{"title":"1349-1400 年黑死病之后英格兰国家劳动立法的实施情况","authors":"Mark Bailey","doi":"10.1111/ehr.13355","DOIUrl":null,"url":null,"abstract":"<p>The responses of labour markets to global pandemics are attracting renewed interest, although the English labour laws in response to the Black Death of 1348/9 – capping wages, imposing annual contracts, and restricting mobility – have a long and established scholarship. The conventional wisdom is that the legislation represented an extension of existing local practices and created common cause among all categories of employer. Yet this view is hard to reconcile with the fact that, despite subsequent revisions, the legislation soon failed. These arguments are tested through original research into how the legislation was actually enforced in a variety of legal tribunals (manorial, borough, and royal). A clear distinction is maintained between public presentments and private litigation, and a robust methodology is pursued to record their absence as well as quantifying their presence. This casts new light on the novelty of the labour laws, the reasons for their failure, and their influence on contract law. The analysis exemplifies the potential for short-term legal responses to infectious diseases to have unintended and unanticipated long-term consequences.</p>","PeriodicalId":47868,"journal":{"name":"Economic History Review","volume":"78 2","pages":"529-552"},"PeriodicalIF":1.4000,"publicationDate":"2024-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://onlinelibrary.wiley.com/doi/epdf/10.1111/ehr.13355","citationCount":"0","resultStr":"{\"title\":\"The implementation of national labour legislation in England after the Black Death, 1349–1400\",\"authors\":\"Mark Bailey\",\"doi\":\"10.1111/ehr.13355\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<p>The responses of labour markets to global pandemics are attracting renewed interest, although the English labour laws in response to the Black Death of 1348/9 – capping wages, imposing annual contracts, and restricting mobility – have a long and established scholarship. The conventional wisdom is that the legislation represented an extension of existing local practices and created common cause among all categories of employer. Yet this view is hard to reconcile with the fact that, despite subsequent revisions, the legislation soon failed. These arguments are tested through original research into how the legislation was actually enforced in a variety of legal tribunals (manorial, borough, and royal). A clear distinction is maintained between public presentments and private litigation, and a robust methodology is pursued to record their absence as well as quantifying their presence. This casts new light on the novelty of the labour laws, the reasons for their failure, and their influence on contract law. The analysis exemplifies the potential for short-term legal responses to infectious diseases to have unintended and unanticipated long-term consequences.</p>\",\"PeriodicalId\":47868,\"journal\":{\"name\":\"Economic History Review\",\"volume\":\"78 2\",\"pages\":\"529-552\"},\"PeriodicalIF\":1.4000,\"publicationDate\":\"2024-05-24\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://onlinelibrary.wiley.com/doi/epdf/10.1111/ehr.13355\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Economic History Review\",\"FirstCategoryId\":\"98\",\"ListUrlMain\":\"https://onlinelibrary.wiley.com/doi/10.1111/ehr.13355\",\"RegionNum\":1,\"RegionCategory\":\"历史学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"ECONOMICS\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Economic History Review","FirstCategoryId":"98","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/ehr.13355","RegionNum":1,"RegionCategory":"历史学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"ECONOMICS","Score":null,"Total":0}
The implementation of national labour legislation in England after the Black Death, 1349–1400
The responses of labour markets to global pandemics are attracting renewed interest, although the English labour laws in response to the Black Death of 1348/9 – capping wages, imposing annual contracts, and restricting mobility – have a long and established scholarship. The conventional wisdom is that the legislation represented an extension of existing local practices and created common cause among all categories of employer. Yet this view is hard to reconcile with the fact that, despite subsequent revisions, the legislation soon failed. These arguments are tested through original research into how the legislation was actually enforced in a variety of legal tribunals (manorial, borough, and royal). A clear distinction is maintained between public presentments and private litigation, and a robust methodology is pursued to record their absence as well as quantifying their presence. This casts new light on the novelty of the labour laws, the reasons for their failure, and their influence on contract law. The analysis exemplifies the potential for short-term legal responses to infectious diseases to have unintended and unanticipated long-term consequences.
期刊介绍:
The Economic History Review is published quarterly and each volume contains over 800 pages. It is an invaluable source of information and is available free to members of the Economic History Society. Publishing reviews of books, periodicals and information technology, The Review will keep anyone interested in economic and social history abreast of current developments in the subject. It aims at broad coverage of themes of economic and social change, including the intellectual, political and cultural implications of these changes.