Discretion In The Welfare State

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Discretion in the Welfare State

Anders Molander
Discretion in the Welfare State Book PDF

Author : Anders Molander
Publisher : Taylor & Francis
Page : 101 pages
File Size : 47,5 Mb
Release : 2016-09-13
Category : Political Science
ISBN : 9781315450476

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Discretion in the Welfare State by Anders Molander Pdf

Welfare state professionals decide or establish premises as to whom will receive what, in what manner, when and how much, and when enough is enough. They control who passes through the gates of the welfare state. This book provides an in-depth understanding of the phenomenon of discretion. It shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. Extensive use of discretion can threaten the principles of the rule of law and relinquish democratic control over the implementation of laws and policies. The book introduces an understanding of discretion that adds an epistemic dimension (discretion as a mode of reasoning) to the common structural understanding of discretion (an area of judgment and decision). Accordingly, it distinguishes between structural and epistemic measures of accountability. The aim of the former is to constrain discretionary spaces or the behavior within them while the aim of the latter is to improve the quality of discretionary reasoning. This text will be of key interest to scholars and students in the fields of applied philosophy, public policy and public administration, welfare state research, and the sociology of professions.

Reasons for Welfare

Robert E. Goodin
Reasons for Welfare Book PDF

Author : Robert E. Goodin
Publisher : Princeton University Press
Page : 444 pages
File Size : 47,9 Mb
Release : 1988-08-21
Category : Philosophy
ISBN : 0691022798

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Reasons for Welfare by Robert E. Goodin Pdf

Robert Goodin passionately and cogently defends the welfare state from current attacks by the New Right. But he contends that the welfare state finds false friends in those on the Old Left who would justify it as a hesitant first step toward some larger, ideally just form of society. Reasons for Welfare, in contrast, offers a defense of the minimal welfare state substantially independent of any such broader commitments, and at the same time better able to withstand challenges from the New Right's moralistic political economy. This defense of the existence of the welfare state is discussed, flanked by criticism of Old Left and New Right arguments that is both acute and devastating. In the author's view, the welfare state is best justified as a device for protecting needy--and hence vulnerable--members of society against the risk of exploitation by those possessing discretionary control over resources that they require. Its task is to protect the interests of those not in a position to protect themselves. Communitarian or egalitarian ideals may lead us to move beyond the welfare state as thus conceived and justified. Moving beyond it, however, does not invalidate the arguments for constantly maintaining at least the minimal protections necessary for vulnerable members of society.

Discretion in Welfare Bureaucracies

Majka Ryan
Discretion in Welfare Bureaucracies Book PDF

Author : Majka Ryan
Publisher : Rowman & Littlefield
Page : 211 pages
File Size : 53,7 Mb
Release : 2023-08-08
Category : Social Science
ISBN : 9781538165256

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Discretion in Welfare Bureaucracies by Majka Ryan Pdf

Through case-study research, Majka Ryan offers a systematic microanalysis of discretion in a specific context of residence-based welfare conditionality derived from the labour movement directive 2004/38/EC. The latter is utilised in the coordination of social security benefits for mobile EU citizens across Europe. Ryan reveals that in Ireland and other jurisdictions, official rights, be they supranational or local, when translated into practice are shaped by different political, organisational and decision-making actors, consequently leading to an uneven distribution of substantive rights and unequal outcomes for different groups of people, disproportionately affecting those who must prove their deservingness. This book evidences how residence-based welfare conditions create a context where power is exercised freely by street-level decision-makers and illustrates how that power affects different groups in society, and consequently, how through those practices, the hegemonic discourses around legitimacy of access to public resources are reproduced.

Professional Discretion in Welfare Services

Tony Evans
Professional Discretion in Welfare Services Book PDF

Author : Tony Evans
Publisher : Routledge
Page : 200 pages
File Size : 41,5 Mb
Release : 2016-04-15
Category : Social Science
ISBN : 9781317075363

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Professional Discretion in Welfare Services by Tony Evans Pdf

Discretion has re-emerged as an issue of central importance for welfare professionals over the last two decades in the face of an intensification of management culture across the public sector. This book presents an innovative framework for the analysis of discretion, offering three accounts of the managerial role - the domination model, the street level model and the author's alternative discursive perspective. These different regimes of discretion are examined through a case study within a social services department, comparing and contrasting social work discretion in an Older Persons Team and a Mental Health Team. This innovative, theoretical and empirical analysis will be of great interest to postgraduate students and researchers in social work and related disciplines including social policy, public administration and organizational studies, as well as professionals in social work, health and education.

