DOI: 10.1017/s0020859022000918
Dorte Kook Lyngholm

This article examines legal relations between estate owners and their servants and workers on Danish estates in the nineteenth century. From the end of the eighteenth century onwards, the traditional privileged role of Danish estate owners was changing, and their special legal status as “heads of household” over the entire population on their estates was slowly being undermined. The article investigates the relationship between estate owners and their servants and workers in legislation and court cases during these times of change. It examines the Danish servant acts from 1791 and 1854 and identifies the asymmetric order of subordination and superiority in this legislation. The core of the relationship was still a “contractual submission” that, to some extent, was private and unregulated by law, and estate owners were entitled to impose sanctions and physical punishment on their servants and workers according to their own judgement. When the Servant Law of 1854 abolished estate owners’ right to punish adult servants physically, it was a significant break from the old legal order. However, a central element in the legislation, before and after 1854, was that servants’ and workers’ disobedience towards estate owners was illegal. By analysing court cases, the article examines the borderlands of the legal definition of disobedience. The elasticity in the legal system was substantial – and frequently favoured the owners. In the legal system, the notion of disobedience served to protect the last remnants of the traditional legal order of submission and superiority.

本文考察了19世纪丹麦庄园中庄园所有者与其仆人和工人之间的法律关系。从18世纪末开始,丹麦地产所有人的传统特权角色正在发生变化,他们作为整个地产人口的“户主”的特殊法律地位正在慢慢被削弱。本文考察了在这一变革时期的立法和法院案件中,庄园所有者与他们的仆人和工人之间的关系。本文考察了从1791年到1854年的丹麦仆人法案,并确定了该立法中从属和优越的不对称顺序。这种关系的核心仍然是一种“合同服从”,在某种程度上是私人的,不受法律管制,庄园所有者有权根据自己的判断对仆人和工人施加制裁和体罚。1854年的《仆人法》废除了庄园主人对成年仆人进行体罚的权利,这是对旧法律秩序的重大突破。然而,在1854年前后,立法的一个核心要素是,仆人和工人对庄园主人的不服从是非法的。本文通过对法庭案例的分析,考察了不服从的法律定义的边界。法律体系的弹性很大,而且往往有利于业主。在法律体系中,不服从的概念保护了传统法律秩序的最后残余,即服从和优越。
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引用次数: 1
Moving to Your Place: Labour Coercion and Punitive Violence against Minors under Guardianship (Charcas, Sixteenth through Eighteenth Centuries) 搬到你的地方:对未成年人的劳动强迫和惩罚性暴力(查卡斯,16至18世纪)
IF 0.8 2区 历史学 Q1 HISTORY Pub Date : 2023-03-02 DOI: 10.1017/S0020859022000888
Paola A. Revilla Orías
Abstract This article examines the experience of minors at the intersection of guardianship, domestic servitude (free and unfree labour), and punitive violence in Charcas (Bolivia) in the sixteenth through eighteenth centuries. The author proposes that the study of the role of punishment in the lives of working children and adolescents allows us to question how practices that occurred under the legal cloak of guardianship – in which many members of colonial society participated – were used as a hidden practice of domination that sought to reproduce servitude based on certain origins from an early age. In this context, punitive violence exercised by masters and lords would have been at the core of prevailing prejudices about ethnic and racial difference.
