Explanations for Law Reform: The case of Wartime Labour Legislation in Britain, 1915–1916

Abstract

Among the various theoretical insights which seek to explain the emergence (and, for our purposes, the amendment) of ‘social’ legislation, the interpretation advanced by Oliver MacDonagh to explain nineteenth century governmental developments is widely known. This approach, which ascribes legal changes to the ‘pressure of events’, is built upon a five-stage model, progressing from the ‘discovery’ of an ‘evil’, to its administrative solution by means of legislative enactment. MacDonagh's formulation attracted, in turn, the criticism of those students of nineteenth century government growth, who pointed to the influence of Benthamite ideas as the forcing-house of change. Latterly, John Goldthorpe has sought to place emphasis on the role of social movements in galvanising legal reforms, suggesting how different interest groups might vie with one another in a pluralistic struggle for success.