Contrasting legal conceptions of family obligation and financial reciprocity in the support of older people: France and England

1998 ◽  
Vol 18 (2) ◽  
pp. 131-146 ◽  
Author(s):  
JULIA TWIGG ◽  
ALAIN GRAND

This paper explores the way family obligation and reciprocity are defined in law in France and England. Focusing on the areas of inheritance and financial support in relation to older people, it explores how these are contrasted and linked in the two societies. In France, families are legally obliged to support their kin through obligation alimentaire, but inheritance is secured by law within the family. In England by contrast there is no such legal obligation to support older relatives; nor is there any constraint on inheritance: testamentary freedom is the legal principle. The paper discusses the significance of these differences and assesses how far they are modified by the operation of the welfare state and by embedded assumptions about family relations. It sets the differences within the context of different discourses of law and social policy in the two countries.

2015 ◽  
pp. 773-825
Author(s):  
N V Lowe ◽  
G Douglas

A legal obligation to provide financial support for another member of the family, often referred to as ‘family solidarity’ in civil law systems, may be seen as the most tangible recognition of the moral ties created by family relationships. This chapter begins with a brief review of the historical development of the law, including the role of the welfare state. It then considers mechanisms whereby family members can seek support from each other, namely through private agreements, court orders, and finally under the child support scheme.


Author(s):  
Sven Schreurs

Abstract In academia and beyond, it has become commonplace to regard populist parties – in particular, those on the radical right – as the archetypical embodiment of politics of nostalgia. Demand-side studies suggest that nostalgic sentiments motivate populist radical-right (PRR) voting and welfare chauvinist attitudes, yet systematic analyses of the nostalgic discourse that these parties promote have not been forthcoming. This paper seeks to fill that lacuna by analysing how the Freedom Party of Austria, the Dutch Party for Freedom and the Sweden Democrats framed the historical fate of the welfare state in their electoral discourse between 2008 and 2018. It demonstrates that their commitment to welfare chauvinism finds expression in a common repertoire of “welfare nostalgia,” manifested in the different modes of “reaction,” “conservation” and “modernisation.” Giving substance to a widespread intuition about PRR nostalgia, the paper breaks ground for further research into nostalgic ideas about social policy.


1990 ◽  
Vol 19 (1) ◽  
pp. 1-25 ◽  
Author(s):  
Philippe van Parijs

ABSTRACTNo major reform of the welfare state has a chance of going through unless one can make a plausible case as to both its ‘ethical value’ and its ‘economic.value’, that is, that it would have a positive effect in terms of both justice and efficiency. In this essay, this rough conjecture is first presented, and its plausibility probed, on the background of some stylised facts about the rise of modern welfare states in the postwar period. Next, the focus is shifted to the current debate on the introduction of a basic income, a completely unconditional grant paid ex ante to all citizens. It is argued that if basic income is to have a chance of meeting the strong twofold condition stipulated in the conjecture, some major changes are required in the way one usually thinks about justice and efficiency in connection with social policy. But once these changes are made, as they arguably must be, the chance that basic income may be able to meet the challenge is greatly enhanced.


2001 ◽  
Vol 34 (1) ◽  
pp. 105 ◽  
Author(s):  
Kimberly Morgan ◽  
Kees van Kersbergen ◽  
Suzanne Mettler ◽  
Julia O'Connor ◽  
Ann Shola Orloff ◽  
...  

2019 ◽  
Vol 21 (2) ◽  
pp. 227
Author(s):  
Azwar Azwar Azwar ◽  
Emeraldy Chatra ◽  
Zuldesni Zuldesni

Poverty is one of the social problems that the government can never completely solve. As a result, other, more significant social issues arise and cause social vulnerability, such as conflict and crime. As a province that is experiencing rapid growth in the last ten years, the West Sumatra find difficulty to overcome the number of poor people in several districts and cities.  The research outcomes are the models and forms of social policy made by West Sumatra regencies and cities governments in improving the welfare of poor communities. It is also covering the constraints or obstacles to the implementation of social policy and the selection of welfare state models for the poor in some districts and municipalities of West Sumatra. This research is conducted qualitatively with a sociological approach that uses social perspective on searching and explaining social facts that happened to needy groups. Based on research conducted that the social policy model adopted by the government in responding to social problems in the districts and cities of West Sumatra reflects the welfare state model given to the poor. There is a strong relationship between the welfare state model and the form of social policy made by the government.


2015 ◽  
Vol 13 (4) ◽  
pp. 992-1016 ◽  
Author(s):  
Eileen McDonagh

Before the welfare state, people were protected from disabilities resulting from illness, old age, and other infirmities by care work provided within the family. When the state assumes responsibility for care-work tasks, in effect it assumes parental roles, thereby becoming a form offamilial governmentin which the public provision of goods and services is analogous to care work provided in the family. My research pushes back the origins of the state’s obligation to care for people to a preindustrial form of government, hereditary monarchies—what Max Weber termed patrimonialism. It explicates how monarchs were cast as the parents of the people, thereby constituting kingship as a care work regime that assigned to political rulers parental responsibility for the welfare of the people. Using historical and quantitative analysis, I establish that retaining the legitimacy of monarchies as the first form of familial government in the course of Western European democratizing makes it more credible to the public and to political elites to accept the welfare state as the second form of familial government. That, in turn, promotes a more robust public sector supportive of social provision. The results reformulate conceptions of the contemporary welfare state and its developmental legacies.


1989 ◽  
Vol 9 (3) ◽  
pp. 241-259 ◽  
Author(s):  
Georges Midre ◽  
Brunon Synak

ABSTRACTA comparative analysis of the life circumstances of older people in Poland and Norway is presented. It examines differences and similarities in attitudes to both family- and state-provided care, for those living in their own homes. In more prosperous Norway, public services are more frequent, elderly people are more independent and play a more active role in the labour market. In Poland formal care is seen as the last resort, with the responsibility for supporting elderly people placed firmly with the family. State services are directed towards those without families. The Norwegian system places no legal obligation on families, which results in a higher proportion living in institutions.


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