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Books > Law > Laws of other jurisdictions & general law > Social law > Social security & welfare law
As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, been exacerbated by the global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.
This much-needed volume fills an overlooked gap in adult safeguarding - the digital arena - in providing a comprehensive overview of policy and practice in supporting vulnerable adults online. Providing an essential analysis illustrated by recent court rulings and case studies, the authors advocate for the effective support of adults with learning disabilities and/or mental capacity issues in their digital lives without compromising their privacy and participation rights. The text balances a theoretical exploration of the tensions between participation and protection, legislation, human rights, professional biases and social wrongs. It encourages a critical approach in adopting both a practical and realistic understanding for policy makers, professionals and students in social work, law and adult social care.
As new technologies develop, terrorist groups are developing new
methods of attack by using the Internet, and by using cyberspace as
a battlefield, it has become increasingly difficult to discover the
identity of attackers and bring them to justice. The seemingly
limitless boundaries of cyberspace has allowed virtually anyone to
launch an attack from a remote and anonymous location. But once
these attacks occur, it raises several important questions; who
should respond, and how?; how should nation-states effectively deal
with a cyber-attack?; and will the United States and other
nation-states be able to survive in a world where virtual
boundaries are limitless?
Pauper policies examines how policies under the old and New Poor Laws were conceived, adopted, implemented, developed or abandoned. This fresh perspective reveals significant aspects of poor law history which have been overlooked by scholars. Important new research is presented on the adoption and implementation of 'enabling acts' at the end of the old poor laws; the exchange of knowledge about how best to provide poor relief in the final decades of the old poor law and formative decades of the New; and the impact of national scandals on policy-making in the new Victorian system. Pointing towards a new direction in the study of poor law administration, it examines how people, both those in positions of power and the poor, could shape pauper policies. It is essential reading for anyone with an interest in welfare and poverty in eighteenth and nineteenth-century England. This book is relevant to United Nations Sustainable Development Goal 1, No poverty. -- .
How are poverty and social inequality entrenched through a failing justice system? In this important book, Jon Robins and Daniel Newman examine how the lives of people already struggling with problems with their welfare benefits, jobs, housing and immigration are made much harder by cuts to legal aid and the failings of our creaking justice system. Over the course of 12 months, interviews were carried out on the ground in a range of settings with people as they were caught up in the justice system, in a range of settings such as foodbanks in a church hall in a wealthy part of London; a community centre in a former mining town; a homeless shelter for rough sleepers in Birmingham; and a destitution service for asylum seekers in a city on the South coast, as well as in courts and advice agencies up and down the country. The authors argue that a failure to access justice all too often represents a catastrophic step in the life of the person concerned and their family. This powerful, yet moving, account humanises the hostile political debates that surround legal aid and reveals what access to justice really means in Austerity Britain.
We live in a world of mobile security threats and endemic structural injustice, but the United Nations' go-to solution of strategic management fails to stop threats and perpetuates injustice. Articulating Security is a radical critique of the UN's counter-terrorism strategy. A brilliant new reading of Foucault's concept of disciplinary power and a daring foray into psychoanalysis combine to challenge and redefine how international lawyers talk about security and management. It makes a bold case for the place of law in collective security for, if law is to help tackle injustice in security governance, then it must relinquish its authority and embrace anger. The book sounds an alarm to anyone who assumes law is not implicated in global security, and cautions those who assume that it ought to be.
Much has been written in charity law on the type of benefits that charities can provide - charitable purposes - and towards whom such benefits must be directed - the public benefit question. Almost nothing has been written about when benefits must be provided. However, accumulation of assets by charities raises profound ethical, economic and social considerations that are highlighted by the present retreat of the welfare state and the impact of the Global Financial Crisis and COVID-19. This book analyses the issue through a normative, doctrinal and comparative analysis of the legal constraints upon accumulation by charities. It reveals that the legal restraints contain significant gaps in relation to the intergenerational distribution of benefits and to the balance of decision-making between generations. In particular, the book asserts that there is room for law reform to better identify and incorporate principles of intergenerational justice into the regulation of charities.
