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An analytical and comparative history of master and servant legislation in Tasmania

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Davidson, AP (1975) An analytical and comparative history of master and servant legislation in Tasmania. Other Degree thesis, University of Tasmania.

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Abstract

When I began to research the topic of master and servant legislation
in Tasmania my main object was to examine the factors leading to the
passage of the Master and Servant Act in 1856, to explain how it worked and
to examine its implications, principally in relation to the economic torts
of modern industrial law. However, I found that certain aspects of the
Act could not be explained without reference to the 1854 Master and
Servant Act and that, in turn, the 1852 Servants and Apprentices Act and
the 1840 Apprentices and Servants Act called for attention.
Although the 1840 legislation was the first of its type in Van
Diemen's Land it had been preceded in New South Wales by similar legislation
in 1828, and since the intention of the governments of both
colonies was to clear up doubts as to the applicability of English law
it became necessary to examine the English provisions which treated
breaches of contracts of employment as criminal offences.
The thesis is therefore much more of an historical study than was
originally intended, although Chapter 10 does attempt to show why the
continued existence of the 1856 Act still constitutes a danger to
unions and their members in Tasmania and in other states possessing
similar statutes. An analysis of each colonial Act is prefaced by a
chapter which seeks to place it in its political, social and economic
context with particular emphasis on the legal aspects of various
contemporary schemes of immigration.

Item Type: Thesis (Other Degree)
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Date Deposited: 19 Nov 2013 23:07
Last Modified: 15 Sep 2017 01:06
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