Page:Catholic Encyclopedia, volume 1.djvu/756

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682

ARBIETO


682


ARBITRATION


Indujs (first print, Madrid, l.'>.3.'>. comprising only the first 19 books; complete edition. Madrid, 1851); Gomara. His- toria general de laa Imlias (Madrid, 1553), many versions in other languages; Herrkra, Hiaturia general de Ion hechos de lo8 Caatellanos &ca. (Madrid, 1601-15); other editions, and more accessible ones: Madrid, 1728-30, and Antwerp, 1728, On Missions, references are (mentioning only the most i>rominent sources) to Relacwrtes geogrdficas de Indias (II and IV, Madrid, 1885 and 1897), which contain elaborate discussions of the expefiitions of Salinas Loyola, and of Vaca de Vaga, and documents relative to the ecclesiastics connected with them; Cordova Salinas, Coronica de la Religufsigima Provincia de loa Doce Apostoloe del Pint (Lima, 1651); Arriaga, Ex- iirpacidn de la Idolatrla del Piru (Lima, 1621); Calancha, Coronica moralizda de la orden de San AugusKn en el Piru (Lima, 1638, fnecond part, 1653); Documentos ineditos de Indias, passim; C. Quandt, Nachricht von Surinam und seinen Einwohnern (Gorlitz, 1S07). An important vocabu- lary of the Shipibo dialect (Pano of the Beni) by Bishop Ar- MENTlA, has been published in the Boletin de la Sociedad de Geografia de la Paz, It is the most complete thus far known. Literature on the Arawaks being so very abundant, many works cannot be mentioned here.

Ad, F. Bandelier.

Arbieto, Ignacio de, Jesuit, b. at Madrid, Feb- ruary, 1.58.5; d. at Lima, Peru, 7 August, 1676. He joined the Society of Jesus in 1603, and was ordained a priest at Lima, in 1612. He was appointed to the chair of philosophy at Quito in Ecuador, went thence to Arequipa, and finally to Lima, where he died. He taught (with interruptions) for twenty- five years in Peru, and spent his last years in \^Tit- ing the "Historia del Peru j' de las fundaciones que ha hecho en 61 la Compafiia de Jesus." The MS. is at the National Archives of Lima, and in a hopeless state of decay.

Leon t Pinelo, Epitome de la biblioteca oriental y occidental (Madrid, 1737-38, 2d ed.); Nicolas Antonio. Bibliotheca Hispana Nova (Madrid, 1733-38, 2d ed.); Torres-Sald.^- MANDO, Antiguos Jesuitas del Peril (Lima, 1882); Mendiburu, Diccionario histdrico-biogrdfico (Lima, 1874), I.

Ax>, F. Bandelier.

Arbitration, in a general sense, is a method of ar- ranging differences between two parties by referring them to the judgment of a disinterested outsider whose decision the parties to a dispute agree in ad- vance to accept as in some way binding. The whole process of arbitration involves the reference of issues to an outside party, investigation, decision, accep- tance or enforcement of it. The condition «hich in- vites arbitration is one wherein a number of persons of equal, or nearly equal power, disagree obstinately concerning a right, privilege, or duty, and refiLse to come to terms themselves. The underlying assump- tions are that the sense of fairness is dulled in the opponents by advocacy of self-interest, and by ob- stinacy, and that the judgment of a capable disin- terested third party will more nearly approximate justice and equity. The motive which prompts appeal to arbitration is found finally in society's desire to eliminate force as a sanction of right, and to introduce effectively the principles of the ethical order into the settlement of disputes among its members. Courts, rules of law and procedure have as purpose the protection of order and justice by compelling men to settle vital differences in a peace- ful manner. In the main, society must always trust to the common sense, honour, and conscience of men to arrange peacefully the differences which arise in everydav life. When, however, differences of actual or possible grave social consequences arise, wherein high principles or great interests are involved, and the parties of themselves fail to agree, society at- tenipls to secure order by creating institutions to decide the situation according to predetermined rules of law. The movement to introduce arbitra- tion in the settlement of disputes between labourers and employers is an effort in society to lift such con- flicts from the plane of bnite force to the level of the ethical order; to provide a rational method of nettling such disputes aa fail to be resolved by other peaceful means.

The IS.1UE.S.— The issues which have arisen be-


tween labourers and employers concern the division of profits in industrj' or the rate of wages, and the formal recognition of labour unions, which professedly claim a right to have a voice with the employer in determining questions of hours, methods of work, conditions of work, marmer of payment of wages, etc. Disputes generally concern the arrangement of terms to govern future relations or the interpreta- tion of the terms of an already-existing labour con- tract.

The Parties. — As a rule, the labour union and not the individual is a party to the industrial con- flict. The individual workman is in no condition of equality with his employer. Only a large body of labourers in an industry or a factory is strong enough to raise an issue effectively against an em- ployer. An active and advanced minority of the labouring class have created labour unions which undertake the care of the interests of the members, and aim to deal on equal footing with the employer. Where the men in a shop or factory are not unionized, they may organize temporarily to enforce a demand or resist a policy, but, generally speal^ing, it is the union which is involved when there is conflict be- tween employers and labourers. L'ntil recently each employer, in his individual capacity, dealt with his working men or with the union. In late years, how- ever, organizations of employers have been built up extensively and they now tend to replace the in- dividual employer in dealing with organized labour.

The Place of Arbitration. — As industrial evolu- tion has been much more rapid than the adjustment of social institutions, serious conflicts of interest, of views, of principles, have arisen in the industrial world, to arrange which, with final authority, we have in fact neither accepted methods nor adequate institutions. The way has thus been left open to permit the settlement of these disputes to fall to the level of force, that is, of the economic power of the parties to resist. The strike and the lockout, with their accompanying secondary phases, are the last resort to which industrial conflicts are, by a sort of necessity, referred. The penalties suffered by society are found in social disorder, estrangement, widely felt disturbance of business, and enormous financial losses. In the face of this discreditable condition, public opinion and the enlightened self- interest of labourers and employers have begun the work of creating and testing peaceful methods by which differences may be anticipated and prevented, or if not prevented, settled in a secure, just, and peace- ful manner. In pressing forward towards the crea- tion of these institutions of industrial peace, society is held back to an extent by traditional principles, settled views, established interests and constitutional problems. This has tended to turn the current of effort towards non-legal rather than legal methods of industrial peace. Arbitration, conciliation, media- tion, trade agreements, shop committees, joint con- ferences, are some of the institutions that have resulted. The function of arbitration is best under- stood when the institution is seen in relation to the whole industrial situation out of which it springs. 1. — To a great extent relations between unorganized labourers and employers are peaceful. If labovircrs ask only what employers offer, or employers gi\e all that labourers ask, there is no prospect of difficulty while such conditions endure. Whether one ex- plain the peaceful relations referred to by apathy, weakness, or hopelessness of unorganized labour, or by the benevolence or tyranny of the employer, or by their antagonism to the labour union, one should not overlook the fact that in a very large section of the industrial field relations are peaceful. 2. — Bela- tions between employers and labour unions are to a considenil>le extent peaceful and at times even cordial, though without any formal effort at definite antici