Class Jurisprudes: Free Labor Ideology and For-Profit Penal Labor in Gilded Age Courts

2018 ◽  
Vol 43 (03) ◽  
pp. 678-705
Author(s):  
Aaron R. Hall
Keyword(s):  
Consumer Goods ◽  
Gilded Age ◽  
Private Enterprise ◽  
Explanatory Power ◽  
Lower Class ◽  
Prison Inmates ◽  
Free Labor ◽  
For Profit ◽  
State Neutrality ◽  
Penal Labor

For-profit penal servitude flourished in Gilded Age America. Prisoners produced consumer goods inside factory-penitentiaries for private enterprise. Regulations protecting free labor encountered litigation by businesses invested in carceral capitalism. Judges who defended “liberty of contract,” maintained “state neutrality,” and condemned “class legislation” exhibited a different approach when evaluating labeling laws. Such statutes were seemingly consonant with the free labor ideology that dominated appellate benches—they remediated markets distorted by state-created privileges. Yet courts routinely struck them down. This article argues that judges were motivated by a class-infused framework structuring interpretation of facts and aliening lower-class Americans. Judges perceived workingmen who sought remedial assistance as seeking class legislation; they saw prison inmates and products as ordinary workers and goods, not as captive manpower and state-subsidized wares. Jurisprudence bent and bowed from judges’ values and associations. This article thus reintroduces the explanatory power of class to the Lochner era through judicial subjectivity.

The germ of capitalism (Roman business through slave as the primordium of private enterprise) Part I. Above free labor

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Armen E. Petrosyan
Keyword(s):  
Private Enterprise ◽  
Historical Analysis ◽  
Limited Liability ◽  
Legal Regulation ◽  
Classical Antiquity ◽  
Public And Private ◽  
Organizational Status ◽  
Free Labor ◽  
Content Type ◽  
Rudimentary Form

Purpose The purpose of this paper is to expose the pattern and mechanism of Roman private enterprise as the rudimentary form of capitalistic business. Design/methodology/approach By means of historical analysis and theoretical reconstruction, the author retraces the background and foundations of business through slave as the initial stage of private enterprise. Findings A comprehensive view of public and private entrepreneurship at the end of Republic and the beginning of Empire is presented. The riddle of “unnaturally” dear slaves in Rome (as compared with free labor and slaves in other countries of antiquity) is scrutinized. It is shown that “excessively” high demand for them was largely determined by their institutional worth: thanks to dominica potestas, they appeared to be the key organizational resource for expanding private industrial business. The framework of private enterprise securing limited liability for owner and turning “business slave” into a kind of director is brought to light. Research limitations/implications The results of this research allow historians to retrace the origins of modern private enterprise to classical antiquity, while economists and managers get an opportunity to better understand its nature and organizational status of those owning and managing it. Practical implications Leaders and executives can draw from the paper an object lesson of how, remaining within the existing political system, legal regulation and economic traditions, to make a radical innovation whose true meaning and social potential are so immense and far-reaching that get evident only many centuries later. The findings and conclusions the author comes to may be used in educational courses on economics, entrepreneurship, management, business history and so on. Social implications An instructive model of conciliation of interests is scrutinized. “Directors” – those organizing and managing a business but not owning it – were, as well as workers, recruited by coercion and legal regimentation of their relations with proprietors. The polarization of their institutional roles was at the bottom of private enterprise from the very outset. The state created incentives for initiative and competent business men in subjection to well-offs to work hard, on one hand, and made their masters to use these incentives to public and their own profits. The benefits of all parties were taken into account, though, of course, not to the same degree. Thereby, a kind of social compromise embodied in a novel institution was attained to. Originality/value This paper is the first to demonstrate in relief the background and framework of Roman private enterprise as well as the functions and organizational status of its “director.”

Calling upon the Genius of Private Enterprise: The Housing and Urban Development Act of 1968 and the Liberal Turn to Public-Private Partnerships

2013 ◽  
Vol 27 (2) ◽  
pp. 165-194 ◽  
Author(s):  
Alexander von Hoffman
Keyword(s):  
United States ◽  
Private Sector ◽  
Urban Development ◽  
Public Housing ◽  
Low Income ◽  
Private Enterprise ◽  
The United States ◽  
Public Private Partnerships ◽  
Housing Program ◽  
For Profit