Covering such critically important laws as the Homestead Act of 1862, the Social Security Act of 1935, Medicare and Medicaid, the Personal Responsibility and Work Opportunity Act, and many others, this resource is perfect for students looking for a thorough and understandable examination of the laws that created America's social insurance system. America is a welfare state. When 2/5 of Americans receive some type of financial assistance from the government, and federal spending on retirement pensions, health care, and income security programs approaches one trillion dollars per year, one can hardly argue otherwise. Faced with seemingly insurmountable cultural, political, and constitutional obstacles, how did a welfare state actually come to be constructed in America? The laws in this volume provide an answer.
With the passage of the Social Security Act in 1935, the US government ushered in a new era of social welfare policies, to counteract the devastation of The Great Depression. While political philosophers generally view the welfare state to be built on values of equality and human dignity, America's politicians, beginning with Franklin D. Roosevelt, argued on different grounds. From the beginning, Roosevelt based his defense of the welfare state on the individualist, or Lockean premises inherent in America's political culture. As a result, he not only encouraged the United States' commitment to individualism, but also contributed to distinctively harsh American stigmatization of welfare recipients. In The Transformation of American Liberalism, George Klosko explores how American political leaders have justified social welfare programs since the 1930s, ultimately showing how their arguments have contributed to notably ungenerous programs. Students of political theory note the evolution of liberal political theory between its origins and major contemporary theorists who justify the values and social policies of the welfare state. But the transformation of liberalism in American political culture is incomplete. Individualist values and beliefs have exerted a continuing hold on America's leaders, constraining their justificatory arguments. The paradoxical result may be described as continuing attempts to justify new social programs without acknowledging incompatibility between the arguments necessary to do so and American culture's individualist assumptions. An important reason for the striking absence of strong and widely recognized arguments for social welfare programs in American political culture is that its political leaders did not provide them.
Housing Conditions: tenants' rights is the definitive legal guide to bad housing conditions in rented accommodation in England. It covers the private rented sector, council housing and homes let by housing associations or other social landlords. Previously titled Repairs: tenants' rights, it has long been recognised as the essential text for all housing advisers and lawyers dealing with disrepair and other adverse conditions affecting residents in rented housing accommodation. The Homes (Fitness for Human Habitation) Act 2018, coming into force in March 2019, is the biggest advance in tenants' rights relating to housing conditions for a generation. Initially, it will require all new lettings to be of homes fit for habitation and that they be kept fit. It will further come to apply to virtually all residential tenancies whenever granted. This new edition takes a broader approach to housing conditions in the light of the new Act and this is reflected in the new title and also a significant revision and restructuring of the content. The text of the book is now concerned more generally with problems arising from the poor condition of much rented housing. It deals with fitness for human habitation and with health and safety issues going well beyond the traditional concern of lawyers and other advisers with the topic of repair/disrepair (while also dealing with those issues). Housing Conditions: tenants' rights outlines what tenants can do to obtain better conditions themselves, but also what local councils, responsible for housing conditions in their areas, can do to help them achieve improved conditions. Contents include: *landlords' obligations *enforcing rights *private tenants: involving the local council *funding *proceedings under the Environmental Protection Act 1990 *criminal proceedings and rogue landlords *infestations, hazards and absence of amenities *compensation *Practical step-by-step guidance on how to bring a disrepair claim *Extensive set of precedents with worked examples used at all stages of the court process, extracts from legislation and helpful guidance on technical information Housing Conditions: tenants' rights is about bad housing conditions in rented accommodation in England. It is primarily written for the assistance of the occupiers of that housing and their advisers, but it will also be useful to landlords, providers of accommodation and to those who advise them. Written and structured in an accessible and practical way, it is an indispensable resource for both non-lawyers and busy practitioners.