本文考察了16世纪至18世纪玻利维亚查尔卡斯(Charcas)未成年人在监护、家庭奴役(自由和非自由劳动)和惩罚性暴力的交叉点上的经历。作者提出,对惩罚在劳动儿童和青少年生活中的作用的研究使我们能够质疑,在监护的法律外衣下发生的做法- -殖民地社会的许多成员都参与其中- -是如何被用作一种隐藏的统治做法的,这种做法试图从早期就根据某些起源再现奴役。在这种情况下,主子和领主实施的惩罚性暴力将是关于族裔和种族差异的普遍偏见的核心。
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引用次数: 0
The Political Economy of Punishment: Slavery and Violence in Nineteenth-Century Brazil and the United States 惩罚的政治经济学:19世纪巴西和美国的奴隶制和暴力
IF 0.8 2区 历史学 Q1 HISTORY Pub Date : 2023-02-28 DOI: 10.1017/S0020859022000876
Marcelo Rosanova Ferraro
Abstract This article analyzes slave resistance, capital crimes, and state violence in the Mississippi Valley and the Paraíba Valley – two of the most dynamic plantation economies of the nineteenth century. The research focused on the intersection between slavery and criminal law in Brazil and the United States. The analysis of capital crimes committed by enslaved people in Natchez and Vassouras revealed changing patterns of resistance and judicial punishment through the decades. This investigation demonstrated that local experiences of violence on plantations and in courtrooms were connected to the dynamics of national politics and the world economy. Moreover, this comparative study illuminated differences between these racialized slave societies and their political systems and revealed the essence of distinct regimes of racial violence in the Americas.
本文分析了19世纪最具活力的两个种植园经济——密西西比河谷和Paraíba河谷——的奴隶反抗、死刑犯罪和州暴力。这项研究的重点是巴西和美国的奴隶制和刑法之间的交集。对纳齐兹和瓦苏拉斯被奴役者犯下的死刑罪行的分析揭示了几十年来反抗和司法惩罚模式的变化。这项调查表明,当地对种植园和法庭的暴力经历与国家政治和世界经济的动态有关。此外,这一比较研究阐明了这些种族化的奴隶社会及其政治制度之间的差异,揭示了美洲不同种族暴力制度的本质。
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引用次数: 0
The 1886 Southwest Railroad Strike, J. West Goodwin's Law and Order League, and the Blacklisting of Martin Irons 1886年西南铁路罢工,古德温的法律与秩序联盟,以及马丁·艾恩斯的黑名单
IF 0.8 2区 历史学 Q1 HISTORY Pub Date : 2023-02-27 DOI: 10.1017/s0020859023000020
Chad Pearson

This article explores blacklisting practices following the massive 1886 Southwest strike staged by the Knights of Labor (KOL) against Jay Gould's railroad empire. It focuses mostly on strike leader Martin Irons and blacklisting advocate and newspaperman J. West Goodwin. The strike, which started in Sedalia, Missouri, before spreading to other states, was a disaster for the KOL. The union declined in its aftermath chiefly because of the repression unleashed by public and private forces, including businessmen-led Law and Order Leagues. After the strike, employers blacklisted many, including strike leader and Sedalia resident Martin Irons. Irons, constantly on the move, suffered from joblessness, underemployment, arrests, and broken health before he died in central Texas in 1900. Few blacklisting advocates wanted Irons to suffer more than J. West Goodwin. The Law and Order League leader and newspaperman repeatedly wrote about what he considered Martin Irons's moral lapses and shortsightedness. By focusing on Goodwin's promotion of blacklisting and Irons's post-strike struggles, this essay helps us better appreciate the underexplored dimensions of this form of punishment.