Juridification and Social Citizenship in the Welfare State

Henriette Sinding Aasen,Siri Gloppen,Anne-Mette Magnussen,Even Nilssen
Juridification and Social Citizenship in the Welfare State Book PDF

Author : Henriette Sinding Aasen,Siri Gloppen,Anne-Mette Magnussen,Even Nilssen
Publisher : Edward Elgar Publishing
Page : 328 pages
File Size : 51,9 Mb
Release : 2014-09-26
Category : Law
ISBN : 9781783470235

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Juridification and Social Citizenship in the Welfare State by Henriette Sinding Aasen,Siri Gloppen,Anne-Mette Magnussen,Even Nilssen Pdf

øThe concept of juridification refers to a diverse set of processes involving shifts towards more detailed legal regulation, regulations of new areas, and conflicts and problems increasingly being framed in legal and rights-oriented terms. This timely

Discretion and the Quest for Controlled Freedom

Tony Evans,Peter Hupe
Discretion and the Quest for Controlled Freedom Book PDF

Author : Tony Evans,Peter Hupe
Publisher : Springer Nature
Page : 438 pages
File Size : 49,5 Mb
Release : 2019-08-21
Category : Political Science
ISBN : 9783030195663

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Discretion and the Quest for Controlled Freedom by Tony Evans,Peter Hupe Pdf

Looking at discretion broadly as the exercise of controlled freedom, this edited volume introduces insights from a range of social sciences perspectives. Traditionally, discussions of discretion have drawn on legal notions of the appropriate exercise of legitimate authority specified by legislators. However, empirical and theoretical studies in the social sciences have extended our understanding of discretion, moving us beyond a narrow legal view. Contributors from a range of disciplines explore the idea of discretion and related notions of freedom and control across social and political practices and in different contexts. As this complex and important topic is discussed and examined, both total control and unconstrained freedom appear to be illusions.

The Conditions of Discretion

Joel Handler
The Conditions of Discretion Book PDF

Author : Joel Handler
Publisher : Russell Sage Foundation
Page : 342 pages
File Size : 51,7 Mb
Release : 1986-08-20
Category : Political Science
ISBN : 9781610442671

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The Conditions of Discretion by Joel Handler Pdf

This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School

Welfare Law

Lucy A. Williams
Welfare Law Book PDF

Author : Lucy A. Williams
Publisher : Routledge
Page : 603 pages
File Size : 42,8 Mb
Release : 2020-11-25
Category : Social Science
ISBN : 9781000113860

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Welfare Law by Lucy A. Williams Pdf

This title was first published in 2001: Welfare law is a legal field integral to most jurisprudential formulations, whether artificially designated as doctrinal, theoretical or practical. At its core, legal discourse regarding welfare challenges the formulations traditionally viewed as ’pre-legal’, the ’background rules’ of property, tort and contract law. In addition, it affects a large percentage of the world’s population, highlights the social construction of identities and perhaps more than any other area of law, graphically epitomizes the intersection of class, race and gender distinctions. However, within both the legal academy and practice, welfare law has been marginalized and viewed as a field that does not connect to any but a small sector of lawyers and legal clients. Isolated as an arcane domain of either statutory and regulatory legal minutiae or jurisprudential insignificance, welfare law has never realized its potential as a major hub for legal theoretical discourse. The articles in this volume seek to expose the roots of the essentialized view of welfare law as nonessential and re-establish its value and importance.

Work and the Welfare State

Evelyn Z. Brodkin,Gregory Marston
Work and the Welfare State Book PDF

Author : Evelyn Z. Brodkin,Gregory Marston
Publisher : Georgetown University Press
Page : 336 pages
File Size : 43,5 Mb
Release : 2013-10-01
Category : Political Science
ISBN : 9781626160019

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Work and the Welfare State by Evelyn Z. Brodkin,Gregory Marston Pdf

Work and the Welfare State places street-level organizations at the analytic center of welfare-state politics, policy, and management. This volume offers a critical examination of efforts to change the welfare state to a workfare state by looking at on-the-ground issues in six countries: the US, UK, Australia, Denmark, Germany, and the Netherlands. An international group of scholars contribute organizational studies that shed new light on old debates about policies of workfare and activation. Peeling back the political rhetoric and technical policy jargon, these studies investigate what really goes on in the name of workfare and activation policies and what that means for the poor, unemployed, and marginalized populations subject to these policies. By adopting a street-level approach to welfare state research, Work and the Welfare State reveals the critical, yet largely hidden, role of governance and management reforms in the evolution of the global workfare project. It shows how these reforms have altered organizational arrangements and practices to emphasize workfare’s harsher regulatory features and undermine its potentially enabling ones. As a major contribution to expanding the conceptualization of how organizations matter to policy and political transformation, this book will be of special interest to all public management and public policy scholars and students.

