"In this paper I shall attempt to sketch a defense of the plain man's view that the job of the judge, qua judge is to apply the law." What seems to have lead to the other view is the pervasive role of policy and principle in the justification of judicial decisions. This is no argument, however, for the existence of discretion: "For while it must be admitted that judges are entitled to appeal to certain general policies and principles, this by (...) no means implies that they are entitled to exercise discretionary judgment in the formulation of such standards." With Dworkin, distinguishes weak and strong discretion: the former means merely final or controversial; the latter implying that judges are at some point free to reach decisions not controlled by authoritative standards. Agrees with Dworkin that non-rule standards are part of law. "Both Dworkin and I are in agreement that law is a system of entitlements, although, as we shall see, we differ as to what is their basis." "At any rate, we share the view that a litigant before a court of law is not in the position of one begging a favor from a potential benefactor, but rather in that of one demanding a particular decision as a matter of right, as something to which the law entitles him. Such a demand has two aspects: a claim that a right exists which the law recognizes; a claim that this right takes precedence over any competing legal rights or obligations involved. Let us refer to these two sorts of claims respectively as ones involving decisions as to recognition, and weight.:" Argues that we cannot distinguish between legal moral principles and non-legal moral principles without a rule of recognition. The same is true for the problem of establishing weight between various principles - here we have to consider how well a principle coheres with the institutional practice of a legal system. "[I]t is the distinctive feature of the institutionalized role of the judiciary, in contrast to the legislative, that it may not directly base decisions on substantive considerations of the value of competing social policies." "The theoretical possibility of the law being indeterminate with regard to what it requires...does not imply any correspondign indeterminacy with regard to what is required of the judge.". (shrink)

One of the principal means by which state management of rapid economic development has been attempted in the Greater Mekong Subregion (GMS) has been the creation and maintenance of special economic zones (SEZs). The purpose of SEZs is to encourage domestic and international investment in specific areas to promote mainly export-oriented manufacturing. They have been created in large numbers in Thailand, Vietnam and the Yunnan Province of China, and they are being built across Cambodia, Laos and now Myanmar. Negative effects, (...) such as pollution and the forcible clearances of people, are balanced by the provision of new jobs and better income-generating opportunities for people and their families. SEZs in the GMS are being increasingly drawn together by the large-scale creation of the Asian Highway Network, in addition to investment by domestic governments and by capital from Chinese corporations and the state. The creation of these linkages will have additional changes on the economic geography of the region and on the distribution of the factors leading to uneven development. This article seeks to identify the social and human implications of the spread of SEZs across the GMS. It seeks to draw together conclusions that lead to recommendations for public policy that will reduce the risks that people will face as a result. (shrink)

Empirical evidence clearly shows that child poverty is a growing concern in the industrialized world and that the well-being of children is deeply affected by growing up in poverty in at least two ways. On the one hand, a low socioeconomic status jeopardizes the access to goods and services that are necessary for the current well-being of children. On the other hand, growing up in poverty also, in various ways, negatively affects the well-being in later life. On the basis of (...) the capability approach, we will show that the systematic protection and advancement of the wellbeing of children, and hence the reduction of child poverty, is a key task of social justice, which should therefore guide policy design and implementation. However, we will also discuss the special composition of the well-being of children and point out how it poses difficulties for state action in this regard. In particular, we will argue that the importance of love and affection for a child’s well-being limits considerably the possible political measures to provide fair life chances to all children. This again reflects the insight that poverty should not be reduced to economic inequality. (shrink)

Although the body has become of increasing importance throughout the social sciences, it has been neglected by the discipline of social policy. The aim of this article is to rectify that neglect. It argues that the connections which some have begun to make between social welfare and the body can be strengthened by reference to the figure of the cyborg. The article develops a model that can be used to explain the cyborgization of social identity. This (...) process of cyborgization is then related to contemporary trends in social welfare: the individualization of rights and the collectivization of duties which is occurring via the prevalence of surveillance technologies and the ideology of productivism. These trends signify a drift towards what can be called post-social security. (shrink)