这篇文章探讨了1886年由劳工骑士团(Knights of Labor, KOL)发起的针对杰伊·古尔德(Jay Gould)铁路帝国的大规模西南罢工后,将工会列入黑名单的做法。它主要关注罢工领袖马丁·艾恩斯和黑名单倡导者和新闻记者j·韦斯特·古德温。这次罢工从密苏里州的锡代利亚开始,然后蔓延到其他州,对KOL来说是一场灾难。工会衰落的主要原因是公共和私人力量的镇压,包括商人领导的法律与秩序联盟。罢工结束后,雇主将许多人列入黑名单,其中包括罢工领袖、锡代利亚居民马丁·艾恩斯。艾恩斯一直四处漂泊,在1900年死于德克萨斯州中部之前,他遭受了失业、未充分就业、被捕和健康状况不佳的折磨。很少有黑名单倡导者希望艾恩斯遭受比j·韦斯特·古德温(J. West Goodwin)更大的痛苦。这位法律与秩序联盟的领导人和新闻记者多次撰文批评马丁·艾恩斯的道德缺失和目光短浅。通过关注古德温对黑名单的推广和艾恩斯罢工后的斗争,这篇文章帮助我们更好地理解了这种惩罚形式未被探索的维度。
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引用次数: 0
Caught In-Between: Coerced Intermediaries in the Jails of Colonial India 夹在中间:殖民时期印度监狱中被胁迫的中间人
IF 0.8 2区 历史学 Q1 HISTORY Pub Date : 2023-02-22 DOI: 10.1017/S0020859023000044
Michaela Dimmers
Abstract This article analyses the role coerced intermediaries had on colonial power and authority in the prisons of British India. Coerced intermediaries in this context were convicts placed in positions of control by the colonial prison administration as warders, overseers, and night watchmen and night watchwomen, summarized here under the term “convict officers”. These convict officers were employed by the colonial authorities to maintain a coercive order and became essential to the exercise of colonial authority and control in the prisons of British India. The article argues that with their employment, the colonial administration created a third group within its prisons, situated between the colonial administration and the inmates. This contradictory practice blurred the lines of colonial control and authority and raises larger questions about intermediation by unfree and coerced people in unfree and coerced colonial contexts. The focus here is not so much on what intermediation is but on what it does. At the same time, the article relates the system of convict officers as intermediaries to the theoretical concepts used by Foucault and Goffman and questions the binarity used in most of their theories.
摘要本文分析了在英属印度的监狱中,强迫中介对殖民权力和权威的作用。在这种情况下,被胁迫的中间人是被殖民地监狱管理部门安置在控制职位上的囚犯,如狱吏、监工、夜间守夜人和夜间守夜人,在这里总结为“囚犯官员”。这些被判刑的官员受雇于殖民当局,以维持强制秩序,并成为在英属印度的监狱中行使殖民权力和控制的关键人物。文章认为,由于雇用了这些人,殖民当局在其监狱内创造了位于殖民当局和囚犯之间的第三个群体。这种相互矛盾的做法模糊了殖民控制和权威的界限,并提出了更大的问题,即在不自由和受胁迫的殖民背景下,由不自由和受胁迫的人进行调解。这里的重点不在于中介是什么,而在于它能做什么。同时,本文将罪犯作为中介的制度与福柯和戈夫曼所使用的理论概念联系起来,并对他们大多数理论中使用的二元性提出质疑。
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引用次数: 0
The Work of Retirement 退休后的工作
IF 0.8 2区 历史学 Q1 HISTORY Pub Date : 2023-02-20 DOI: 10.1017/s0020859023000196
Jeffrey Sklansky

In the past few decades, caregivers, such as nursing assistants and home health aides, have come to compose the fastest-growing segment of the paid workforce in the United States. At the same time, corporate caretakers of workers’ savings, such as pension funds and mutual funds, have become the nation's largest investors, bound by fiduciary duties of trust. And unprecedented numbers of elder employees and retirees have become the biggest supposed beneficiaries of both care labor and trust capital, depending on health workers and asset managers in their daily lives. At the center of this emerging structure of work, wealth, and welfare lies the pension system, a telling crucible of class relations in our time. Several recent books across different disciplines examine the shifting politics of pensions in the United States and around the world. The spate of new studies presents an opportunity to explore the remarkable role of retirement funds in reorganizing labor and finance over the past fifty years. Rather than offering a historiographical critique of current work, this expository essay surveys the main findings of a larger and longer body of scholarship on organized labor and investment related to pensions. Though focused on the United States, it places the American story in a comparative context. The survey points to a fertile field for further study: as retirees have increasingly relied on professional asset managers and caregivers, the finance and health sectors have undergone converging crises over fiduciary duty and elder care, posing parallel challenges for organized labor.

