Selig Perlman, A Theory of the Labor Class, New York: Kelly, 1928. For more
recent considerations, see Kim Voss, The Making of American Exceptionalism: The
Knights of Labor and Class Formation in the Nineteenth Century, Ithaca: Cornell University Press, 1993; William E. Forbath, Law and the Shaping of the American Labor
Movement, Cambridge: Harvard University Press, 1991, pp. 10-36.
Morton Horwitz, The Transformation of American Law, 1780-1860-1960, New
York: Oxford University Press, 1992, and "The Historical Foundations of Modern Contract Law," Harvard Law Review 87, no. 5 ( March 1974): 917-956.
Two modern versions of the exploitation thesis appear in Harry Braverman, Labor
and Monopoly Capital: The Degradation of Work in the Twentieth Century, New York: Monthly Review Press, 1974; and Michael Burawoy, Manufacturing Consent: Changes in
the Labor Process under Monopoly Capital, Chicago: University of Chicago Press, 1979.
See, George S. McGovern and
Leonard F. Guttridge, The Great Coalfield War, Boulder: University of Colorado Press, 1996, pp. 20-21. For a more general treatment
of the issues of control, see also Richard Edwards, Contested Terrain: The Transformation of the Workplace, New York: Basic Books, 1979.
Milton Friedman is now the classic exponent of this view. See Capitalism and
Freedom, Chicago: University of Chicago Press, 1982; and, with Rose Friedman, Free
to Choose: A Personal Statement, New York: Harcourt Brace Jovanovich, 1990.
For one of the earliest and best rationalizations of collective bargaining, see J. R. Commons
, The Legal Foundations of Capitalism, Madison: University of Wisconsin
Press, 1957. More recently, see the work of Richard Freeman and
James Medoff, What
Do Unions Do? New York: Basic Books, 1984.
For contemporary analyses of the failures of markets, see Robert Kuttner, Everything for Sale: The Virtues and Limits of Markets, New York: Knopf, 1997. One important and recent argument that law failed to adjust sufficiently to satisfy the needs of
industrialization is found in Forbath, Law and the Shaping of the American Labor
J. G.A. Pocock, Politics, Language, and Time: Essays on Political Thought and
History, New York: Atheneum, 1971, p. 92. See also, generally, Gordon Wood, The
Radicalism of the American Revolution, New York: Vintage, 1991.
Peter Laslett, The World We Have Lost: England Before the Industrial Age, 3d
ed., New York: Macmillan, 1984, p. 38.
See, generally, Douglass North and
Robert Thomas, The Rise of the WesternWorld: A New Economic History