Should the development of pharmacological cognitive enhancers raise worries about doping in cognitively demanding activities? In this paper, we argue against using current evidence relating to enhancement to justify a ban on cognitive enhancers using the example of chess. It is a mistake to assume that enhanced cognitive functioning on psychometric testing is transferable to chess performance because cognitive expertise is highly complex and in large part not merely a function of the sum specific sub-processes. A deeper reason to doubt (...) that pharmacological cognitive enhancers would be as significant in mind sports is the misleading parallel with physical enhancement. We will make the case that cognitive performance is less mechanical in nature than physical performance. We draw lessons from this case example of chess for the regulation of cognitive enhancement more generally in education and the professions. Premature regulation runs the risk of creating a detrimental culture of suspicion that ascribes unwarranted blame. (shrink)

Care theory offers a way to overcome a weaknessof liberalism – its reluctance to intervene inthe private lives of adults. In caring for thehomeless, we must sometimes use a limited formof coercion, but our intervention is alwaysinteractive, and the process of finding asolution is one of negotiation between theneeds expressed by the homeless and the needswe infer for them.

Social policy, broadly understood, is an intervention by government or other public institution designed to promote the well‐being of its members or intended to rectify perceived social problems. Governmental policy can issue from legislative, executive, or judicial actions. Regulations and rules governing major public establishments, such as universities or medical institutions, and directed at promoting the aims of the larger social body can also be considered instruments of social policy. Social policy is sometimes understood more (...) narrowly as interventions of the state in the domain of distribution or redistribution, when action has been thought necessary to correct for the instability inherent in a given social structure or created by pressures for social change. In this sense, it pertains to welfare policies aimed at the poor. In this article, we will deal primarily with social policy in the broad sense, reserving a brief discussion at the end on social policy in the narrow sense, as welfare policy. (shrink)

This essay explores the long Western history of anxieties about feigned illness connected specifically to social policy. There is a remarkable consistency of such anxieties across time, as they appear in almost every major historical period in the West since the Middle Ages.

This is a largely historical study of Mexican social policy and its 20th century course to social development in such areas as income, education, health, nutrition, social safety, social security, with an emphasis on the motive forces. The overall pattern is examined in terms of affordability, rhetoric generated, and comparisons with other countries in the same stage of enhancement.

This book explores a timely topic for philosophers, social scientists, and policy makers concerning ethical theory, social policy, and modern work. It offers international perspectives and comparative analysis that will appeal to academic and policy audiences around the world.

As one of the leading figures of the idealist movement, Bernard Bosanquet (1848-1923) made major contributions to philosophy and had a significant role in the formation of British social policy. This set contains previously uncollected articles and essays that were first published in little known journals or magazines. Each volume includes new introductions and primary and secondary bibliographies.

This chapter analyzes European social policy as a test case to comment on both the originality and the weakness of a unique supranational legal order, such as the one created in 1957 with the Treaty of Rome. Regulatory measures in social policy, related to equal treatment, nondiscrimination, and working conditions were implemented via hard law measures aiming at the harmonization of standards. The chapter also looks at the latest innovations in social policy brought about by the Lisbon (...) Treaty. Article 3 of the Treaty on European Union (TEU) mentions full employment among the objectives to be pursued in a social market economy. The economic and financial crisis has accentuated the problems of supranational coordination versus national initiatives and has given rise to exceptional austerity actions that have departed from the methods provided for in the treaty. (shrink)

Unemployed and informal workers seem an unlikely source of large-scale collective action in Latin America. Since 1997, however, Argentina has witnessed an upsurge of protest and the emergence of unusually influential federations of unemployed and informal workers. To explain this puzzle, this article offers a policy-centered argument. It suggests that a workfare program favored common interests and identities on the part of unemployed workers and grassroots associations, allowing them to overcome barriers to collective action. State responses to demands for workfare (...) benefits generated a pattern of protest and negotiation that strengthened those groups and dramatically expanded social policy. (shrink)