This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.
Inspired by the political interventions of feminist women of color and Foucauldian social theory, Anna Marie Smith explores the scope and structure of the child support enforcement, family cap, marriage promotion, and abstinence education measures that are embedded within contemporary United States welfare policy. Presenting original legal research and drawing from historical sources, social theory, and normative frameworks, the author argues that these measures violate the rights of poor mothers. Drawing on several historical precedents the author shows that welfare policy has consistently constructed the sexual conduct of the racialized poor mother as one of its primary disciplinary targets. The book concludes with a vigorous and detailed critique of Sen. Hillary Rodham Clinton's support for welfare reform law and an outline of a progressive feminist approach to poverty policy.
The system of representation where children and young people are
provided with both a social work guardian ad litem and a specialist
solicitor is widely regarded as a model of excellence. However,
until now, information about the system and its advantages has
tended to neglect the views and experiences of the children
concerned. Based on a unique research study, Out of Hearing
investigates the representation service from the child s
perspective. Observations of representatives meetings with their
child clients and separate interviews with the children and their
representatives paint a disturbing picture of the isolation of
children at a time of immense stress and upheaval. Feedback from
children about what they considered helpful or unhelpful in the
actions of their representatives; their views about reading, or not
seeing, court reports about themselves; and their feelings about
going to court, or being excluded from its proceedings, convey
powerful messages to the professionals and practitioners seeking to
help them. Drawing on these experiences, the authors offer
recommendations for practice and policy to enable children s views
to be heard more effectively. Providing fresh insight into the
representation service, Out of Hearing is essential reading for
solicitors, guardians ad litem, social workers, judges,
magistrates, policy makers, and academics. It will also be of
interest to children s rights organisations, young people and
charities.
To what extent has the process of European integration re-drawn the boundaries of national welfare states? What are the effects of such re-drawing? Boundaries count: they are essential in bringing together individuals, groups, and territorial units, and for activating or strengthening shared ties between them. If the profile of boundaries changes over time, we might expect significant consequences on bonding dynamics, i.e. on the way solidarity is structured in a given political community. The book addresses these two questions in a broad historical and comparative perspective. The first chapter sets out a novel theoretical framework which re-conceptualizes the welfare state as a 'bounded space' characterized by a distinct spatial politics. This reconceptualization takes as a starting point the 'state-building tradition' in political science and in particular the work of Stein Rokkan. The second chapter briefly outlines the early emergence and expansion of European welfare states till World War II. Chapters 3 and 4 analyse the relationship between domestic welfare state developments and the formation of a supranational European Community between the 1960s and the 2000s, illustrating how the process of European integration has increasingly eroded the social sovereignty of the nation-state. Chapter 5 focuses on new emerging forms of sub-national and trans-national social protection, while Chapter 6 discusses current trends and future perspectives for a re-structuring of social protection at the EU level. While there is no doubt that European integration has significantly altered the boundaries of national welfare, de-stabilizing delicate political and institutional equilibria, the book concludes by offering some suggestions on how a viable system of multi-level social protection could possibly emerge within the new EU wide boundary configuration.
To what extent has the process of European integration re-drawn the boundaries of national welfare states? What are the effects of such re-drawing? Boundaries count: they are essential in bringing together individuals, groups, and territorial units, and for activating or strengthening shared ties between them. If the profile of boundaries changes over time, we might expect significant consequences on bonding dynamics, i.e. on the way solidarity is structured in a given political community. The book addresses these two questions in a broad historical and comparative perspective. The first chapter sets out a novel theoretical framework which re-conceptualizes the welfare state as a 'bounded space' characterized by a distinct spatial politics. This reconceptualization takes as a starting point the 'state-building tradition' in political science and in particular the work of Stein Rokkan. The second chapter briefly outlines the early emergence and expansion of European welfare states till World War II. Chapters 3 and 4 analyse the relationship between domestic welfare state developments and the formation of a supranational European Community between the 1960s and the 2000s, illustrating how the process of European integration has increasingly eroded the social sovereignty of the nation-state. Chapter 5 focuses on new emerging forms of sub-national and trans-national social protection, while Chapter 6 discusses current trends and future perspectives for a re-structuring of social protection at the EU level. While there is no doubt that European integration has significantly altered the boundaries of national welfare, de-stabilizing delicate political and institutional equilibria, the book concludes by offering some suggestions on how a viable system of multi-level social protection could possibly emerge within the new EU wide boundary configuration.
