Research Handbook on Social Welfare Law

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Research Handbook on Social Welfare Law

9781800379411 Edward Elgar Publishing
Edited by Helen Carr, Professor of Property Law and Social Justice, University of Southampton, Edward Kirton-Darling, Senior Lecturer in Law, University of Bristol Law School, Jed Meers, Senior Lecturer in Law, York Law School, University of York, UK and Maria Fernanda Salcedo Repolês, Federal University of Minas Gerais Law School, Brazil
Publication Date: 2024 ISBN: 978 1 80037 941 1 Extent: 388 pp
Presenting diverse understandings of the origins and development of social welfare law, this globally informed Research Handbook embraces the inherent contradictions and complexities within the field. It emphasises the importance of ethical research and inclusivity and recognises the value of historical and contemporary methodologies.

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Contents
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Presenting diverse understandings of the origins and development of social welfare law, this globally informed Research Handbook embraces the inherent contradictions and complexities within the field. It emphasises the importance of ethical research and inclusivity and recognises the value of historical and contemporary methodologies.

The Research Handbook on Social Welfare Law illustrates the breadth and depth of modern welfare research, examining approaches that challenge the traditional boundaries of social assistance in practice. Contributors, including those from the Global North and South, explore timely and fascinating case studies, including an analysis of social insurance in India, constitutionalism in South Africa and social care in the UK. They cut across varied legal and social contexts, informing future research on a global scale.

This Research Handbook is crucial for academics and researchers focusing on social policy, particularly its patterns, histories and futures. It will provide rich rewards for students of law, social welfare and public policy.
Critical Acclaim
‘Ranging across time, place and scholarly disciplines, from colonial origins of welfare states to digitalisation and the Covid crisis, this book provides a rich feast of ideas for welfare state scholars. Its particular value is in the combination of theoretical and empirical research which should appeal to scholars across a wide range of disciplines and at different career stages.’
– Jackie Gulland, University of Edinburgh, UK
Contents
Contents
INTRODUCTION
1 The stories of social welfare law: territories, tactics, temporalities 3
Helen Carr, Edward Kirton-Darling, Jed Meers and Maria Fernanda Salcedo Repolês
BEGINNINGS
2 Charity and the roots of social welfare 20
Jonathan Garton
3 Ethical challenges of researching social welfare 40
Maria Fernanda Salcedo Repolês and André Luiz Freitas Dias
THE WELFARE–WORK NEXUS
4 ‘Poor citizens’: social welfare and the encouragement of work 61
Ciara Fitzpatrick
5 Conditional inclusion and the enduring appeal of colonial poor laws 83
Jeremy Seekings
SOCIAL INSURANCE AND RISK
6 Insuring the social: the foundations of social insurance 106
Pat O’Malley
7 Social insurance in the global south: the case of India 123
Dayashankar Maurya and Sashrika Cooray Nanayakkara
WELFARE RIGHTS
8 Social rights and constitutionalism in South Africa 144
Danie Brand
9 Welfare rights in theory and practice 158
Grainne McKeever and Mark Simpson
WELFARE IN ‘EXCEPTIONAL’ STATES
10 China’s social welfare system in transition 174
Ting Zuo, Jing Jin, and Rowan Alcock
11 The American ‘social welfare safety net’ 193
Anne Daguerre
DECISION-MAKING
12 Regulatory technologies and front-line decision-making 209
Jennifer Raso
13 Decision making and decision space at the street level: a comparison of primary health care systems in Indonesia and Thailand 226
Tatchalerm Sudhipongpracha
CONDITIONALITY
14 Conditional cash: the case of the Brazilian Bolsa Família 246
Walquíria Leão Rego and Alessandro Pinzani
15 Strict conditionality, structural injustice and welfare rights 263
Amir Paz-Fuchs
PROTECTION AND EMPOWERMENT
16 Capacity, Covid, care homes and crises: health and social care in the UK 279
Jaime Lindsey
17 The right to social security of persons with disabilities in Africa 296
Serges Djoyou Kamga
REFRAMINGS
18 Welfare state models and the protective legislation lacuna 307
Gregg M. Olsen
19 Ending the line: thinking through homelessness in England with intersectionality, epistemic injustice, and utopianism 329
Helen Carr and Carin Tunåker
20 The right to social assistance in the EU from a national/supranational perspective 352
María Dalli
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