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Juridification and Social Citizenship in the Welfare State
The 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 book questions the impact international and national regulations have upon vulnerable groups (the unemployed, patients, prisoners, immigrants, and others) in terms of inclusion, exclusion and social citizenship. Focusing on European welfare states, as well as lessons from Latin America, it considers the implementation of the right to health and the role of international courts. This book brings empirical analysis and multidisciplinary, comparative perspectives to the previously fragmented and largely theoretical debate on juridification in the welfare state.
More Information
Contributors
Contents
More Information
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. What impact do these international and national regulations have upon vulnerable groups in terms of inclusion, exclusion and social citizenship? The nature and effects of current juridification processes are hotly debated amongst social scientists and legal scholars.
Bringing empirical analysis and multidisciplinary, comparative perspectives to the previously fragmented and largely theoretical debate on juridification in the welfare state, this book asks key questions such as: To what extent do international human rights norms secure basic welfare services to vulnerable groups?; How do different regulations affect democratic participation?; What is the role of professionals in the distribution of welfare services?
Researchers, students and academics with an interest in law, human rights, social policy and the role of professionals in the welfare state will find much of value in this book.
Bringing empirical analysis and multidisciplinary, comparative perspectives to the previously fragmented and largely theoretical debate on juridification in the welfare state, this book asks key questions such as: To what extent do international human rights norms secure basic welfare services to vulnerable groups?; How do different regulations affect democratic participation?; What is the role of professionals in the distribution of welfare services?
Researchers, students and academics with an interest in law, human rights, social policy and the role of professionals in the welfare state will find much of value in this book.
Contributors
Contributors: H.S. Aasen, S. Bothfeld, L. Brandt, B. Bringedal, S. Bygnes, K. Bærøe, C. Cappelen, T. Eidsvaag, K.J. Fredriksen, O. Ferraz, R. Gargarella, S. Gloppen, E. Le Bruyn Goldeng, A. Kjellevold, S. Kremer, I.R. Lundeberg, A.-M. Magnussen, K. Mjåland, O. Mæstad, E. Nilssen, L. Rakner, P. Stephens, H. Stokke, W. van Rossum,
Contents
Contents:
1. Introduction
Henriette Sinding Aasen, Siri Gloppen, Anne-Mette Magnussen and Even Nilssen
2. Activation Policies and Proceduralization of Law in Britain, Denmark and Norway
Even Nilssen
3. Reflexive Rregulation of Employment Conditions: A Good Way to Reconcile Economic Efficiency with Social Protection?
Silke Bohtfeld and Stefanie Kremer
4. Unemployment Compensation and the Trade-off Between Equality and Personal Responsibility
Cornelius Cappelen and Eskil Le Bruyn Goldeng
5. The Activation Line in Social Securitiy and Social Assistance Law – A Human Rights Perspective
Tine Eidsvåg
6. Individual Rights and Prioritization of Health Care
Anne-Mette Magnussen and Lene Brandt
7. Judging the Price of Life: Cost Considerations in Right to Health Litigation
Siri Gloppen, Octavio Ferraz, Ottar Mæstad and Lise Rakner
8. Professionalism, Discretion and Juridification: Social Inequality in Health and Social Citizenship
Berit Bringedal and Kristine Bærøe
9. “Undocumented” Migrants´ Access to Healthcare Services in Europe: Tensions between International Human Rights, National Law and Professional Ethics
Henriette Sinding Aasen, Alice Kjellevold and Paul Stephens
10. Penal Hybridization: Staff–prisoner Relationships in a Norwegian Drug Rehabilitation Unit
Kristian Mjåland and Ingrid Lundeberg
11. Ad hoc Multiculturalism: Prison Staff Approaches to Cultural and Religious Diversity
Susanne Bygnes
12. How Legal Professionals in the Netherlands and in Norway Deal with Ccultural Diversity (and How that Affects Social Citizenship)
Katja Jansen Fredriksen and Wibo van Rossum
13. Rethinking Social Citizenship: the Case of the Finnmark Act
Hugo Stokke
14. International Courts, Social Rights and a Dialogic Approach to Justice: Experiences from Latin America
Roberto Gargarella
15. Juridification and Social Citizenship - International Law, Democracy and Professional Discretion.
Henriette Sinding Aasen, Siri Gloppen, Anne-Mette Magnussen and Even Nilssen
Index
1. Introduction
Henriette Sinding Aasen, Siri Gloppen, Anne-Mette Magnussen and Even Nilssen
2. Activation Policies and Proceduralization of Law in Britain, Denmark and Norway
Even Nilssen
3. Reflexive Rregulation of Employment Conditions: A Good Way to Reconcile Economic Efficiency with Social Protection?
Silke Bohtfeld and Stefanie Kremer
4. Unemployment Compensation and the Trade-off Between Equality and Personal Responsibility
Cornelius Cappelen and Eskil Le Bruyn Goldeng
5. The Activation Line in Social Securitiy and Social Assistance Law – A Human Rights Perspective
Tine Eidsvåg
6. Individual Rights and Prioritization of Health Care
Anne-Mette Magnussen and Lene Brandt
7. Judging the Price of Life: Cost Considerations in Right to Health Litigation
Siri Gloppen, Octavio Ferraz, Ottar Mæstad and Lise Rakner
8. Professionalism, Discretion and Juridification: Social Inequality in Health and Social Citizenship
Berit Bringedal and Kristine Bærøe
9. “Undocumented” Migrants´ Access to Healthcare Services in Europe: Tensions between International Human Rights, National Law and Professional Ethics
Henriette Sinding Aasen, Alice Kjellevold and Paul Stephens
10. Penal Hybridization: Staff–prisoner Relationships in a Norwegian Drug Rehabilitation Unit
Kristian Mjåland and Ingrid Lundeberg
11. Ad hoc Multiculturalism: Prison Staff Approaches to Cultural and Religious Diversity
Susanne Bygnes
12. How Legal Professionals in the Netherlands and in Norway Deal with Ccultural Diversity (and How that Affects Social Citizenship)
Katja Jansen Fredriksen and Wibo van Rossum
13. Rethinking Social Citizenship: the Case of the Finnmark Act
Hugo Stokke
14. International Courts, Social Rights and a Dialogic Approach to Justice: Experiences from Latin America
Roberto Gargarella
15. Juridification and Social Citizenship - International Law, Democracy and Professional Discretion.
Henriette Sinding Aasen, Siri Gloppen, Anne-Mette Magnussen and Even Nilssen
Index
