Dilemmas of Law in the Welfare State
Title: Dilemmas of Law in the Welfare State
Editor(s): TEUBNER, Gunther
Publisher: Walter de Gruyter
Citation: Berlin, Walter de Gruyter, 1986, European University Institute Series A-Law, 3
This book focuses on the relationship between the welfare state & juridification. Discussions include the emergence of the welfare state & its influence on the laws structure & function, how the juridification of the social sphere is connected to the political instrumentalization of the law, & the emergence of the post interventionist law.
Table of Contents:
--Foreword --I Introduction --The Transformation of Law in the Welfare State --II The Welfare State and its Impact on Law --Legal Culture and the Welfare State --The Rule of Law and the Promotional Function of Law in the Welfare State --A Concept of Social Law --Legal Subjectivity as a Precondition for the Intertwinement of Law and the Welfare State --III Dilemmas of Law in the Welfare State --The Self-Reproduction of Law and its Limits --The Rules of the Game in the Welfare State --The Concept of Rights and the Welfare State --Legal Discourse in the Positive State: A Post-Structuralist Account --IV Perspectives of Legal Development --Law as Medium and Law as Institution --Materialization and Proceduralization in Modern Law --Law as Critical Discussion --Three Types of Legal Structure: The Conditional, the Purposive and the Relational Program --After Legal Instrumentalism? Strategie Models of Post-Regulatory Law --Authors' Biographical Sketches --Name Index --Subject Index
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