Law at the margins : towards social participation?
著者
書誌事項
Law at the margins : towards social participation?
Oxford University Press, 1991
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注記
Includes bibliographical references (p. 177-192) and index
内容説明・目次
内容説明
Law is only one of the disciplines which have some role in the making of public policy. Although laws are frequently brought in to deal with new issues of social concern, legislation may not be the ideal response. This book examines the relationship between the law and other disciplines in establishing the rights of citizens to gain access to state services and resources which define their status as citizens of the welfare state. The book rejects the argument that law necessarily does more harm than good, and that market (or other) responses are superior. It does however, accept that the law has often been expressed in an excessively detailed form, and may be too ambitious. The book argues that the law has a major role to play in securing the rights of the public, but contends that this calls for a new "responsive" role for the law, one where the law structures social environments to create the opportunities for equitable relationships between people and the state. It argues that in dealing with distributional issues of the modern welfare state, the law should adopt the role of that player "at the margins", whose prime task is to promote social participation.
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