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。
The Accidental Republic: Crippled Workingmen, Destitute Widows, ... - Google Books Result
Faculty News
Press Contact: Sonia von Gutfeld, 212-854-1453, sgutfe@law.columbia.edu
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.
... a principle that underwrote industrial development by shifting some of the cost of injury-producing activity onto workers, passengers, and neighboring ...
Leading New Deal students of unemployment insurance borrowed from workmen's compensation the idea of cost internalization: ...
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 ...
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 ...
Relief funds could encourage loyalty to the union in tough times, but they also raised the cost of trade union membership.30 Furthermore, ...
The assessments paid by a young member exceeded his personal cost of insurance; as an older member ...
... Marx contended that wages equaled the subsistence cost of reproducing the workforce. Such subsistence costs, however, were socially constructed, ...
... member could significantly reduce the cost of his insurance by leaving a society burdened with a relatively large number of older, high-risk members. ...
... insurance system had many virtues; it provided members and their families with prompt and reliable compensation at a minimum administrative cost. ...
Ineffective cost-accounting mechanisms obscured the relative costs and merits of various approaches to employee management. And while the often-arbitrary ...
Minimum cost of fuel, of transportation, of brain and muscle, must hereafter be considered in the mighty competition that characterizes the commerce of the ...
... 1910 conference of the American Iron and Steel Institute put it) "compensation to injured workmen is a legitimate charge against the cost of manufacture ...
... US Steel estimated that its private accident programs cost substantially more than it had paid under the law of employers' liability.143 Moreover, ...
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. ...
Workmen's compensation statutes seemed perilously close to the line separating permissible and impermissible accident-cost allocations. ...
... for compensation statutes.91 Under workmen's compensation "«// employers would have to stand such cost," even the "reactionary" employer.92 Compensation ...
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... 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 ...
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... 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. ...
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. ...
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 ...
... tort lawyers would come to call the "cheapest cost avoider. ...
Ronald Coase, "The Problem of Social Cost," 3 /./-. and Econ. 1 (1960); Guido Calabresi, The Costs of Accidents 133-235 (1970). 5. ...
Led by Frederick Winslow Taylor and his gospel of "scientific management," managerial experts in the organization of production processes assumed central ...
Beginning in the 1880s, however, a generation of managerial engineers, of whom Frederick Winslow Taylor would become the most famous, established systematic ...
30 Frederick Winslow Taylor stood at the forefront of the movement to rationalize the American workplace. Born in 1856 to a wealthy Philadelphia Quaker ...
"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 ...
"In its essence," Taylor explained to a congressional committee investigating scientific management in 1912, "scientific management involves a complete ...
... limited resources, in turn, gave rise to the new natural resources conservationism to which Taylor had compared his scientific management efforts. ...
... the kinds of firm-specific employee accident-compensation funds, or "establishment funds" as they were known, that Taylor implemented at Midvale Steel. ...
94 The US Steel accident-compensation plan thus endorsed Frederick Taylor's principle of managerial responsibility, going one step further than Taylor had ...
136 Midvale Steel adopted a system of employer-sponsored accident benefits just as Taylor had begun to ...
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 ...
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... of the Bricklayers' and Plasterers' Benevolent and Protective Union 12 (New Haven, Pettle, More-house and Taylor 1868). 66. ...
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3 US House of "Representatives, Hearings before Special Committee of the House of Representatives to Investigate the Taylor and Other Systems of Shop ...
... 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 ...
Some of the material in Chapter 4 appears in "Speedy Fred Taylor and the Ironies of ...
... 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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