在过去的几十年里,护理人员,如护理助理和家庭健康助理,已经成为美国有偿劳动力中增长最快的部分。与此同时,管理工人储蓄的企业,如养老基金和共同基金,受到信托信托责任的约束,已成为美国最大的投资者。而且,数量空前的老年雇员和退休人员已经成为护理劳动力和信托资本的最大受益者,他们的日常生活依赖于医疗工作者和资产管理公司。这种新兴的工作、财富和福利结构的核心是养老金制度,它是我们这个时代阶级关系的一个明显的坩埚。最近几本跨越不同学科的书研究了美国和世界各地养老金政治的变化。大量的新研究提供了一个机会来探索退休基金在过去五十年中重组劳动力和金融的显着作用。而不是提供一个史学的批评当前的工作,这篇说明文调查的主要发现一个更大的和更长的机构的奖学金有组织的劳动和投资相关的养老金。虽然这本书关注的是美国,但它把美国的故事放在一个比较的背景下。该调查指出了一个可供进一步研究的广阔领域:随着退休人员越来越依赖专业资产管理公司和护理人员,金融和卫生部门在受托责任和老年人护理方面经历了共同的危机,对有组织的劳工构成了平行的挑战。
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引用次数: 4
“Full Rights” Feminists in South Asia: Freedom, Equality, and Justice – ERRATUM 南亚的“充分权利”女权主义者:自由、平等与正义
2区 历史学 Q1 HISTORY Pub Date : 2023-02-08 DOI: 10.1017/s0020859023000056
Samita Sen
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{"title":"“Full Rights” Feminists in South Asia: Freedom, Equality, and Justice – ERRATUM","authors":"Samita Sen","doi":"10.1017/s0020859023000056","DOIUrl":"https://doi.org/10.1017/s0020859023000056","url":null,"abstract":"An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button.","PeriodicalId":46254,"journal":{"name":"International Review of Social History","volume":"131 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136175648","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Regulating Labour through Foreign Punishment? Codification and Sanction at Work in New Kingdom Egypt 通过涉外处罚规范劳动?新王国埃及的编纂与制裁
IF 0.8 2区 历史学 Q1 HISTORY Pub Date : 2023-01-17 DOI: 10.1017/S0020859022000852
Alex A. Loktionov
Abstract This paper investigates two New Kingdom Egyptian texts pertaining to labour regulation: the Karnak Decree of Horemheb and the Nauri Decree of Seti I. They focus on combating the unauthorized diverting of manpower and represent the oldest Egyptian texts (fourteenth–thirteenth century BCE) explicitly concerned with the legal dimension of managing the workforce. After a brief historical overview, the paper outlines each text's key content and stylistic features. It shows that while some of these are likely native to Egypt, others may have been imported from Mesopotamia. More specifically, it appears that the sentence structure is native Egyptian, but the sanctions deployed are likely of foreign origin, aligning more closely to the contemporary punitive tradition of Mesopotamia. This is probably no coincidence, given the close contact between Egypt and the broader Near East at that time. This uptake of foreign ideas may have achieved more efficient labour regulation by enforcing stricter rules for non-compliance while simultaneously maintaining a veneer of Egyptian authenticity in line with official state ideology.
本文研究了埃及新王国关于劳动法规的两个文本:霍伦海布的卡纳克法令和塞提i的瑙里法令。它们侧重于打击未经授权的人力转移,并代表了最古老的埃及文本(公元前14 - 13世纪)明确涉及管理劳动力的法律层面。在简要的历史概述之后,本文概述了每个文本的主要内容和风格特征。这表明,虽然其中一些可能是埃及本土的,但其他可能是从美索不达米亚进口的。更具体地说,它的句子结构似乎是埃及本土的,但所采用的制裁措施可能来自外国,更接近于美索不达米亚当代的惩罚传统。考虑到当时埃及与广大近东地区的密切联系,这可能不是巧合。这种对外国思想的吸收,可能通过对违规行为实施更严格的规定,实现了更有效的劳动监管,同时保持了埃及的真实性,与官方的国家意识形态保持一致。
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引用次数: 0
Status, Power, and Punishments: “Household Workers” in Late Imperial China 地位、权力与惩罚:帝制晚期中国的“家仆”
IF 0.8 2区 历史学 Q1 HISTORY Pub Date : 2023-01-16 DOI: 10.1017/S002085902200089X
Claude Chevaleyre
Abstract In the past four decades or so, China scholars have shone a new light on the history of labour in late imperial China, particularly on the role of the household as a unit of production and on the contribution of women to commercial production and family income. Beyond members of the kin group itself, attention is seldom paid to the individuals brought into the Chinese households solely to provide additional manpower. To “break the carapace” of the late imperial Chinese household, this article focuses on the often-omitted “household workers”, that is, on its enslaved (nubi) and hired (gugong) constituents. It approaches the topic from the angle of the vulnerability of these non-kin “workers” to punishments and violence. To evaluate their vulnerability to punishment and gauge the disciplinary powers of the household heads, it examines the relationship between punishments and “household workers” in Ming law. It then explores lineage regulations, before moving closer to the ground by mobilizing a wider variety of day-to-day sources, such as contracts and narrative sources produced in the context of the late Ming and early Qing crisis.
