Bad Precedent: Master-Servant Torts and the End of the Victorian Era

Abstract

This work provides three distinct, yet inter-related theses: First, it explores the social influences and judicial process that gave rise to a pivotal legal decision in master-servant tort law, Priestley v Fowler (1837), which was raised to the level of precedent through later affirmations by English and American judges. Second, it demonstrates the causal relationship between this precedent and the grievances of workers which developed into organized agitation under the umbrella of the Trades Union Congress, and led to the landmark socialist legislation that was Workmen’s Compensation. In so doing, this work bridges the gap between the individualistic 19th century and the sudden acceptance of collectivist solutions for persistent problems in the 20th in a way that has eluded social and legal historians alike. The final thesis places legal precedent in the context of Actor Network Theory as an actor whose role is often overlooked, yet as is shown here, can be indispensable in both disciplines of study and analysis.