Discretion In The Welfare State

Author : Anders Molander
Publisher : Taylor & Francis
ISBN 13 : 131545047X
Total Pages : 101 pages
Book Rating : 4.76/5 ( download)

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Download or read book Discretion in the Welfare State written by Anders Molander and published by Taylor & Francis. This book was released on 2016-09-13 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Joel Handler
Publisher : Russell Sage Foundation
ISBN 13 : 1610442679
Total Pages : 342 pages
Book Rating : 4.71/5 ( download)

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Download or read book The Conditions of Discretion written by Joel Handler and published by Russell Sage Foundation. This book was released on 1986-08-20 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Tony Evans
Publisher : Routledge
ISBN 13 : 1317075366
Total Pages : 200 pages
Book Rating : 4.63/5 ( download)

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Download or read book Professional Discretion in Welfare Services written by Tony Evans and published by Routledge. This book was released on 2016-04-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Robert E. Goodin
Publisher : Princeton University Press
ISBN 13 : 9780691022796
Total Pages : 444 pages
Book Rating : 4.98/5 ( download)

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Download or read book Reasons for Welfare written by Robert E. Goodin and published by Princeton University Press. This book was released on 1988-08-21 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Henriette Sinding Aasen
Publisher : Edward Elgar Publishing
ISBN 13 : 1783470232
Total Pages : 329 pages
Book Rating : 4.35/5 ( download)

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Download or read book Juridification and Social Citizenship in the Welfare State written by Henriette Sinding Aasen and published by Edward Elgar Publishing. This book was released on 2014-09-26 with total page 329 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Tony Evans
Publisher : Springer Nature
ISBN 13 : 303019566X
Total Pages : 438 pages
Book Rating : 4.63/5 ( download)

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Download or read book Discretion and the Quest for Controlled Freedom written by Tony Evans and published by Springer Nature. This book was released on 2019-08-21 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Majka Ryan
Publisher : Discourse, Power and Society
ISBN 13 : 9781538165249
Total Pages : 0 pages
Book Rating : 4.44/5 ( download)

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Download or read book Discretion in Welfare Bureaucracies written by Majka Ryan and published by Discourse, Power and Society. This book was released on 2023-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through in-depth analysis of decision-making on access to social assistance, this book reveals the dynamics of discretionary power in welfare institutions and evidences the effect that this power has on a fundamental aspect of society - the operation of the welfare state. The work builds upon theories of street-level bureaucracy, particularly its explanations of the complexity of the public service and policy environment. The text explores the dilemmas street-level bureaucrats face in their daily work, their responses to organisational pressures and the ambiguity of policy. The author argues that understanding the legislative and organisational conditions underpinning discretionary decision-making is crucial to ensuring effective and democratic functioning of welfare institutions.

Author : Kathi V. Friedman
Publisher : UNC Press Books
ISBN 13 : 1469647869
Total Pages : 358 pages
Book Rating : 4.69/5 ( download)

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Download or read book Legitimation of Social Rights and the Western Welfare State written by Kathi V. Friedman and published by UNC Press Books. This book was released on 2017-06-15 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning and timely study revitalizes Weber's ideas, applying them to welfare state redistributions and synthesizing them with major issues in political science, law, public administration, social welfare policy, and philosophy. Friedman depicts both the emergence of the welfare state in Britain and the United States and the special problems of legitimizing social rights raised by the need for administration of those rights. Originally published in 1991. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

Author : Lucy A. Williams
Publisher : Routledge
ISBN 13 : 1000113868
Total Pages : 603 pages
Book Rating : 4.60/5 ( download)

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Download or read book Welfare Law written by Lucy A. Williams and published by Routledge. This book was released on 2020-11-25 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Charles J. G. Sampford
Publisher : London ; Wolfeboro, N.H. : Croom Helm
ISBN 13 :
Total Pages : 248 pages
Book Rating : 4.95/5 ( download)

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Download or read book Law, Rights, and the Welfare State written by Charles J. G. Sampford and published by London ; Wolfeboro, N.H. : Croom Helm. This book was released on 1986 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights, by H.J. McCloskey