在过去四十年左右的时间里,中国学者对帝制晚期中国的劳动历史有了新的认识,特别是对家庭作为生产单位的作用以及妇女对商业生产和家庭收入的贡献。除了亲属群体本身的成员之外,人们很少注意到仅仅为了提供额外的人力而被带到中国家庭的个人。为了“破甲壳”,本文将重点放在经常被忽略的“家工”上,即其奴役(奴比)和雇佣(锣鼓)的组成部分。它从这些非亲属“工人”对惩罚和暴力的脆弱性的角度来探讨这个话题。为了评估户主对惩罚的脆弱性和衡量户主的惩戒权力,本文考察了明法中惩罚与“家奴”的关系。然后,在通过动员更广泛的日常来源(如明末清初危机背景下产生的合同和叙事来源)更接近地面之前,它探讨了世系法规。
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引用次数: 0
“They Have No Property to Lose”: The Impasse of Free Labour in Lombard Silk Manufactures (1760–1810) “他们没有财产可以失去”:伦巴第丝绸制造业自由劳动的僵局(1760-1810)
IF 0.8 2区 历史学 Q1 HISTORY Pub Date : 2023-01-16 DOI: 10.1017/s002085902200092x
Lorenzo Avellino

With the abolition of the guild system and the rise of a new legal regime based on free contract, a central dilemma emerged in Europe: how to enforce labour control in this new era of individual economic freedom. This article examines how this issue was addressed in the State of Milan, where ideas about freedom of contract championed by state reformers such as Pietro Verri and Cesare Beccaria were met with continued requests from merchant-manufacturers to apply corporal punishment and threat of imprisonment to ensure workers’ attendance. Analysing the new regulations, the ideological credos of the new regime, and the effectiveness of the reforms as they played out on the ground in the silk industry, this article shows that the chance that labour relations could be managed within a civil law regime appeared to be in direct contrast with the dominant conception of workers’ conditions, in particular their lack of propriety and good faith. As credit-debt bonds and limitations to weavers’ mobility stood as the most effective means to ensure labour coercion, a closer look at the daily interactions in the workshop allows us to shed new light on the rationality of workers’ practices like Saint Monday, cast by contemporary commentators in merely moralistic terms.

随着行会制度的废除和基于自由契约的新法律制度的兴起,欧洲出现了一个核心难题:如何在这个个人经济自由的新时代加强对劳动力的控制。这篇文章考察了这个问题在米兰是如何解决的,在米兰,国家改革者如Pietro Verri和Cesare Beccaria所倡导的关于合同自由的想法,遇到了商人制造商不断要求使用体罚和监禁威胁来确保工人出勤的要求。本文分析了新法规、新政权的意识形态信条以及改革在丝绸行业中发挥的效果,表明在民法制度下管理劳资关系的机会似乎与工人条件的主导观念形成了直接对比,特别是他们缺乏适当和诚信。由于信用债务债券和对织工流动性的限制是确保劳动强制的最有效手段,因此,仔细观察车间中的日常互动,可以让我们对工人实践的合理性有新的认识,比如圣星期一,这是当代评论家仅仅从道德角度来看待的。
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引用次数: 0
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International Review of Social History
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