This article explores the background to the conclusive drop in Irish fertility rates over the last two decades, from a total fertility rate of 3.55 in 1975 to 1.87 in 1995. This steep decline marks the end of Ireland's position as demographic outlier in Europe, which has proved a compelling topic of investigation for demographers. The decline also marks the end of a society which was characterized by an ideology of largely rural values which placed stringent restrictions on women in (...) order to secure a vision of society which saw the family as its cornerstone. The article analyses the collective impact of women's battles for personal autonomy which have brought about dramatic changes in public policies about contraception, abortion and divorce, changes which have consistently lagged behind these dramatic shifts in fertility. (shrink)

This paper analyzes and evaluates the 2007 majority opinion of the German National Ethics Council which seeks to establish new information (as to the inferior quality of legally procurable human embryonic stem cells) as a sufficient reason for a relaxation of the 2002 Stem Cell Law. A micro-level analysis of the opinion’s central section is conducted and evaluated vis à vis the strongest known opponent position in the national debate at that time. The argumentation is claimed to rely on an (...) unsupported semantic assumption regarding the parthood relation of the 2002 compromise and to misconstrue the strongest known opponent position. (shrink)

In its seventh edition, "Social Ethics: Morality and Social Policy" continues to provide material that will encourage reflective and critical examination of key contemporary moral problems. With additional readings and a new organization that groups related chapters together under four categories, this edition enhances the teachability that was the most salient characteristic of previous editions. The text maintains its ability to bring the central issues into clear focus, while allowing supporting arguments for widely diverse positions to be presented (...) by those who embrace them. (shrink)

A collection of essays representing diverse approaches to feminist ethical analysis of social policy. Subjects include the Family and Medical Leave Act, combat exclusion and the role of women in the military, unwed fathers' rights, mail-order brides, pornography, breast implants, and sex-selective abortion. Paper edition (unseen), $17.95. Annotation copyrighted by Book News, Inc., Portland, OR.

The article identifies the challenges that multinational corporations (MNCs) from the developed world face in sub-Saharan Africa and examines the direct foreign-investment and development interests of the region. In light of these challenges and interests, it also explores answers to the question What is to be done?The occurrence of MNCs' operations in culturally pluralistic societies suggest that they use, as the basis for a corporation-formulated regional code of conduct, a value-based corporate social policy process. That process should embody utilitarian (...) and situation ethics in the exercise of MNCs' prima facie operations and of their responsibilities to society. For the African normative environment, the appeal of this approach is substantiated by the notion that both utilitarian and situation ethics are at once consistent with the region's investment codes, development interests, and value systems. But more than that, utilitarian and situation ethics are consistent with corporate social policy process and can assist MNCs to meet effectively their social responsibilities by helping them reverse the economic stagnation of most of the continent. (shrink)

From the O.J. Simpson verdict to peace-making in the Balkans, the critical role of human judgement--complete with its failures, flaws, and successes--has never been more hotly debated and analyzed than it is today. This landmark work examines the dynamics of judgement and its impact on events that take place in human society, which require the direction and control of social policy. Research on social policy typically focuses on content. This book concentrates instead on the decision-making process itself. Drawing (...) on 50 years of empirical research in decision theory, Hammond examines the possibilities for wisdom and cognitive competence in the formation of social policies, and applies these lessons to specific examples, such as the space shuttle Challenger disaster and the health care debate. Uncertainly, he tells us, can seldom be fully eliminated; thus error is inevitable, and injustice for some unavoidable. But the capacity for make wise judgments increases to the extent that we understand the potential pitfalls and their origin. The judgment process for example involves an ongoing rivalry between intuition and analysis, accuracy and rationality. The source of this tension requires an examination of the evolutionary roots of human judgement and how these fundamental features may be changing as our civilization increasingly becomes an information and knowledge-based society. With numerous examples from law, medicine, engineering, and economics, the author dramatizes the importance of judgment and its role in the formation of social policies which affect us all, and issues the first comprehensive examination of its underlying dynamics. (shrink)

