Article

Social Security and Social Welfare

Michael Adler

in The Oxford Handbook of Empirical Legal Research

Published in print November 2010 | ISBN: 9780199542475
Published online September 2012 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780199542475.013.0018

Series: Oxford Handbooks in Law

 Social Security and Social Welfare

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This article reviews empirical research on social security and social welfare law. It identifies the efforts needs to be carried out to promote empirical research in this area of law and outlines an empirical research agenda of topics that should be given priority. The UK defines social security as based on five key benefits viz. social/contributory, categorical/universal, tax-based, and occupational/means-tested. This article focuses on the primary model of administrative justice. It is a three-fold: bureaucratic rationality/accuracy and efficiency; professional treatment/service; and moral judgment/fairness, each pair in the order of a model and its corresponding legitimizing values, respectively. Research on social security fraud identifies a two-fold basis—reflexivity: reflection/introspection on fraudulent acts, anxiety: the extent of guilt and insecurity, post-action, and anticipation of conviction. Accordingly, based on a relative synthesis of both elements, there is a four-fold categorization which goes as follows: subversive, desperate, fatalistic, and unprincipled.

Keywords: social security; administrative justice; reflexivity; bureaucratic rationality; security fraud

Article.  11281 words. 

Subjects: Law ; Law and Society

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