书名: 事故共和国（残废的工人、贫穷的寡妇与美国法的重构）
作者: （美）约翰·法比安·维特
译者: 田雷 isbn: 754262833X
页数: 394
定价: 48.0
出版社: 上海三联书店
装帧: 平装
出版年: 2008-6-1
维特的书与中国尤其相关，在规制工作场所安全方面，中国正面临着美国在工业化早期所经历的同样挑战。
Faculty News PROFESSOR WITT’S BOOK ON AMERICAN WORKPLACE ACCIDENT LAW NOW AVAILABLE IN CHINESE
July 31, 2008 (NEW YORK) – Columbia Law School Professor John Fabian Witt’s award-winning book on the development of American workplace safety law has been translated into Chinese and published. The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law (Harvard University Press, 2004) was published in Chinese this year by the Shanghai Joint Publishing Company in conjunction with Harvard University Press.
Witt’s book is especially relevant today to China, which faces the same kinds of challenges in governing workplace safety as the United States did in its early industrial history.
“Coalmines in Pennsylvania in the 1860s – where 6 percent of the workers were killed each year, 6 percent crippled, and another 6 percent temporarily disabled – looked very much like the mines now operating in Shaanxi Province,” Witt wrote in a 2004 editorial published in the Taipei Times.
Just as the development of legal institutions to improve occupational safety in the United States laid the groundwork to address the multi-faceted problems that occur in an industrial society, the development of accident law in China will have impact beyond the workplace, Witt argues.
One potential area that accident law may shape is environmental reform, says Witt.
“[T]he creation of rule of law institutions for industrial problems such as work accidents was a precondition in the U.S. and elsewhere to tacking even more complex challenges such as the environmental risks posed by industrialization,” Witt writes in the preface for the Chinese edition of Accidental Republic.
“As China begins to deal with the potentially crippling environmental effects of industrialization, workplace accidents may prove (as they did in the Untied States) to be a valuable test case in the creation of rule of law institutions for an industrial economy,” he continues.
“No matter the path taken, the project of grappling with the difficult conundrums of work safety questions will very likely shape the legal systems of the world’s developing economies in the century to come,” he writes.
The Accidental Republic: Crippled Workingmen, Destitute Widows, and the Remaking of American Law received the 2001 Thomas J. Wilson Prize of Harvard University Press; the 2005 James Willard Hurst Prize, sponsored by the Law and Society Association; and the 2005 William Nelson Cromwell Foundation Prize from the American Society for Legal History.
Witt, Professor of Law and History at Columbia Law School, is also the author of Patriots and Cosmopolitans: Hidden Histories of American Law (Harvard Press, 2007), which explores law and American nationalism at key moments in legal history since the founding. He received his B.A. (1994), J.D. (1999), and Ph.D. in history (2000) from Yale University.
Page 8 ... a principle that underwrote industrial development by shifting some of the
cost of injury-producing activity onto workers, passengers, and neighboring
... Page 11 Leading New Deal students of unemployment insurance borrowed from workmen's compensation the idea of
cost internalization:
... Page 48 Some, like Clarke Butler Whittier of Stanford Law School, simply saw shifting the
cost of injuries from one undeserving person to another as a useless
... Page 76 Moral hazard describes the reduced incentives for prevention and for speedy recovery created for insureds by the fact of insurance that reduces the
cost of
... Page 77 Relief funds could encourage loyalty to the union in tough times, but they also raised the
cost of trade union membership.30 Furthermore,
... Page 84 The assessments paid by a young member exceeded his personal
cost of insurance; as an older member
... Page 90 ... Marx contended that wages equaled the subsistence
cost of reproducing the workforce. Such subsistence costs, however, were socially constructed,
... Page 92 ... member could significantly reduce the
cost of his insurance by leaving a society burdened with a relatively large number of older, high-risk members.
... Page 100 ... insurance system had many virtues; it provided members and their families with prompt and reliable compensation at a minimum administrative
cost.