There have been serious controversies in the latter part of the 20th century about the roles and functions of scientific and medical research. In whose interests are medical and biomedical experiments conducted and what are the ethical implications of experimentation on subjects unable to give competent consent? From the decades following the Second World War and calls for the global banning of medical research to the cautious return to the notion that in controlled circumstances, medical research on human subjects is (...) in the best interest of the given individual and the broader population, this book addresses the key implications of experimentation on humans. This volume covers major ethical themes within biomedical research providing historical, philosophical, legal and policy reflections on the literature and specific issues in the field of research on human subjects. Focusing on special populations (the elderly, children, prisoners and the cognitively impaired) it represents the most up-to-date review of the special ethical and legal conflicts that arise with relation to experimentation on subjects from these groups. In the light of current initiatives for law reform pertaining to research ethics the world over, this volume provides a timely, comprehensive and provocative exploration of the field. The volume has been carefully organized to present important philosophical perspectives on organizing principles that should underlie any practical application. A forward-looking historical review of the regulatory regimes of principal jurisdictions, including of the legal controls already in place, provides the backdrop for future policy initiatives. Additionally, in the light of global restructuring of health care systems, several chapters have been devoted to epidemiological research and related issues. (shrink)

From the O.J. Simpson verdict to peace-making in the Balkans, the critical role of human judgement--complete with its failures, flaws, and successes--has never been more hotly debated and analyzed than it is today. This landmark work examines the dynamics of judgement and its impact on events that take place in human society, which require the direction and control of social policy. Research on social policy typically focuses on content. This book concentrates instead on the decision-making process itself. Drawing (...) on 50 years of empirical research in decision theory, Hammond examines the possibilities for wisdom and cognitive competence in the formation of social policies, and applies these lessons to specific examples, such as the space shuttle Challenger disaster and the health care debate. Uncertainly, he tells us, can seldom be fully eliminated; thus error is inevitable, and injustice for some unavoidable. But the capacity for make wise judgments increases to the extent that we understand the potential pitfalls and their origin. The judgment process for example involves an ongoing rivalry between intuition and analysis, accuracy and rationality. The source of this tension requires an examination of the evolutionary roots of human judgement and how these fundamental features may be changing as our civilization increasingly becomes an information and knowledge-based society. With numerous examples from law, medicine, engineering, and economics, the author dramatizes the importance of judgment and its role in the formation of social policies which affect us all, and issues the first comprehensive examination of its underlying dynamics. (shrink)

Abortion, euthanasia, racism, sexism, pater­nalism, the rights of children, the population explosion, and the dynamics of economic growth are examined in the light of ethical principles by leading philosophers in order to suggest reasonable judgments. Originally prepared for the distinguished Wayne Leys Memorial Lecture Series at Southern Illinois University, Carbondale, the essayists have addressed themselves to the most pressing ethical questions being asked today. William K. Frankena, Professor Emer­itus, University of Michigan, in “The Ethics of Respect for Life” argues for (...) a qualified view of moral respect for human personality. From his viewpoint it is always prima facie wrong to shorten or prevent human life, but not always actually wrong as other moral conditions may counter the presumed wrong. The late William T. Blackstone in “Zero Population Growth and Zero Economic Growth” contends that justice will require the production of the maximal level of goods to fulfill basic human needs com­patible with the avoidance of ecological catastrophe. Richard Wasserstrom, Professor of Phi­losophy at the University of California, Santa Cruz, proposes an assimilationist ideal in “Racism, Sexism, and Preferential Treat­ment.” Gerald Dworkin, Professor of Phi­losophy at the University of Illinois, Chicago Circle, dares to ask “Is More Choice Better than Less?” Joel Feinberg, Professor of Phi­losophy at the University of Arizona, in “The Child’s Right to an Open Future,” offers a defense of “rights-in-trust” of children. Tom L. Beauchamp, Professor of Philosophy and Senior Research Scholar at the Kennedy In­stitute-Center for Bioethics of Georgetown University, considers the paternalism used to justify social policies in the practice of medi­cine and insists that it invariably involves a conflict between the ethical principles of be­neficence and autonomy. (shrink)

With an assortment of readings and perspectives from some of the most respected thinkers of our time, Social Ethics: Morality and Social Policy provides a balanced, engaging introduction to today’s most pressing social and moral problems. This highly popular anthology illuminates the issues at the heart of each contemporary problem and encourages critical, fair-minded examination of varying viewpoints―all presented in the words of those who embrace them. Helpful editorial features include substantial chapter introductions, a summary preceding each (...) selection, discussion questions, and bibliographies for further reading. (shrink)

