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The Contract of Employment: A Study in Legal Evolution

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  • S. Deakin
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    Abstract

    This paper reconstructs the evolutionary path of the contract of employmentin English law. It demonstrates that the contract of employment is a more recent innovation than widely thought, and that its essential features owe as much to legislation as they do to the common law of contract. The master-servant model of the nineteenth century was only displaced by the modern contract of employment as a result of twentieth century social legislation and collective bargaining. The paper discusses present-day mutations in the legal form of employment in the light of this analysis.

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    File URL: http://www.cbr.cam.ac.uk/pdf/WP203.pdf
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    Bibliographic Info

    Paper provided by ESRC Centre for Business Research in its series ESRC Centre for Business Research - Working Papers with number wp203.

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    Date of creation: Jun 2001
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    Handle: RePEc:cbr:cbrwps:wp203

    Note: PRO-1
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    Web page: http://www.cbr.cam.ac.uk/

    Related research

    Keywords: contract of employment; poor law; mater and servant; collective bargaining; welfare state; legal evolution; path dependence;

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    Cited by:
    1. Cok, Mitja & Domadenik, Polona & Redek, Tjasa & Verbic, Miroslav, 2008. "Labour Market Reforms in the Context of Political Power Theory: The Case of Slovenia," MPRA Paper 25524, University Library of Munich, Germany.

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