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Vol 21 No 10 Oct/Nov 2016

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Welfare Law

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ISBN13: 9780754620969
ISBN: 0754620964
Published: March 2002
Publisher: Ashgate Publishing Ltd
Format: Hardback
Price: Out of print



Welfare law is a field integral to most jurisprudential formulations, whether artificially designated as doctrinal, theoretical or practical. 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 non-essential. The editor has chosen articles in which the authors aim to engage with much of the contemporary political and societal rhetoric underlying the retrenchment, to reflect many of the important tensions within the field, and to assist in re-envisioning. Such an endeavour requires an understanding of poverty beyond a traditional class-based analysis, viewing it through the lens of multiple complex interactions of alienage, gender, race and class, both internal to a nation-state and cross-border. Thus this work provides a critique both of the majoritarian ""consensus"" regarding welfare law and the failure of traditional, albeit left, welfare scholarship to struggle with the intersectionality of alienage, gender, race and class.

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Contents:
Part 1 Development of the welfare state: theories of the welfare state, Jill Quadagno; theories of justice and the welfare state, Nicola Lacey.
Part 2 The rhetoric of dependency - wage work and family work: a genealogy of dependency - tracing a keyword of the US welfare state, Nancy Fraser and Linda Gordon; masking dependency - the political role of family rhetoric, Martha L.A. Fineman; from equality to social inclusion - New Labour and the welfare state, Ruth Lister.
Part 3 The meaning of citizenship: women, citizenship and difference, Nira Yuval-Davis; citizenship and gender - theoretical approaches and historical legacies, Jet Bussemaker and Rian Voet; opposing Prop.187 - undocumented immigrants and the national imagination, Linda S. Bosniak; pious wishes or directly enforceable human rights? - social and economic rights in South Africa's 1996 constitution, Pierre De Vos.
Part 4 Images, constructions and identities: race, rat bites and unfit mothers - how media discourse informs welfare legislation debate, Lucy A. Williams; the rhetoric of poverty - their immorality, our helplessness, Thomas Ross; the value of black mothers' work, Dorothy E. Roberts; comment - raising questions about perspectives on black lone motherhood, Miri Song and Rosalind Edwards; social identity and social policy - engagements with postmodern theory, David Taylor.
Part 5 Evolving welfare states within a global economy: the international labour organization and the welfare state - institutional effects on national welfare spending, David Strang and Patricia Mei Yin Chang; the making of post-communist social policy - the role of international agencies, Bob Deacon and Michelle Hulse.