Hume maintained that, philosophically speaking, there is no difference between exiting a room out of the first-floor window and using the door. Nevertheless, Hume’s reason and common sense prevailed over his scepticism and he advocated that we should always use the door. However, we are currently living in a world that is more seriously committed to the Humean philosophy of empiricism than he was himself and thus the potential to act inappropriately is an ever-present potential. In this paper, I explore (...) how Hume’s two versions of causality have detrimentally affected our ability both to arrive at and to use research to improve human well-being. I illustrate my argument with an example of what I think is an incorrect yet supposedly scientifically sound assumption: that absenteeism causes poor school attainment. Instead I make the interdisciplinary argument that absenteeism is better understood as an aggravating symptom of a number of other causes of poor attainment, such as poverty and individual psychological factors. I suggest that an instrumental, punitive policy against parents whose children tend to be absent from school may be ineffectual or even counterproductive if the objective is to improve the well-being of those children. To support my argument, I introduce the critical realist idea of transfactuality. Using the example of research into moon rocks, I show how mainstream science uses transfactuality despite its empiricist aversion to it. I also suggest that it is our honesty, integrity, and stoicism that lead us to the extreme overthrow of reason and common sense that we see today in many of the UK’s social policies; an overthrow that Hume himself did not achieve. Metaphorically speaking, British professionals, stoically and honestly believing in the ability of their trusted research correlations to guide their action, are exiting out of the first-floor window rather than using the door. This is a significant barrier to our ability to devise and implement social policy. (shrink)

We contend in this paper that the trade union role in social policy is expanding due to the debate on women's issues. The Centrale de l'enseignement du Québec is seen as a forerunner of this trend, with its policy positions on questions previously seen as personal. The method of promotion of these interests is also new, with caucusing and networking. The significance of these changes goes beyond unionized women workers and affects all women.

Today, "social policy" is an expression used across the globe to denote a broad range of issues, such as old age security, health, housing and so on. But historically, "social policy" had a distinct European origin and a distinct meaning. I maintain that "social policy" and the "welfare state" are more than a list of social services, and also have strong socio-cultural underpinnings that account for the diversity of social policy. The idea of "social (...) policy" emerged in mid-nineteenth-century Germany against the backdrop of secularization and functional differentiation of modern society. I then pinpoint the twentieth-century move from "social policy" to the broader cultural idea of a universalistic "welfare state." The idea emerged internationally as early as the 1940s, even before the post-WWII rise of national welfare states, which, as I argue, differ according to national notions of "state" and "society." To this end, I compare the UK, Sweden, Germany, France, and two non-welfare states, the United States and the Soviet Union. (shrink)

This article explores some aspects of what has been termed ‘new contractualism’ in social policy, using the Norwegian policy on poverty and social exclusion as an empirical example. An important purpose is to identify how the move to new contractualism implies new modes of controlling behaviour and to explore the ethical legitimacy of this approach. Firstly, contractualism is seen in relation to some dominating discourses in Norwegian and European social policy over the last 20–30 years, emphasizing the (...) importance of economic considerations concerning the financial sustainability of the welfare state. Secondly, the article explores some implications of contractual modes of thought for balancing rights and duties in the welfare state, concluding that the principle of a welfare contract is a euphemism for a polity that basically imposes more obligations on the recipients of welfare services. Thirdly, it elaborates on the tension field between the possible democratic benefits of contractualism and more paternalistic consequences. Although relational contracts may enhance client-influenced service provision, paternal outcomes are likely, owing to the fact that such contracts are often used as instruments for behaviour-changing efforts (e.g. to create an economically active citizen). (shrink)

Policy-making must always pay attention to race. That is the central claim of this chapter. Regardless of whether some particular policy debate is ostensibly “racial”, policy-makers must attend to questions of race, because race is a ubiquitous, but frequently unnoticed, feature of our world. I examine the type of philosophical question about race that I think philosophers and policy-makers would do well to examine and consider how the question “What is race?” is pertinent to policy debate. Examples will be drawn (...) from Australia, the United States, and Britain to illustrate these abstract arguments. (shrink)

