Social Welfare Law

The study aims to determine the application of restorative justice in juvenile criminal after the enactment of the Child Criminal Justice System seen from the aspect of regulation, infrastructure, institutions and human resources from the investigation until the prosecution. The study was conducted in Central Java at the number of cases of violence and sexual crimes against children whether done by adults or children. The primary data obtained by structured interviews through questionnaire and enriched bydeep interviews, observation, focus group discussions and literature review. Research shows that the Central Java is alert and ready to face the change of juvenile criminal justice paradigm from retributive and restitutiveto restorative justice. Some regulations have been made to protect children, especially victims. Law enforcement agencies have also been trying to complete juvenile criminal justice through infrastructures and budgets, although still limited. In practice, limited human resources both in terms of quantity as well as the knowledge and skills of handling ABH become one of the bottlenecks. It is expected that the government is able to increase resources through recruitment and procurement implementing technical training.

Theme and Purpose: The centrality of law for the study of political economy was widely recognized at the time of the emergence of the political economy discipline in the 18th century as well as throughout the 19th century. From the outset law was considered an essential component of political economy studies because social phenomena such as capital, labor and power gain their form and basic characteristics from their status as legal institutions. Since then the economic discipline has however increasingly detached itself from neighboring disciplines leaving political economy to economic sociology and political science at the same time as these disciplines increasingly has underplayed the centrality of law in relation to their assessment of political economy institutions. On this background, the conference aims in general terms to reinvigorate the focus on law and reassessing the role of law in political economy contexts. More specifically it aims to increase our theoretical understanding of the function law fulfills between economy and politics and to historically assess the evolution of law and legal thinking in relation to the issue of how law contributes to the stabilization of economic and political processes at the local, national and transnational level of world society.

ABSTRACT An ambitious reform programme in the UK to digitalise the justice system has been underway since 2016. The recent report carried out for the Administrative Justice Council (AJC) by the authors Digitisation and Accessing Justice in the Community, described how prepared advice providers were for giving digital assistance concerning welfare benefits, and found that organisations were unable to meet the demand for services across all levels of social welfare law, and that there was a high level of demand for digital assistance. This paper then adds data from the follow up Welfare Advice Survey carried out for the JUSTICE/AJC benefits reform working party by the authors, which examines the technical capability of the advice sector to provide remote social welfare advice delivery after the onset of the pandemic (see fns 1 and 3 below). The paper describes how advice providers have been working during the first seven months of the pandemic in 2020 and how the migration to remote advice delivery has changed their services and impacted on their clients. A conceptual framework of needs is then developed and offered as a lens through which to think about the new sets of demands on advisers and clients.

In this paper I argue that the discourse theoretic account of human rights defended by Jürgen Habermas contains a fruitful tension that is obscured by its dominant tendency to identify rights with legal claims. This weakness in Habermas’s account becomes manifest when we examine how sweatshops diminish the secure enjoyment of subsistence, which Habermas himself (in recognition of the UDHR) recognizes as a human right. Discourse theories of human rights are unique in tying the legitimacy of human rights to democratic deliberation and consensus. So construed, their specific meaning and force is the outcome of historical political struggle. However, unlike other legal rights, they possess universal moral validity. In this paper I argue that this tension between the legal and moral aspects of human rights can be resolved if and only if human rights are conceived as moral aspirations and not simply as legal claims. In particular, I shall argue that there are two reasons why human rights ...

An ambitious reform programme in the UK to digitalise the justice
system has been underway since 2016. The recent report carried
out for the Administrative Justice Council (AJC) by the authors
Digitisation and Accessing Justice in the Community, described how
prepared advice providers were for giving digital assistance concerning
welfare benefits, and found that organisations were unable
to meet the demand for services across all levels of social welfare
law, and that there was a high level of demand for digital assistance.
This paper then adds data from the follow up Welfare Advice Survey
carried out for the JUSTICE/AJC benefits reform working party by
the authors, which examines the technical capability of the advice
sector to provide remote social welfare advice delivery after the
onset of the pandemic (see fns 1 and 3 below). The paper describes
how advice providers have been working during the first seven
months of the pandemic in 2020 and how the migration to remote
advice delivery has changed their services and impacted on their
clients. A conceptual framework of needs is then developed and
offered as a lens through which to think about the new sets of
demands on advisers and clients.

Recent judgments in England and Wales have confirmed and extended the High Court's inherent jurisdiction to make declarations about interventions into the lives of ‘vulnerable’, rather than simply ‘mentally incapacitated’ adults. We argue that this shift is problematic because of the ways that the ‘vulnerable adult’ has been constructed in order to justify such interventions. The accounts of vulnerability drawn upon in the constructive process highlight the person's inherent characteristics and/or the circumstances within which that person might be denied the ability to make a free choice. Such an approach parallels the public policy protection of ‘vulnerable adults’ from abuse in care services and the statutory protection of ‘vulnerable witnesses’ in the criminal justice system, and is built on an external and objective assessment of being ‘at risk’, rather than an understanding of the subjective experience of being vulnerable. We argue that this imbalance might act to dise...

This article examines the political motives behind the introduction of crime victim support provisions in the Swedish Social Services Act. The findings derive from a case study of the preparatory material that prefaced the legal changes that were adopted in 2001. The result shows that the explicit purpose of the provisions was to consider measures to improve the support to crime victims. To some degree the provisions can also be explained by symbolic factors. In fact, most actors in the law-making process indicate that their motives were communicative and symbolic. Support to crime victims was presumably a complicated issue for the social democratic government. Because of the economical crisis in the early 1990s, there was no scope for reforms that implied high increased costs. Yet expanding the crime victim's rights in relation to the offender, such as toughening the penal law and promoting victim impact statements, was not in line with social democratic ideology. By enacting the provisions in the Social Services Act the government demonstrated that support to crime victims was an important area of concern. At the same time, the provisions did not involve any increased costs or strengthen the crime victim's rights in relation to the offender. In this way, the provisions became a mediator that solved a difficult political dilemma for the government.