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The Shaping Of The American Labor Movement By William E. Forbath

Decent Essays

In Law and the Shaping of the American Labor Movement, William E. Forbath separates himself from classical accounts of labor history. Forbath disagrees with traditional views that law played a meager role in the shaping of the labor movement; in fact, he argues that the law, specifically the judiciary branch, “shaped labor’s strategic calculus” and “altered labor’s ideology.”
In Chapter 1, Forbath discusses the presence of the courts in the 19th century and rejects the notion of American exceptionalism. Regarding the intervention of workers’ movements, Forbath refers to cases and quantitative data to show “judicial actions” and “judge-made state policy” made the judiciary the center of law in 19th century America. Also, Forbath cites quantitative studies as he states American workers were no more individualistic than their European counterparts and that “workers’ disposition toward collective action was greater in the United States than in most European nations.” Consequently, Forbath draws a connection between the growing presence of courts and lack of individualism in American labor. …show more content…

Despite whatever legislative success Gilded Age labor had, it was the court system, according to Forbath, that “principally determined how labor legislation, once passed, would fare.” In the same way, it was the courts that, as they gained more of a foothold in labor law, shaped labor’s political outlook and tamed their ideologies. Specifically, the labor movement, as they continued to lose ground in the courts, and in contrast with previous thought, began to divide its people into a “dependent class of women, children and men in certain dangerous [jobs]” and an independent class of adult men. Undoubtedly, this harmed their sense of group

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