This title was first published in 2001: Welfare law is a legal field integral to most jurisprudential formulations, whether artificially designated as doctrinal, theoretical or practical. At its core, legal discourse regarding welfare challenges the formulations traditionally viewed as ’pre-legal’, the ’background rules’ of property, tort and contract law. In addition, it affects a large percentage of the world’s population, highlights the social construction of identities and perhaps more than any other area of law, graphically epitomizes the intersection of class, race and gender distinctions. 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 nonessential and re-establish its value and importance.
Table of Contents
Contents: Development of the Welfare State: Theories of the welfare state, Jill Quadagno; Theories of justice and the welfare state, Nicola Lacey. 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 exclusion: New Labour and the welfare state, Ruth Lister. 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. 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. Evolving Welfare States Within a Global Economy: The international labor organization and the welfare state: institutional effects on national welfare spending 1960-80, David Strang and Patricia Mei Yin Chang; The making of post-Communist social policy: the role of international agencies, Bob Deacon and Michelle Hulse; Name index.