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Author: Anders Molander Publisher: Taylor & Francis ISBN: 131545047X Category : Political Science Languages : en Pages : 101
Book Description
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: Anders Molander Publisher: Taylor & Francis ISBN: 131545047X Category : Political Science Languages : en Pages : 101
Book Description
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: Robert E. Goodin Publisher: Princeton University Press ISBN: 9780691022796 Category : Philosophy Languages : en Pages : 444
Book Description
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: Joel Handler Publisher: Russell Sage Foundation ISBN: 1610442679 Category : Political Science Languages : en Pages : 342
Book Description
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: Majka Ryan Publisher: Rowman & Littlefield ISBN: 1538165252 Category : Social Science Languages : en Pages : 211
Book Description
Through case-study research, Majka Ryan offers a systematic microanalysis of discretion in a specific context of residence-based welfare conditionality derived from the labour movement directive 2004/38/EC. The latter is utilised in the coordination of social security benefits for mobile EU citizens across Europe. Ryan reveals that in Ireland and other jurisdictions, official rights, be they supranational or local, when translated into practice are shaped by different political, organisational and decision-making actors, consequently leading to an uneven distribution of substantive rights and unequal outcomes for different groups of people, disproportionately affecting those who must prove their deservingness. This book evidences how residence-based welfare conditions create a context where power is exercised freely by street-level decision-makers and illustrates how that power affects different groups in society, and consequently, how through those practices, the hegemonic discourses around legitimacy of access to public resources are reproduced.
Author: Henriette Sinding Aasen Publisher: Edward Elgar Publishing ISBN: 1783470232 Category : Law Languages : en Pages : 328
Book Description
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: 303019566X Category : Political Science Languages : en Pages : 438
Book Description
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: Kathi V. Friedman Publisher: UNC Press Books ISBN: 1469647869 Category : Social Science Languages : en Pages : 358
Book Description
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: Christoffer C. Eriksen Publisher: ISBN: 9780415859264 Category : Administrative discretion Languages : en Pages : 0
Book Description
This book explores how the right to free movement of goods, persons, services and capital in the European Union legal order affects the nation-states and the peoples of Europe. The four freedoms, as they are known, are vital for the construction and protection of the European market without internal frontiers. As such the four freedoms have been recognized as elements of a European constitutional order, which may challenge the autonomy of national constitutions and parliaments. This book explores the relations and conflicts between the European constitution and the legal regulation of mixed economies and markets within welfare-states. In particular it looks at the discretionary powers enjoyed by national governments and administrative authorities, which have been used by welfare states to provide opportunities to include affected interests, experts, and users in public decision-making, and thereby fulfil democratic ideals such as inclusion and deliberation in complex and differentiated societies. The book analyses a series of judgments from the European Court of Justice which indicate that the four freedoms may be incompatible with the practice of entrusting national authorities with discretionary powers, and shows how this creates a democratic dilemma for welfare states.
Author: Evelyn Z. Brodkin Publisher: Georgetown University Press ISBN: 1626160015 Category : Political Science Languages : en Pages : 336
Book Description
Work and the Welfare State places street-level organizations at the analytic center of welfare-state politics, policy, and management. This volume offers a critical examination of efforts to change the welfare state to a workfare state by looking at on-the-ground issues in six countries: the US, UK, Australia, Denmark, Germany, and the Netherlands. An international group of scholars contribute organizational studies that shed new light on old debates about policies of workfare and activation. Peeling back the political rhetoric and technical policy jargon, these studies investigate what really goes on in the name of workfare and activation policies and what that means for the poor, unemployed, and marginalized populations subject to these policies. By adopting a street-level approach to welfare state research, Work and the Welfare State reveals the critical, yet largely hidden, role of governance and management reforms in the evolution of the global workfare project. It shows how these reforms have altered organizational arrangements and practices to emphasize workfare’s harsher regulatory features and undermine its potentially enabling ones. As a major contribution to expanding the conceptualization of how organizations matter to policy and political transformation, this book will be of special interest to all public management and public policy scholars and students.
Author: Anders Molander
Author: Anders Molander
Author: Robert E. Goodin
Author: Joel Handler
Author: Majka Ryan
Author: Henriette Sinding Aasen
Author: Tony Evans
Author: Kathi V. Friedman
Author: Christoffer C. Eriksen
Author: Charles J. G. Sampford
Author: Evelyn Z. Brodkin