The Legal Foundations Of The Welfare State

A fully revised and rewritten second edition of a book which is now regarded as a classic. Takes full advantage of new research and places strong emphasis on voluntary action and the role of women in the shaping of social policy. It retains the excellent historical perspective that makes it unique among its competitors, comparing recent policy changes to pre-1950 welfare policy.

No detailed description available for "Dilemmas of Law in the Welfare State".

Human rights, by H.J. McCloskey

"The most profound reform of social policy in Germany during the last decade was the labour market reforms 2003/4. It was initiated by a reform commission chaired by Peter Hartz (Volkswagen) and its motifs and results are still controversial today. This book identifies these reforms by illustrating the international and European context. It unveils parallel developments in the Netherlands, Denmark, the United Kingdom and France, and shows to which extent the German reform had been driven and enhanced by the European Employment Strategy. The study does not focus on the details of the reform but its new elements: case, management, conditional social benefits, obligations to cooperate and sanctions. It shows that its leitmotif is not neoliberal but communitarian."--Résumé de l'éditeur.

In what has universally been recognized as a classic of institutional economics, John R. Commons combined the skills of a professional economist, the sensibilities of an American historian, and the passion of an active participant in the conflicts of individuals, self-interest of groups, and function of voluntary associations.The aim of this volume is to work out an evolutionary and behavioral theory of value. In order to do so thoroughly, Commons examines the decisions of the courts. Doing so compelled an examination of what the courts mean by reasonable value. Commons found that the answer was tied up with a notion of reasonable conduct. It was Commons who carried the study of the habits and customs of social life to the next stage: the decisions of the courts that are based on custom and that profoundly impact the nature and function of the economic system as such.Reviewing Legal Foundations of Capitalism, Wesley Mitchell declared that Commons carried this "analysis further along his chosen line than any of his predecessors. Into our knowledge of capitalism he has incorporated a great body of new materials which no one else has used adequately." And writing in the same American Economic Review twenty-one years later, Selig Perlman noted that "To Commons the workingmen were not abstract building blocks out of which a favored deity called History was to shape the architecture of the new society, but concrete beings with legitimate ambitions for a higher standard of living and for more dignity in their lives." This edition is graced with a special introduction that places Commons in proper academic as well as intellectual context.

This book focuses on the relationship between the welfare state & juridification. Discussions include the emergence of the welfare state & its influence on the laws structure & function, how the juridification of the social sphere is connected to the political instrumentalization of the law, & the emergence of the post interventionist law.