Belated Feudalism: Labor, the Law, and Liberal Development in the United States by Karen Orren (Hardback, 1992)

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This was the common law of master and servant, embedded in the judiciary, cutting off the fundamental area of labor governance from democratic politics. The fully legislative polity that defines the modern liberal state was brought on through the industrial actions of trade unions in the late nineteenth and early twentieth centuries, and was established with the institutions of collective bargaining under the New Deal.
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