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Author: William J. Novak Publisher: Univ of North Carolina Press ISBN: 0807863653 Category : History Languages : en Pages : 409
Book Description
Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.
Author: William J. Novak Publisher: Univ of North Carolina Press ISBN: 0807863653 Category : History Languages : en Pages : 409
Book Description
Much of today's political rhetoric decries the welfare state and our maze of government regulations. Critics hark back to a time before the state intervened so directly in citizens' lives. In The People's Welfare, William Novak refutes this vision of a stateless past by documenting America's long history of government regulation in the areas of public safety, political economy, public property, morality, and public health. Challenging the myth of American individualism, Novak recovers a distinctive nineteenth-century commitment to shared obligations and public duties in a well-regulated society. Novak explores the by-laws, ordinances, statutes, and common law restrictions that regulated almost every aspect of America's society and economy, including fire regulations, inspection and licensing rules, fair marketplace laws, the moral policing of prostitution and drunkenness, and health and sanitary codes. Based on a reading of more than one thousand court cases in addition to the leading legal and political texts of the nineteenth century, The People's Welfare demonstrates the deep roots of regulation in America and offers a startling reinterpretation of the history of American governance.
Author: Theodore J. Stein Publisher: Columbia University Press ISBN: 0231126484 Category : Social Science Languages : en Pages : 489
Book Description
This book addresses this relationship between the professions of social work and law and helps social workers develop the knowledge necessary to practice in a legal environment. The author focuses on how the law affects the day-to-day practice of social work; the creation, administration, and operation of social service agencies; and the ways in which social workers and attorneys collaborate to serve the public.
Author: Michael Dougan Publisher: Bloomsbury Publishing ISBN: 1847310435 Category : Law Languages : en Pages : 300
Book Description
The assumption that Member States of the European Union enjoyed exclusive competence over social provision has been shaken by the realisation that they are now “semi-sovereign welfare states” whose policy choices are subject to increasing scrutiny under Community law. This book seeks to take stock of how Community membership is reshaping the legal environment of welfare provision across Europe. Topics covered include: the evolving economic and governance debates about Community intervention in social rights; the relationship between public services and Community competition and state aids law; the crucial developments which have taken place in the sphere of health care; and recent judgments on free movement and equal treatment for Union citizens as regards national education and social assistance policies. Social Welfare and EU Law provides a valuable collection of essays overall exploring the emergence of new models of social solidarity within the European Union.
Author: Mark Tushnet Publisher: Princeton University Press ISBN: 1400828155 Category : Political Science Languages : en Pages : 288
Book Description
Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.
Author: Andrea Saltzman Publisher: Wadsworth Publishing Company ISBN: 9780830415175 Category : Law Languages : en Pages : 0
Book Description
Written by an author team educated in both the law and social work, this book acquaints readers with major state and federal laws, regulations, and court opinions that directly affect social work practice. LAW IN SOCIAL WORK PRACTICE teaches readers to understand how to work within the legal system to benefit clients and further client interests, recognize certain client problems as legal, work effectively with lawyers, and learn how the law shapes and restricts clients' actions. It also addresses how the law regulates social work practice, and how to recognize and respect the rights of clients and others affected by a practitioner's actions.
Author: Paul A. Fideler Publisher: Red Globe Press ISBN: 0333688953 Category : History Languages : en Pages : 0
Book Description
Crossing period boundaries separating late medieval, early modern, and long eighteenth-century England, Paul A. Fideler offers a coherent overview of parish-centered social welfare from its medieval roots, through its institutionalisation in the Elizabethan Poor Law, to its demise in the early years of the Industrial Revolution. The study: - incorporates the latest scholarship - weaves together social, economic, demographic, medical, political, religious and ideological history - offers fresh treatments of the contextual importance of Christian moral theology in the fourteenth and fifteenth centuries, humanist and protestant thought in the sixteenth century and neo-Stoic benevolence and political arithmetic in the seventeenth and eighteenth centuries - explores two competing approaches to social welfare: societas (voluntary, rooted in custom and tradition) and civitas (mandatory, embedded in policy and law) - concludes with a detailed examination of the first histories of social welfare in England undertaken in the late eighteenth century.
Author: Lorie Charlesworth Publisher: Routledge ISBN: 1135179638 Category : Law Languages : en Pages : 561
Book Description
That ‘poor law was law’ is a fact that has slipped from the consciousness of historians of welfare in England and Wales, and in North America. Welfare's Forgotten Past remedies this situation by tracing the history of the legal right of the settled poor to relief when destitute. Poor law was not simply local custom, but consisted of legal rights, duties and obligations that went beyond social altruism. This legal ‘truth’ is, however, still ignored or rejected by some historians, and thus ‘lost’ to social welfare policy-makers. This forgetting or minimising of a legal, enforceable right to relief has not only led to a misunderstanding of welfare’s past; it has also contributed to the stigmatisation of poverty, and the emergence and persistence of the idea that its relief is a 'gift' from the state. Documenting the history and the effects of this forgetting, whilst also providing a ‘legal’ history of welfare, Lorie Charlesworth argues that it is timely for social policy-makers and reformists – in Britain, the United States and elsewhere – to reconsider an alternative welfare model, based on the more positive, legal aspects of welfare’s 400-year legal history.
Author: William J. Novak
Author: William J. Novak
Author: Theodore J. Stein
Author: Michael Dougan
Author: Mark Tushnet
Author: Andrea Saltzman
Author: Paul A. Fideler
Author: Karen M. Tani
Author: Gunther Teubner
Author: Donald N. Duquette
Author: Lorie Charlesworth