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Vol 23 No 1 Jan/Feb 2018

Book of the Month

Cover of The Law of Privilege

The Law of Privilege

Edited by: Bankim Thanki
Price: £195.00

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Susan M. SterettAssociate Professor of Political Science, University of Denver, USA

ISBN13: 9780801439841
ISBN: 0801439841
Published: July 2005
Publisher: Cornell University Press
Format: Hardback
Price: £47.95

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Susan M. Sterett traces the legal and constitutional structures underlying early social welfare programmes in the United States. Sterett explains the status of state and local government payments for public servants and the poor from the mid-19th century until the Great Depression. The most visible public payments for service in the United States were directed to soldiers, who risked death for the nation. However, firemen, not soldiers, first captured local governments' attention; social welfare programmes for soldiers were modelled on firemen's pensions. The dangerous work of firefighting and of combat provided the fundamental legal analogy for courts as governments expanded pensions in the late 19th and early 20th century.;Nothing about the state court doctrine approving payments for dangerous, local service would allow pensions for indigent mothers and for the elderly, which states began to consider after 1910. County commissioners and railroads that objected to the new taxes could fight programmes based on the old doctrine, established for firefighters, soldiers, and finally civil servants. State litigation provided one of the many grounds for contesting expanded welfare states in the early 20th century United States. Sterett demonstrates that state courts maintained a gendered division between the service that marked citizenship and the dependence that marked indigence, even during the promising ferment of the early 20th century.

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