Sense of justice as factor of emergence of the factory legislation of the Russian Empire

Domestic legal and historical sciences traditionally adhere to a look according to which the legislation on wage labor has appeared under pressure of workers' protests. However it is difficult to present that factory laws were adopted by the highest state elite completely forcedly. One of the reasons which have predetermined emergence of the Russian legislation on wage labor in the 19th century transformation of public consciousness in favor of a yuridization of the relations of labor hiring seems. The key role belonged to changes in beliefs of narrow category of persons - representatives of the highest government. In the conditions of the state focused mentality recognition of need of formation of legal norms on work at the highest elite of the state in line with which thinking all subordinate device followed was of the greatest importance. Since manufactories of the 17th century repressions were standard reaction of the state to complaints, escapes, strikes of workers. Guarding views prospered in imperious elite irrespective of a real situation in the relations on work. Progress of consciousness of government officials strongly restrained features of the identity of governors of the country of a boundary of XIX-XX. Except direct physical and judicial violences over workers the information blockade was applied. On this background gradually arose and the current in favor of a compromise with workers gained strength. If the State Council in 1897 considered freedom of strikes inadmissible, then the Ministry of Finance contrary to him prepared the bill on decriminalization of economic strikes. In February, 1900 the Minister of Finance S.Yu. Witte reported on the emperor on need to pay special attention to the factory legislation. Considerable influence on preparation of the working legislation has played development of consciousness of narrow-minded masses. The movement in favor of the social and compromise legislation is traced in programs of the parties which have arisen after establishment in 1905. State Duma. In the last third of XIX constructive judgment of problems of the working legislation from a layer of administrators is developed. Class consciousness of the ruling nobility evolves in the national. The complete system view on economy of the country, labor market, need and the purposes of the legislation on wage labor is gradually formed. By the end of the 19th century of political elite the understanding of the rights of the worker as due as element of the natural right of the personality more and stronger recovers consciousness. It occurs as a result of experience of public life. The new attitude was promoted daily coexistence near workers, by diffusion of cultures of the nobility and proletariat, washing out of class partitions, rapprochement of information space. Contrary to representations Soviet and most of modern scientists, readiness of society for work on the social and compromise factory legislation during XIX - the beginnings of the 20th centuries gained a conscious, voluntary nature.

Keywords

Authors

References