Legitimation of Social Rights and the Western Welfare State

Kathi V. Friedman
Legitimation of Social Rights and the Western Welfare State Book PDF

Author : Kathi V. Friedman
Publisher : Unknown
Page : 296 pages
File Size : 54,8 Mb
Release : 1981
Category : History
ISBN : UOM:39015002349002

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Legitimation of Social Rights and the Western Welfare State by Kathi V. Friedman Pdf

Legitimation of Social Rights and the Western Welfare State: A Weberian Perspective

The Welfare State, Globalization, and International Law

Eyal Benvenisti,Georg Nolte
The Welfare State Globalization and International Law Book PDF

Author : Eyal Benvenisti,Georg Nolte
Publisher : Springer Science & Business Media
Page : 448 pages
File Size : 40,7 Mb
Release : 2011-06-27
Category : Law
ISBN : 9783642170089

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The Welfare State, Globalization, and International Law by Eyal Benvenisti,Georg Nolte Pdf

The book deals with the role of the international level in securing or supplementing national welfare functions. The authors evaluate the role of international labour law, social rights as human rights, the World Trade Organisation, non-governmental organisations and international taxation law, in the effort to maintain and promote welfare rights and the welfare state. The functions of national migration law and of social security law are analysed in case studies.

Law, Rights, and the Welfare State

Charles J. G. Sampford,Denis James Galligan
Law Rights and the Welfare State Book PDF

Author : Charles J. G. Sampford,Denis James Galligan
Publisher : London ; Wolfeboro, N.H. : Croom Helm
Page : 248 pages
File Size : 54,9 Mb
Release : 1986
Category : Civil rights
ISBN : UCAL:B4964796

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Law, Rights, and the Welfare State by Charles J. G. Sampford,Denis James Galligan Pdf

Human rights, by H.J. McCloskey

The Work of Politics

Steven Klein
The Work of Politics Book PDF

Author : Steven Klein
Publisher : Cambridge University Press
Page : 221 pages
File Size : 52,9 Mb
Release : 2020-09-24
Category : Philosophy
ISBN : 9781108478625

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The Work of Politics by Steven Klein Pdf

This theoretically innovative book shows how democratic social movements can use the welfare state to challenge domination in society.

The European Constitution, Welfare States and Democracy

Christoffer C. Eriksen
The European Constitution Welfare States and Democracy Book PDF

Author : Christoffer C. Eriksen
Publisher : Routledge
Page : 262 pages
File Size : 55,9 Mb
Release : 2011-10-06
Category : Law
ISBN : 9781136617591

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The European Constitution, Welfare States and Democracy by Christoffer C. Eriksen Pdf

This book explores how the right to the free movement of goods, persons, services and capital in the European Union legal order affects welfare states. These "four freedoms", as they are known, are vital instruments for the protection of a European market unencumbered by internal frontiers. The European Constitution, Welfare States and Democracy explore the relationships and conflicts that have emerged between the European constitution and the legal regulation of mixed economies and markets within welfare-states. In particular, it examines the threat posed to the discretionary powers enjoyed by national governments and administrative authorities. Christoffer C. Eriksen has undertaken a comprehensive analysis of a series of judgments in which the European Court of Justice has clearly indicated the ways in which the four freedoms may be incompatible with the current practice of entrusting national administrative authorities with discretionary powers and thus highlights how the four freedoms are provoking democratic dilemmas, previously neglected in the academic literature. The book is written in a style which communicates beyond an audience of specialized legal scholars and although it includes analysis of black letter law, its methodology also draws from the disciplines of philosophy, political science, and sociology.

New Contractualism in European Welfare State Policies

Rune Ervik,Nanna Kildal
New Contractualism in European Welfare State Policies Book PDF

Author : Rune Ervik,Nanna Kildal
Publisher : Routledge
Page : 212 pages
File Size : 53,7 Mb
Release : 2016-03-09
Category : Political Science
ISBN : 9781317088592

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New Contractualism in European Welfare State Policies by Rune Ervik,Nanna Kildal Pdf

The ’Golden Age' of the welfare state in Europe was characterised by a strengthening of social rights as citizens became increasingly protected through the collective provision of income security and social services. The oil crisis, inflation and high unemployment of the 1970s largely saw the end of welfare expansion with critical voices claiming the welfare state had created an unbalanced focus on the social rights of individuals, above their responsibilities as citizens. During the 1980s many western countries developed contractual modes of thinking and regulation within welfare policy. Contractualism has proved a significant organising principle for public reforms in general, and for social policy reforms in particular as it embraces both a way of justifying certain welfare policies and of constructing specific socio-legal policy instruments. Engaging with both the critique of the welfare state and the subsequent policy responses, expert contributors in this book examine contractualism as a discourse, comprising principles and justifying ideas, and as a legal and social practice. Covering the international debate on conditionality they discuss European experiences with active social citizenship ideas and contractualism providing individual case studies and comparisons from a wide range of European countries.