The Journal of social welfare law最新文献_第2页

Female circumcision--is there a legal solution? 女性割礼——有法律解决方案吗?

The Journal of social welfare law Pub Date : 1984-11-01 DOI: 10.1080/09649068408413829

K. Hayter

引用次数: 16

Discretion in Social Welfare: The Uneasy Position in the Rule of Law 社会福利中的自由裁量权:法治中的不安地位

The Journal of social welfare law Pub Date : 1983-06-01 DOI: 10.2307/796271

J. Handler

{"title":"Discretion in Social Welfare: The Uneasy Position in the Rule of Law","authors":"J. Handler","doi":"10.2307/796271","DOIUrl":"https://doi.org/10.2307/796271","url":null,"abstract":"Prior to the routinization and bureaucratization of public welfare, the system could be loosely described as discretionary, professional, and decentralized. In general, eligibility was not clear-cut; budgets were individually determined. But even in those days, there were rules. Professionalization was the ideal, but most workers were in fact not professionals. And there were efforts at centralization at both the federal and state levels. Certainly as compared to the present, however, the public assistance programs had far more play. What was that system like? Then, as now, there was great variety, but some generalizations can be made. Wisconsin was a benign, liberal system. Basic grants were relatively generous, there was an elaborate system of special grants to meet both emergency and rehabilitative goals, and there was a considerable degree of professionalism. In practice, however, the system was quite routinized. The special needs program was not utilized in any significant amount; it depended, for the most part, on client initiative and clients lacked information or were hesitant to ask. The caseworkers, a shifting sea of people who used their public assistance jobs as way stations, were not particularly interested in spending more agency resources or engaging in more paperwork. At that time, home visits were mandatory, but, for the overwhelming majority of recipients, the visit was pleasant and attitudes toward the caseworker were positive. For the most part, these were friendly, non-threatening social calls. But in the rare situation in which caseworkers did have control over something that the clients wanted, then negative feelings arose-feelings of dependency and coercion. The next example comes from Professor Mashaw's empirical work in Virginia, but is a story that has been found many times over in many parts of the country. These are the depressing tales of refusals to take","PeriodicalId":83137,"journal":{"name":"The Journal of social welfare law","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1983-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90789487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 5

Legality, Bureaucracy, and Class in the Welfare System 福利制度中的合法性、官僚主义和阶级

The Journal of social welfare law Pub Date : 1983-06-01 DOI: 10.2307/796270

William H. Simon

{"title":"Legality, Bureaucracy, and Class in the Welfare System","authors":"William H. Simon","doi":"10.2307/796270","DOIUrl":"https://doi.org/10.2307/796270","url":null,"abstract":"When lawyers confronted the welfare system in the 1960's, they charged it with oppressive moralism, personal manipulation, and invasion of privacy. They focused attention on the \"man-in-the-house\" rules that disqualified families on the basis of the mother's sexual conduct and the \"midnight raids\" in which welfare workers forced their way into recipients' homes searching for evidence of cohabitation.' When I represented welfare recipients from 1979 to 1981, the workers showed little interest in policing their morals or intruding on their private lives. The \"man-in-the-house\" rule and the practice of unannounced or nighttime visits had been repudiated.2 Yet the pathologies emphasized by the lawyers of the 1960's seemed to have been mitigated at the cost of exacerbating others that were in some respects their mirror images: indifference, impersonality, and irresponsibility. The new pathologies were typified by cases in which newly arrived Cuban refugees were denied assistance because they could not produce appropriately certified copies of birth certificates for their children or in which people who sought assistance from the wrong worker were sent away without explanation, thinking mistakenly that they were entitled to nothing. I have a particularly vivid memory of a woman whose grant was terminated when she failed to produce a recently dated letter from the school of one of her children verifying his enrollment. She had produced letters from the three other schools her children attended and had produced let-","PeriodicalId":83137,"journal":{"name":"The Journal of social welfare law","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1983-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85185447","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 27

Psychosurgery: a hazardous and unestablished treatment? A case for the importation of American legal safeguards to Great Britain. 精神外科:一种危险且不确定的治疗方法?将美国法律保障措施引入英国的案例。

The Journal of social welfare law Pub Date : 1982-03-01 DOI: 10.1080/09649068208414572

L. Gostin

引用次数: 4

Compensation and payments for vaccine damage. 疫苗损害赔偿和付款。

The Journal of social welfare law Pub Date : 1978-10-01 DOI: 10.1080/09649067808414203

G. Dworkin

引用次数: 1

Welfare “Rights”, Law and Discretion 福利“权利”，法律与自由裁量权

The Journal of social welfare law Pub Date : 1971-04-01 DOI: 10.1111/J.1467-923X.1971.TB00061.X

R. Titmuss

引用次数: 23

Individual Rights and Social Welfare: The Emerging Legal Issues 个人权利与社会福利:新出现的法律问题

The Journal of social welfare law Pub Date : 1965-06-01 DOI: 10.2307/794793

C. Reich

{"title":"Individual Rights and Social Welfare: The Emerging Legal Issues","authors":"C. Reich","doi":"10.2307/794793","DOIUrl":"https://doi.org/10.2307/794793","url":null,"abstract":"THE time has come for lawyers to take a major interest in social welfare, and for the welfare profession to concern itself with the rapidly growing relevafice of law. Although welfare has always existed within a structure of law, until recently there has been little recognition or study of the basic legal issues underlying decisions affecting recipients of public assistance and other welfare beneficiaries. These issues will lie quiet no longer; they urgently demand our attention. The New Deal undertook a far-reaching experiment in social welfare, with the rapid enactment of new legislation in the fields of social security, unemployment compensation, public housing, and other forms of public aid. Since that time the experiment has been accepted as a fundamental and permanent aspect of our society. But although thirty years have passed, and a vast amount of experience has accumulated, there has been little in the way of critical examination of the legal issues in these welfare statutes - least of all by those who support the general principles of social welfare, and least of all with respect to issues concerning the substantive and procedural rights of individual beneficiaries. It is not surprising, then, that the legal status of these individuals' rights requires critical reexamination. The law of social welfare grew up on the theory that welfare is a \"gratuity\" furnished by the state, and thus may be made subject to whatever conditions the state sees fit to impose. A corollary legal theory holds that since all forms of welfare represent the expenditure of public funds, the public may properly interest itself in these funds even after they have reached the hands of beneficiaries. With these justifications at hand, recipients have been subjected","PeriodicalId":83137,"journal":{"name":"The Journal of social welfare law","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1965-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72722301","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 41