During the 1960s a new breed of poverty lawyers--in collaboration with welfare recipient activists--mounted a legal campaign to create a constitutional right to welfare. The collaboration worked significant changes in the social welfare system of the United States and in the scope of individual constitutional rights. In this book, Martha F. Davis tells the behind-the-scenes story of the strategies, successes, failures, and frustrations of that important campaign.Drawing on interviews with many of the people who participated in the welfare rights movement, as well as on original sources, Davis traces the historical and philosophical connections among welfare rights lawyers, the settlement house movement of the late nineteenth and early twentieth centuries, and the civil rights movement, and she shows how the legal campaign for the poor followed and built on the litigation strategies developed by the NAACP Legal Defense and Educational Fund's earlier effort to desegregate the public schools. She outlines the creation of welfare law in the 1960s and provides the first detailed account of the strategy to use law as a mechanism for organizing and expanding the rights of welfare recipients. She vividly describes seminal cases and individual lawyers and activists, including Edward Sparer, the lawyer acknowledged as the father of welfare law; George Wiley, founder of the National Welfare Rights Organization; and Charles Reich, whose theories were crucial to the formulation of the plaintiffs' position in Goldberg v. Kelly, the landmark case that argued that welfare benefits were protected by the due process clause and should not be terminated without a hearing. Even though 1960s welfare rights litigation was ultimately unsuccessful in broadly reforming the welfare system, Davis shows the important role legal strategies and lawyers themselves have played in this social movement of the poor.
This book shows how responsiveness in European welfare programs is institutionalized through nationally distinct legal foundations, professional traditions, and resource networks, while revealing how resource scarcities threaten to erode these capabilities.
Designed to help practitioners and carers in social welfare services make the links between the law and their work, this updated edition maintains the accessible, user-friendly style of the first edition, but also includes useful lists of issues, points for consideration, activities and case studies.
Judicial interpretation of federal statutes has often been at the center of political controversy in recent years. In fact, it would be difficult to find a major domestic policy area in which statutory interpretation by the federal courts has not played a significant role in shaping the activities of government. In most important cases, judges base their interpretation not on the letter of the law, but on their reading of its history, purpose, and spirit. What judges discover between the lines of statutes often has major policy consequences.
This book examines how statutory interpretation has affected the development of three programs: Aid to Families with Dependent Children, education for the handicapped, and food stamps. It explores how these decisions have changed state and national policies and how other institutions--especially Congress--have reacted to them. Although these three programs differ in several important ways, in each instance court action has expanded program benefits and increased federal control over state and local governments.
R. Shep Melnick ties trends in statutory interpretation to broader policy developments, including the expansion of the agenda of national government, the persistence of divided government, and the resurgence and decentralization of Congress. He demonstrates that Congress frequently modifies or overturns court rulings, and he explains why statutory interpretation became so controversial in the 1980s.
Between the Lines also explores the understanding of welfare rights that has guided the development of welfare policy over the past fifty years. What basic beliefs about the welfare state underlie court decisions interpreting these statutes? To what extent do members of Congress share these views? How have the assumptions of judges and members of Congress changed over time? These are some of the questions addressed in this detailed study of American welfare policy.
The essays in this volume explore continuities and changes in the role of philanthropic organizations in Europe and North America in the period around the French Revolution. They aim to make connections between research on the early modern and late modern periods, and to analyze policies towards poverty in different countries within Europe and across the Atlantic. Cunningham and Innes highlight the new role for voluntary organizations emerging in the late eighteenth century and draws out the implications of this for received accounts of the development of welfare states.
The commitment to "end welfare as we know it" shaped public policy in the 1990s. Analysts all seemed to agree that public welfare programs were a resounding failure. What should better public care look like?
Democracy, Justice, and the Welfare State sets up a dialogue between work on the ethic of care and studies of public care in practice. White argues that care as it is currently institutionalized often both assumes and perpetuates dependency and so paternalistic relationships of authority. Better public care requires that such paternalistic practices be challenged. Care appropriate to a democratic context must itself be a democratic practice.
Self-help organizations and charities were the most numerous, but least-studied of pressure groups to emerge during perestroika . This book examines the social exclusion experienced before 1985 by non-working citizens, studies the pre-1985 disabled people's movement and its numerous unofficial, but non-dissident organizations, discusses why the Gorbachev leadership adopted the non-Soviet concept of 'charity', analyses the failure of local authorities after 1985 to stave off pluralism and defeat the voluntary organizations, and assesses how successfully the latter built the foundations of a civil society.
With The Divided Path, Allan Mitchell completes his superb trilogy on the German influence in France between the wars of 1870 and 1914. Mitchell's focus here is on the French response to the pathbreaking social legislation passed during the 1880s in imperial Germany under Otto von Bismarck. Operating under a liberal republican regime, France tended to reject the interventionist policies of its imposing neighbor and to seek a distinctly French solution to the many social problems that became more pressing as the nineteenth century reached its climax in the First World War.
Mitchell's carefully researched study investigates a number of specific issues that remain of direct relevance today, such as gender relationships, health care (including the treatments and prevention of infectious disease), labor conflicts, taxation policy, social security measures, and international tensions on the eve of a major war. He shows that certain key problems of public health and welfare found different solutions in France and Germany, and he explains why the differences emerged and how they defined the two major competitors of continental Europe. The nineteenth-century epidemic of tuberculosis provides a case in point: the German state intervened to combat the dreaded disease with vigorous measures of public hygiene and popular sanatoria, but the French republic moved more cautiously to limit interference in the private sphere, even though laissez faire often meant laissez mourir.
Mitchell's book is the first full-scale study of French social reform after 1870 that is based on documentation in both France and Germany. The first hesitant steps of the French welfare state are thrown into sharp relief by comparison with developments in Germany. No other work on modern France presents such a broad panorama of social reform, and none draws together such a rich tableau of telling detail about the development of the French health and welfare system after 1870.
In a lucid conclusion, Mitchell places this story in the general context of his three volumes, thereby offering a summary of the Franco-German encounter that has come to dominate the history of Europe in the twentieth century.
Originally published in 1991.
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Tropman examines American values and the two groups that threaten those values. One might wonder why, in the world's wealthiest society, do the poor seem so stigmatized. Tropman's answer is that they represent potential and actual fates that create anxiety within the dominant culture and within the actual poor themselves. The response in society is hatred of the poor, he contends, and among the poor themselves, self-hatred.
Two groups of poor are analyzed. The status poor--those at the bottom of America's money, deference, power, education, or occupation (and combinations of those). The status poor embody the truth that, in the land of opportunity, not all succeed. The elderly are the life cycle poor. They are deficient of future, and in the land of opportunity, to have one's own life trajectory circumscribe hope is a condition that must be denied. Poorhate is a classic example of blame the victim. Tropman explores the process of poorhate through data from the 1960s and 1970s, and he uses the past to illuminate the probelms of the present, and, hopefully, to assist in crafting a better future. A provocative work for students and scholars of social welfare policy and policymakers themselves.
Paul Slack's incisive analysis shows how the English came to believe between 1500 and 1740 that piecemeal improvement was more likely to be achieved than total social reformation. He examines social policy and institutions such as workhouses and hospitals in order to illustrate how
contemporaries tried to shape their social and moral environment, and how they defined the notion of welfare'.