This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms - competition law and free movement law in particular - on both 'services of general economic interest' and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on 'social Europe' is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.
The Care Standards Act 2000 came into force in April 2002 and provides for the administration of a variety of care institutions, including children's homes, independent hospitals, nursing and residential care homes.This Act replaces the Registered Homes Act 1984 and those parts of the Childrens Act 1989 which are relevant to the care or the accommodation of children. It is a major piece of legislation which seeks to substantially reform the law relating to the inspection and regulation of homes. This book provides an in-depth guide to the new framework and offers advice on the practical and procedural effects. It also covers judicial review procedures and the potential human rights implications of the new Act.
Whether protecting their own rights or those of their clients, or navigating the juvenile justice, immigration, or welfare systems, social workers confront legal issues every day. This book explores legal concepts, legal reasoning, and legal processes -- illustrated with case vignettes from social work practice -- in order to provide social work practitioners and students with practical and accessible legal knowledge. It introduces readers to scholarship about the law and to conceptual knowledge that can be applied to any interaction with the legal system. Social workers are thereby enabled to "think like a lawyer" and increase their effectiveness. The volume features a discussion of recent reform movements, including Alternative Dispute Resolution, and an appendix of sources for legal information and research on the law.
"Law and Poverty: Perspectives from South Africa and Beyond" is a collection of essays by leading South African and international experts, as well as emerging young scholars. The collection focuses on key theoretical and strategic questions concerning the relationship between law and systemic poverty. The essays were first presented at a colloquium on Law and Poverty organised by the Stellenbosch Law Faculty, which took place from 29 to 31 May 2011. The range and richness of the essays illuminate the multifaceted nature and causes of poverty, as well as the possibility and limits of law in responding to the social injustice which poverty represents. By engaging with these questions, the book aims to deepen critical reflection and debate on law's ability to respond effectively to social and economic marginalisation. "The substantive content of law is influenced by how lawyers conceive and frame cases, by what theories we choose to advance, and what understanding of the legal process and the scope of judicial review we offer to the courts. Working on these questions is at best a modest contribution towards establishing a just society. But, as the learning, insight, imagination and intellectual daring on display in this collection of essays reveals, it is a contribution that should concern all those interested in the interrelationship between law and social justice." Prof Karl Klare, George J and Kathleen Waters Matthews Distinguished University Professor, Northeastern University School of Law The collection was edited by Sandra Liebenberg, HF Oppenheimer Chair in Human Rights Law at the University of Stellenbosch Law Faculty, and Geo Quinot, Professor of Law at Stellenbosch Law Faculty and Editor of the "Stellenbosch Law Review." Professors Liebenberg and Quinot co-direct a newly formed research and postgraduate training project on Socio-Economic Rights and Administrative Justice (SERAJ) based at the Stellenbosch Law Faculty.
The effects of COVID-19 are visited disproportionately on the already disadvantaged. This important text maps out ways in which those already disadvantaged have been affected by legal responses to COVID-19. Contributors tackle issues including virtual trials, adult social care, racism, tax and spending, education and more. They reflect on the implications of COVID-19 and express concerns with policy and practice developments and with the neutral version of the law and the economy which has taken root. Drawing on diverse resources, this text offers an account of the damage caused by legal responses to the pandemic and demonstrates how the future response can be positive and productive.