We are very confused in Australia about the point of entry to adulthood, with different age ranges for different government programs existing side-by-side. Under the Federal Labor Government's Youth Homeless allowance, it was possible for children as young as 13 years to live independently with only minimal supervision from State Welfare departments. In 1989 The Burdekin Inquiry into youth homelessness together with a series of well publicised failures by child welfare authorities was partly responsible for a new protocol by the (...) Federal-State Council of Social Welfare Ministers which increased the level of supervision of young ‘independent’; children, and thereby appeared to raise the threshold age for adulthood. The most important mechanism for the transition to independence and to adulthood is work and the level of youth unemployment (triple the national average between 15–19 years) is also extending dependency and thus, childhood. The trend towards the extension of childhood dependency received formal sanction through the Coalition Government's Youth Allowance which now makes it possible for a child to remain dependent on his or her parents until age 25 years. (shrink)

This book discusses the potential for Kant's political and juridical philosophy to shed light on current social challenges and policy. By considering Kant as a contemporary and not above moral responsibility, the authors explore his political theory as the philosophical foundation of human rights, discussing the right to citizenship, social dynamics and the scope of global justice. Focusing on topics such as society, Kant's position on human rights, domestic economic justice, public education and moral virtue, the authors analyse (...) the shortcomings of Kant's modes of thought and help the reader to gain new perspective both on this classical thinker and on more contemporary issues. (shrink)

This article contends that social policy faces a crisis over whether a viable collective order can be constructed out of individual choices. The neo-liberal paradigm is now challenged by neo-conservatives, who argue for policies derived from traditional moral, religious and patriotic values. This raises issues about the nature of social bonds, the institutional order and collective life itself. The article argues that it provides an opportunity for social theorists and policy analysts to co-operate in re-examining these questions. (...) However, these debates indicate a need for social theorists to confront their relationship with Enlightenment accounts of how commerce and private property enable liberty and consensual government. In the face of recent evidence of ‘stalled well-being’ within increasing prosperity, the article argues for a new analysis of choice and solidarity. (shrink)

Nel Noddings, one of the central figures in the contemporary discussion of ethics and moral education, argues that caring--a way of life learned at home--can be extended into a theory that guides social policy. Tackling issues such as capital punishment, drug treatment, homelessness, mental illness, and abortion, Noddings inverts traditional philosophical priorities to show how an ethic of care can have profound and compelling implications for social and political thought. Instead of beginning with an ideal state and then (...) describing a role for home and family, this book starts with an ideal home and asks how what is learned there may be extended to the larger social domain. Noddings examines the tension between freedom and equality that characterized liberal thought in the twentieth century and finds that--for all its strengths--liberalism is still inadequate as social policy. She suggests instead that an attitude of attentive love in the home induces a corresponding responsiveness that can serve as a foundation for social policy. With her characteristic sensitivity to the individual and to the vulnerable in society, the author concludes that any corrective practice that does more harm than the behavior it is aimed at correcting should be abandoned. This suggests an end to the disastrous war on drugs. In addition, Noddings states that the caring professions that deal with the homeless should be guided by flexible policies that allow practitioners to respond adequately to the needs of very different clients. She recommends that the school curriculum should include serious preparation for home life as well as for professional and civic life. Emphasizing the importance of improving life in everyday homes and the possible role social policy might play in this improvement, _Starting at Home_ highlights the inextricable link between the development of care in individual lives and any discussion of moral life and social policy. (shrink)