President Lyndon Johnson declared the Housing and Urban Development Act of 1968 to be “the most farsighted, the most comprehensive, the most massive housing program in all American history.” To replace every slum dwelling in the country within ten years, the act turned from public housing, the government-run program started in the 1930s, toward private-sector programs using both nonprofit and for-profit companies. As a result, since its passage, for-profit businesses have developed the great majority of low-income residences in the United States. The law also helped popularize the idea of “public-private partnerships,” collaborations of government agencies and non-government entities—including for-profit companies—for social and urban improvements. Remarkably, political liberals supported the idea that private enterprise carry out social-welfare programs. This article examines the reasons that Democratic officials, liberals, and housing industry leaders united to create a decentralized, ideologically pluralistic, and redundant system for low-income housing. It shows that frustrations with the public housing program, the response to widespread violence in the nation's cities, and the popularity of corporate America pushed the turn toward the private sector. The changes in housing and urban policy made in the late 1960s, the article concludes, helped further distinguish the American welfare state and encourage the rise of neoliberalism in the United States.

scholarly journals Victorian penny press plagiarisms as transmedia storytelling

2021 ◽  
Vol 36 ◽  
Author(s):  
Erica Haugtvedt
Keyword(s):  
Popular Culture ◽  
Lower Class ◽  
Fan Fiction ◽  
Class Politics ◽  
Periodical Studies ◽  
For Profit ◽  
Transmedia Storytelling ◽  
Penny Press ◽  
Victorian Period ◽  
History Of

The Victorian period saw the proliferation of penny press plagiarisms—that is, transformations of middle-class narratives, typically for a lower-class audience. Authors of these often anonymous transformations performed labor by expanding existing narratives in ways that resonate with today's understanding of fan fiction and transmedia storyworlds. Penny press plagiarisms illustrate the methodological challenges of studying the historical reception of literary and popular culture events that might be characterized as fannish, as the constitutive elements that describe a fan must be traced backward in the absence of living communities and with ephemeral evidence of engagement with popular culture texts. Application of insights from media and periodical studies shows that the penny press contributes to the long history of fandom. The Victorian period's literary markets, social class politics, and copyright paradigms defamiliarize these concepts in the field of studies of fans and fandoms, revealing how a history of Victorian fandom is also a history of for-profit transmedia storytelling.

scholarly journals ANOMALI PASAR MODAL MENUJU STUDI BEHAVIORAL ECONOMICS

2020 ◽  
Vol 12 (1) ◽  
pp. 1-15
Author(s):  
Andreas Kiky
Keyword(s):  
Loss Aversion ◽  
Capital Market ◽  
Consumer Goods ◽  
Explanatory Power ◽  
January Effect ◽  
Research Model ◽  
Market Anomalies ◽  
Dummy Variables ◽  
Monday Effect ◽  
Misleading Statement

Abstract- This research examine market anomali that used to be found in capital market. There are 3 (three) common market anomalies that observed by financial researcher, holiday effect (in this case Lebaran Effect), January effect and Monday effect. The goal in this empirical study is to confirm and examine these anomalies on consumer goods firms. One of most common misleading statement that would like to be argued by this research is on Lebaran Season; most likely consumer goods stocks would be the most wanted and highest return. Dummy variables are applied in research model to test research hypothesis regarding to this issue. Research models are analyzed using OLS approach and the result is indeed finding some anomali in Lebaran, January and Monday Effect. But the result from adjusted R2 is very low (<1%) which implies that explanatory power of event to abnormal return is need a critic and improvement. Further result from loss aversion theory confirms that most of Indonesian Citizen play save strategy under sure loss condition.   Keywords: Capital Market Anomali, EMH, Lebaran Effect, January Effect, Monday Effect, Behaviour Economics

Models for Effective Innercity Ministry

1978 ◽  
Vol 6 (4) ◽  
pp. 298-304
Author(s):  
Luis Villarreal
Keyword(s):  
Mental Health ◽  
Inner City ◽  
Lower Class ◽  
Active Role ◽  
Mental Health Clinics ◽  
Community Work ◽  
For Profit ◽  
Health Clinics ◽  
Not For Profit ◽  
Mental Health Programs

This article looks at Christian professionals in mental health in the context of the inner city. Many have contracted out of the inner city, forgetting the lower class, deprived, and underserved clientele, and preferring to serve the middle class. Jesus Christ taught an involvement with “all peoples.” Five models for involvement with inner city clientele have been considered: 1) Community work — inner city clientele do not frequently respond to the conventional modes of treatment. Community work and crisis intervention seem more relevant. 2) Private practice in the inner city — Christians should consider a practice based un financial principles of many not-for-profit religious organizations. 3) Church based mental health programs — inner city churches can take an active role to meet mental health needs by providing financial assistance and space for clinic s in the community. 4) Christians of minority status in mental health — biculturality is important and essential to bridge existing barriers between mental health clinics and the target minority clientele. 5) Christians in secular agencies — the name of Christ must be exposed in the services we deliver.

scholarly journals Strategic Responses Of Business To Consumerism

2011 ◽  
Vol 4 (4) ◽  
pp. 74
Author(s):  
Howard L. Alford
Keyword(s):  
Customer Service ◽  
Consumer Goods ◽  
Private Enterprise ◽  
Business Community ◽  
Enterprise System ◽  
Strategic Responses ◽  
The Public ◽  
The 1960S ◽  
Fierce Competition ◽  
Broad Continuum

