This article traces corporal and collective punishment in relation to the labour control of slaves and other dependent persons during the Ur III period (c.2100–2000 BCE). Slaves and other dependent persons often worked in related contexts with some overlap in treatment. Persons of different statuses could be detained and forced to work. Persons of various statuses also received rations and other benefits, but the evidence suggests that the most extreme forms of corporal punishment were reserved for slaves. This article, however, contextualizes these threats of mutilation and the death penalty, demonstrating that such punishments should be considered the exception and not the norm.
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.
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.
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.