Normal 0 false false false EN-CA X-NONE X-NONE Compared to other European countries, the employment rate of older workers in Belgium is rather low. This paper argues that one of the most relevant factors underlying the problems of this low employment rate in Belgium is the social policies directed at older workers. Indeed, when unemployment became a widespread phenomenon in the1970s and 80s, early-retirement schemes were designed to alleviate the financial implications on an aging workforce. The government encouraged anyone (...) over 50 to leave the labour market through early retirement schemes, unemployment payment programs, medical retirement, and career breaks. These practises were based on a wide consensus of government, business, and workers. However, for some years now, international organizations have been concerned about the viability of pension systems and their ability to achieve their objectives. In recent years, different factors have led policy makers to rethink this policy. But changing the trend and keeping people on the job has proven more difficult than foreseen. The transformations of public policies begun at the dawn of the 21st century radically changed the balance between the state, workers, and employers, who had all previously seen early retirement as favourable. This paper also tries to show how early retirement is not simply a desire to escape, but can also be explained as an aggression against the person by the labour market. Leaving professional life early thus seems more to be a case of necessity, in fact not a choice at all, but an obligation, or even a sacrifice, and must be seen in the perspective of professional duties and their evolution. (shrink)

Introduction. In conservative political philoso- phy in Germany at the end of the 20th century, there developed two main approaches to social policy. The first one, paternalistic and corporat- ist approach continued the line that had been established in the 19th century and assumed the active participation of the state in regulating social support. The second, the market one, adopted American ideas of the second half of the 20th cen- tury and proposed limiting the scope of the welfare (...) state in order to save resources and avoid a nega- tive impact on the labor market. The purpose of the study is to analyze the argu- ments of the two directions of German conserva- tism at the end of the 20th century, their philo- sophical origin and their significance for politics. Methods. The article is based on the comparative historical approach, analysis of institutions and legal documents, and the hermeneutic method for studying the political, administrative and ideological context of the development of German conserva- tism at the end of the 20th century. Scientific novelty of the research. The article focuses on the intellectual heritage of German theorists, while the main attention of domestic and foreign researchers of conservative political philosophy of the late 20th century was attracted by American and British authors. Results. The key arguments of the paternalistic approach to social issues include pointing out the responsibility of elites for the well-being of the population and a strong state as a means of com- pensating for inequality in society. The arguments of the market approach are based on the appeal to the ideas of civic virtue and the protection of property as key forces that ensure social peace and well-being. Conclusions. In practice, the approach that offered the preservation and expansion of the welfare state prevailed, and favorable economic condi- tions, as well as institutional and ideological inertia, contributed to implementing solutions within the framework of this paradigm. But the ideas of the market approach have not lost their relevance, since the burden on the welfare state increases due to the aging of the population. (shrink)

T. H. Marshall, a British sociologist, gave a series of lectures in 1949 under the title “Citizenship and Social Class.” To many American intellectuals, his analysis still offers a persuasive account of the origins of the welfare state in the West. But Marshall spoke in the early postwar era, when the case for expanded social benefits seemed unassailable. Today's politics are more conservative. In every Western country the welfare state is under review. Yet Marshall's conception can still help (...) define the issues in social policy and the way forward. (shrink)

This chapter claims that only rarely do critical youth studies and social policy include young people in a truly participatory way. The implications of and reasons for this failure are explored. Moreover, through evidence collected over a 3 year youth-led research programme, the chapter investigates how the tools found within the field of user-led, action research can be used for the construction of evidence-based youth policy and the development of new theoretical and methodological models for critical youth studies. A (...) secondary aim is to identify best practices that encourage true participation of young people in decision-making and democratic structures. -/- . (shrink)

Evolutionary analysis suggests that policies based on deterrence may cope effectively with primary sociopathy if the threat of punishment fits the crime in the cost/benefit calculus of the sociopath, not that of the public. On the other hand, policies designed to offset serious disadvantage in social competition may help inhibit the development of secondary sociopathy, rather than deter its expression.

During the past ten years moral philosophers in the English-speaking world have executed an astonishing volte face on the question of whether philosophers qua philosophers have a role as advocates in public policy debates. The standard answer to this question a decade ago was that philosophers were peculiarly qualified to analyze the logic and meaning of moral discourse but were in no way privileged in their ability to make correct moral judgments. This doctrine was a straightforward application of the then (...) equally standard trichotomous fact/ value/ analysis distinction. Moral discourse was divided from scientific discourse and philosophy from both. Today philosophers are more than willing to take a stand on public issues — abortion, euthanasia, violence as instrument of social change, any element of foreign policy, preferential treatment of previously discriminated against social groups, and so on. This reversal is easy enough to account for historically. (shrink)