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This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the use of sanctions to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.

Examining the emergence of the modern conception of free labor--labor that could not be legally compelled, even though voluntarily agreed upon--Steinfeld explains how English law dominated the early American colonies, making violation of al labor agreements punishable by imprisonment. By the eighteenth century, traditional legal restrictions no longer applied to many kinds of colonial workers, but it was not until the nineteenth century that indentured servitude came to be regarded as similar to slavery.

This book presents a fundamental reassessment of the nature of wage labor in the nineteenth century, focusing on the use of sanctions to enforce wage labor agreements. Professor Steinfeld argues that wage workers were not employees at will but were often bound to their employment by enforceable labor agreements, which employers used whenever available to manage their labor costs and supply. Modern free wage labor only came into being late in the nineteenth century, as a result of reform legislation that restricted the contract remedies employers could legally use.

In this expansive history, Robert J. Steinfeld offers a thorough re-interpretation of the origins of American judicial review and the central role it quickly came to play in the American constitutional system. Beginning with Privy Council review of American colonial legislation, the book goes on to provide detailed descriptions of the character of the first American constitutions, showing that they drew heavily on traditional Anglo/American constitutional assumptions, which treated legislatures as the primary interpreters of constitutions. Steinfeld then expertly analyses the central role...