... Page 105 Ineffective
cost-accounting mechanisms obscured the relative costs and merits of various approaches to employee management. And while the often-arbitrary
... Page 110 Minimum
cost of fuel, of transportation, of brain and muscle, must hereafter be considered in the mighty competition that characterizes the commerce of the
... Page 116 ... 1910 conference of the American Iron and Steel Institute put it) "compensation to injured workmen is a legitimate charge against the
cost of manufacture
... Page 124 ... US Steel estimated that its private accident programs
cost substantially more than it had paid under the law of employers' liability.143 Moreover,
... Page 126 The Pittsburgh Survey produced widely discussed reports on topics ranging from the life of the steel worker to the
cost of living in an industrial city.
... Page 136 Workmen's compensation statutes seemed perilously close to the line separating permissible and impermissible accident-
cost allocations.
... Page 146 ... for compensation statutes.91 Under workmen's compensation "«// employers would have to stand such
cost," even the "reactionary" employer.92 Compensation
... Page 176
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Page 183
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Page 184 ... pense of the operation, as truly as the
cost of repairing broken machinery."117 To be sure, there might be instances in which convention would assign
... Page 200
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Page 246
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Page 253 ... freely contract around liability rules so long as transaction costs are sufficiently low, sec RH Coase, "The Problem of Social
Cost," 3 JL and Econ.
... Page 256 190. Hill, "The Evolution of an Idea," 2. In 1890 the Ancient Order of United Workmen estimated that $2000 in fraternal insurance
cost S21 yearly.
... Page 268 See Boiling, "Rendering Labor Safe," 106, 107-9 (estimating a
cost of $2 million per year in 1912). 144. Econometric studies yield varying answers to the
... Page 277 ... tort lawyers would come to call the "cheapest
cost avoider.
... Page 280 Ronald Coase, "The Problem of Social
Cost," 3 /./-. and Econ. 1 (1960); Guido Calabresi, The Costs of Accidents 133-235 (1970). 5.
... Page 101 Led by Frederick Winslow
Taylor and his gospel of "scientific management," managerial experts in the organization of production processes assumed central
... Page 103 Beginning in the 1880s, however, a generation of managerial engineers, of whom Frederick Winslow
Taylor would become the most famous, established systematic
... Page 108 30 Frederick Winslow
Taylor stood at the forefront of the movement to rationalize the American workplace. Born in 1856 to a wealthy Philadelphia Quaker
... Page 109 "Our larger wastes of human effort,"
Taylor complained, "which go on every day through such of our acts as are blundering, ill-directed, or inefficient
... more » Page 110 "In its essence,"
Taylor explained to a congressional committee investigating scientific management in 1912, "scientific management involves a complete
... Page 111 ... limited resources, in turn, gave rise to the new natural resources conservationism to which
Taylor had compared his scientific management efforts.
... Page 113 ... the kinds of firm-specific employee accident-compensation funds, or "establishment funds" as they were known, that
Taylor implemented at Midvale Steel.
... Page 116 94 The US Steel accident-compensation plan thus endorsed Frederick Taylor's principle of managerial responsibility, going one step further than
Taylor had
... Page 123 136 Midvale Steel adopted a system of employer-sponsored accident benefits just as
Taylor had begun to
... Page 172 Werner had not yet grasped the power of managers in the age of Frederick Winslow
Taylor to reshape the environment of the firm. According to Werner and his
... Page 246
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Page 248 ... of the Bricklayers' and Plasterers' Benevolent and Protective Union 12 (New Haven, Pettle, More-house and
Taylor 1868). 66.
... Page 260
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Page 261 3 US House of "Representatives, Hearings before Special Committee of the House of Representatives to Investigate the
Taylor and Other Systems of Shop
... Page 292 ... A Critical History of the Intellectual Foundations of Modern Tort Law," 14 /. I,eg. Stud. 461 (1985). 49. John Fabian Witt, "Speedy Fred
Taylor and
... Page 298 Some of the material in Chapter 4 appears in "Speedy Fred
Taylor and the Ironies of
... Page 310 ... Lewis, 86
Taylor, Frederick Winslow, 36, 101, 103, 108-110, 111, 113, 116, 123, 172 Texas, 56 Textile mills, 54-55, 105 Thirteenth Amendment, 14,33-34,
...
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