With welfare to work programmes under intense scrutiny, this book reviews a wide range of existing and future policies across Europe. Seventeen contributors provide case studies and legal, sociological and philosophical perspectives from around the continent, building a rich picture of welfare to work policies and their impact. They show how many schemes do not adequately address social rights and lived experiences, and consider alternatives based on theories of non-domination. For anyone interested in the justice of welfare to work, this book is an important step along the path towards more fair and adequate legislation.
Hit by the European financial and economic crisis in 2008, several Member States of the European Monetary Union (EMU) were unable to refinance their public debt through the financial markets. As a result, they asked for financial assistance from international institutions and European financial assistance mechanisms. That assistance often came at a high price for citizens, cuts in pensions and social assistance, and controversial reforms in public healthcare. These far-reaching reforms were, in many cases, experienced as violations of people's human rights. National constitutional courts, the Court of Justice of the EU, and the European Court of Human Rights issued a series of rulings on the conformity of the reforms in social protection initiated during the Eurozone crisis. This book offers a holistic analysis of the specific reforms in social protection introduced during the European financial crisis and their implications for constitutional law. Focusing on the social reforms of nine European countries that were greatly affected by the financial crisis, the volume seeks to address the legacy of the financial crisis on the application of constitutional law and the welfare state. The book will act as a helpful tool to legal academics interested in the challenges of constitutional and social law initiated by financial assistance conditionality, to advocates in quest of sound legal bases for the protection of individuals affected by social security reforms, and to national and international judges who are confronted with cases that question the legality and legitimacy of the crisis-related reforms.
Over the last three decades, welfare policies have been informed by popular beliefs that welfare fraud is rampant. As a result, welfare policies have become more punitive and the boundaries between the welfare system and the criminal justice system have blurred-so much so that in some locales prosecution caseloads for welfare fraud exceed welfare caseloads. In reality, some recipients manipulate the welfare system for their own ends, others are gravely hurt by punitive policies, and still others fall somewhere in between. In Cheating Welfare, Kaaryn S. Gustafson endeavors to clear up these gray areas by providing insights into the history, social construction, and lived experience of welfare. She shows why cheating is all but inevitable-not because poor people are immoral, but because ordinary individuals navigating complex systems of rules are likely to become entangled despite their best efforts. Through an examination of the construction of the crime we know as welfare fraud, which she bases on in-depth interviews with welfare recipients in Northern California, Gustafson challenges readers to question their assumptions about welfare policies, welfare recipients, and crime control in the United States.
This annual title from CPAG contains all the relevant primary and secondary legislation governing housing benefit and the council tax reduction schemes in England, Wales and Scotland. With expert commentary on the rules, the latest caselaw, official guidance and advice on administrative and practical issues, it is an essential resource for anyone dealing with housing benefit enquiries, especially those preparing and presenting appeals, as well as lawyers, local authority staff and housing organisations. Used in all housing benefit cases coming before the First-tier Tribunal, it includes an updating Supplement in summer 2020.
According to Pinkerton-the leading provider of risk management services in the world-workplace violence is second only to cybersecurity as the top threat faced by organizations today. Incidents involving active shooters in the workplace are on the rise and becoming more violent and deadly. Active Shooter provides the tools necessary to identify potential violent individuals, along with the options and responses needed to save lives, reduce corporate liability, and recover from an active shooter event should it happen. Active Shooter begins with a brief history of active shooters and how they have changed over time. It shows why many perpetrators initiate attacks, what they often are thinking, and some of the indicators that could have been identified prior to the attack. The book shows how to develop an active shooter program in an organization, walking readers through the entire process including training exercises to test the efficiency of the program. With the uniquely private security perspective, Active Shooter illustrates how to communicate with law enforcement, government agencies, and the media in the event of active shooter incident. The book concludes with a discussion of how organizations can recover promptly after an incident, which is crucial for operational survival. |
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