Through the private enterprise system of fierce competition and heightened entrepreneurship, providers of consumer goods have frequently intensified their efforts to maximize profits. In doing this, the interest and needs of workers and the consuming public were somewhat ignored, which results in what some felt to be questionable practices on the part of private enterprise. The public became interested in pricing, ads, quality and durability of goods together with the overall fidelity of business. Business considered strategic alternatives in responding to the concerns of society. Strategic responses to consumerism by the business community included a broad continuum of measures designed to allay these judgements. This paper addressed four issues including: education and information, marketing, customer service, and consumer affairs departments. It was recognized that the public raised ethical conduct questions regarding advertising and pricing long before consumerism reached its peak during the decade of the 1960s.

scholarly journals The image of a highwayman on the Newgate Calendar pages

2020 ◽  
Vol 11 (3) ◽  
pp. 40-53
Author(s):  
Irina M. Erlihkson
Keyword(s):  
Capital Punishment ◽  
18Th Century ◽  
Significant Proportion ◽  
Prison Inmates ◽  
Upper Echelons ◽  
Historical Source ◽  
Structural Element ◽  
Biographical Information ◽  
Social Stratum ◽  
For Profit

In the article the author investigates the problem of crime representation in English journalism of the 18th century, focusing on a unique historical source – the Newgate Calendar. The format and structure of the Newgate Calendar is a guide to Newgate Prison inmates, containing biographical information about the prisoners and a description of their crimes. The biographies of highwaymen are reconstructed, and the degree of social and psychological motives is determined.We believe that the image of a highway robber is an important structural element of criminal romanticism. An analysis of biographies shows that a significant proportion of crimes of this kind were simultaneously initiated by both greed for profit and purely ambitious considerations. The author comes to the conclusion that the desire to get into the upper echelons of the criminal world, due to the British perception of the image of a highwayman in a romantic way, regardless of belonging to a social stratum, led to the use of capital punishment.

scholarly journals Proposals of changes in the financial statements of non-profit organizations

2013 ◽  
Vol 61 (2) ◽  
pp. 417-425 ◽  
Author(s):  
Milena Otavová
Keyword(s):  
Financial Analysis ◽  
Explanatory Power ◽  
Balance Sheet ◽  
Financial Statements ◽  
Formal Structure ◽  
Financial Statement ◽  
Non Profit ◽  
For Profit ◽  
Accounting Rules ◽  
Non Profit Organizations

Financial statements (balance sheet, profit and loss statement) intended for profit and non-profit organizations have large number of differences in terms of content of individual items and also with regard to their formal structure. This is due to the existence of different types of accounting entities for which there are created sets of accounting rules. Need for separate set of accounting rules results from their objectives, management rules, performed activities and certain specific of costs, revenues, assets and liabilities. The differences found on the basis of comparative analysis in this paper are evaluated and subsequently there are recommended changes of the statements so that they would be more useful for the purposes of economic analysis. The paper also identified problems that arise in connection with the evaluation of the efficiency of this type of organizations and subsequently there are recommended tools of financial analysis suitable for evaluation of non-profit organizations and the specifics of non-profit sector are pointed out. The paper presents also the proposal to change the Decree 504/2002 Coll. so as to avoid distortion of financial statement closing of non-profit organizations, and also with regard to their higher explanatory power.

Hospitals: N.Y. Appellate Court Denies Move to Privatize Public Hospital

1999 ◽  
Vol 27 (2) ◽  
pp. 202-203
Author(s):  
Robert Chatham
Keyword(s):  
New York ◽  
New York City ◽  
York City ◽  
Public Health System ◽  
Municipal Hospital ◽  
The Public ◽  
Public Benefit ◽  
For Profit ◽  
Benefit Corporation ◽  
The City

The Court of Appeals of New York held, in Council of the City of New York u. Giuliani, slip op. 02634, 1999 WL 179257 (N.Y. Mar. 30, 1999), that New York City may not privatize a public city hospital without state statutory authorization. The court found invalid a sublease of a municipal hospital operated by a public benefit corporation to a private, for-profit entity. The court reasoned that the controlling statute prescribed the operation of a municipal hospital as a government function that must be fulfilled by the public benefit corporation as long as it exists, and nothing short of legislative action could put an end to the corporation's existence.In 1969, the New York State legislature enacted the Health and Hospitals Corporation Act (HHCA), establishing the New York City Health and Hospitals Corporation (HHC) as an attempt to improve the New York City public health system. Thirty years later, on a renewed perception that the public health system was once again lacking, the city administration approved a sublease of Coney Island Hospital from HHC to PHS New York, Inc. (PHS), a private, for-profit entity.

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