Social Law Research Articles

Der Medizinische Dienst Eine sozialmedizinische Institution der Qualitätssicherung im Gesundheitssystem

As a corporation under public law, the federally established Medical Service (MD) is an organizationally and substantively independent socio-medical expert organization. It uses its expertise to support the health and nursing care insurance companies as well as their associations and other clients from the healthcare system nationwide in ensuring medical and nursing care within the social law solidarity community consisting of statutory health and social care insurance. In relation to the 12.000 employees, the specialist tasks are carried out by doctors (20.1 %), nursing staff (40.4 %) and members of other suitable professions in the healthcare sector (5.5 %). With a total of over 2.955.000 GKV assessments, 13.200 structural audits in hospitals, significantly more than 1.600 on-site quality controls in hospitals, almost 3.000.000 nursing assessments, almost 21.900 quality inspections in nursing facilities as well as committee work at state and federal level, the MD assumes a comprehensive constitutive-constitutional and quality-assuring expert care mandate. The social-medical service provided, which is committed to the general social law principles of quality, humanity and cost-effectiveness and is regulated by guidelines issued by the MD Bund and approved by the Federal Ministry of Health, is subject to standardized, nationwide quality assurance.

Making or faking capitalism? Socialist dreams and postsocialist experiences in East-Central Europe

ABSTRACT Our paper proposes to rethink the concepts of modernization and modernity in the context of state socialist and postsocialist transformations in Eastern and Central Europe. By focusing on historical transformations, we seek to challenge normative and static constructions of the state socialist legacy and show that such perceptions are rooted in the Cold War ideological division. One way to contest this division is to reconceptualize socialist modernity. Drawing on James Ferguson’s seminal study on the “expectations of modernity,” we argue that modernization was central to the Eastern European Communist parties’ claims to legitimacy. While the state socialist experiment proved to be a failed political and social project, the dreams of modernity bereft of socialism continued to shape people’s self-images and social visions beyond the borders of “Eastern” Europe. In order to better understand the state socialist legacy and the political and social thinking of “postsocialist” people, we propose to link the study of the small transformations of everyday life with the critique of binary constructions of the concepts of socialism and capitalism.

An analysis of informal workers and the coverage of South Africa's Covid-19 Temporary Employee/Employer Relief Scheme (TERS)

The Covid-19 pandemic required states worldwide to take action to contain it and, as part of this effort, adopt measures to mitigate its socio-economic impacts. In South Africa, these measures include the enactment of lockdown regulations in terms of the Disaster Management Act 53 of 2005. This article focuses on one of the measures, namely the Covid-19 Temporary Employee/Employer Relief Scheme (TERS), a system created in terms of the Unemployment Insurance Act 63 of 2001. TERS aimed to provide support to employers who were in distress at the height of the pandemic and unable to pay their employees. TERS falls under the scope of social security law because it is a measure that finds expression under the unemployment insurance system, which is an element of social insurance. This article argues, however, that temporary schemes such as TERS provide no solution to the long-standing problems of the unemployment insurance system and perpetuate its exclusionary practice of not covering informal workers. This is evident in the definitions of an employee and contributor in terms of the Unemployment Insurance Act (UIA). The two definitions lean towards offering coverage to workers in formal employment but not to informal workers. This leaves such workers destitute and vulnerable, as they have no protection; for instance, they became on furlough owing to the effects of Covid-19. This article proposes that the UIA's definition of employees be amended to include informal workers and thereby afford them unemployment protection as well.

A Critical Analysis of Social Engineering Theory in the Context of Legal Development in Indonesia

The theory of Social Engineering is a legal theory that views law as a tool for social engineering. However, the concept of Social Engineering in the context of legal development in Indonesia faces gaps in its implementation, often clashing with social, economic, political, and cultural realities. This research aims to analyze the concept of Social Engineering, as proposed by Roscoe Pound, within the framework of modern law. It also seeks to evaluate the relevance of this theory to legal development in Indonesia. This study adopts a normative juridical method with a conceptual approach. The data used is secondary in nature, derived from primary, secondary, and tertiary legal sources. Data collection is conducted through a literature review, while data analysis is performed qualitatively. Roscoe Pound's Social Engineering theory views law as a tool to create a balance of interests within society, aiming to meet its ever-evolving needs. In a modern context, this theory aligns with an approach that considers the impact of legal policies on social welfare. In Indonesia, the application of this theory is evident in legal reforms focused on social justice and public welfare. However, challenges such as weak law enforcement and discrepancies between policies and social realities need to be addressed in order to achieve effective legal development. Keywords: Theory; Law; Social Engineering.

Teaching asylum and immigration law in a hostile environment: online education’s role in navigating social work challenges

ABSTRACT The impact of COVID-19 restrictions and the shift to online teaching has contributed to a growing interest in distance learning across social work education. The authors of this paper are from the Open University, which has over 50 years of experience in distance learning and over the past 30 years e-learning through blended and fully online methods. The paper shares insights from teaching a social work law module to nearly 400 students across the UK. This paper addresses the challenges of integrating social work values and human rights into teaching asylum and immigration law amidst a UK legal discourse that often creates a ‘hostile environment’ for people with precarious immigration status. It explores teaching from a social justice perspective in the context of restrictive domestic laws. Highlighting the co-production of learning materials with civil society groups through videos and podcasts, the paper emphasizes the importance of including practitioner and migrant, asylum seeker or refugee voices to enrich content. Insights into the practicalities of incorporating these elements into e-learning, along with reflections on the challenges and opportunities, are discussed.

Enacting Social Protection Laws in Jigawa and Zamfara States, Nigeria

Legal frameworks are important for institutionalising and strengthening social protection systems. Two states in Nigeria, Jigawa and Zamfara, have enacted social protection laws. This article explores how the process of enacting such a law is influenced by state-level politics and local contexts, and how the activities of a project financed by the Foreign, Commonwealth & Development Office (FCDO) contributed to much greater understanding and acceptance of social protection in both states. Primary data collected through in-depth interviews with state and non-state stakeholders and project staff was analysed to tease out the political, cultural, and power dynamics involved in enacting the laws. Findings show that a range of factors aimed at building the case for, and understanding of, social protection across a range of stakeholders was critical, and that a fairly standard package of tools employed in advocating for institutionalising social protection was influenced considerably by domestic political dynamics.

Experience of Reforms to the State Social Insurance in the Republic of Latvia after Restoring the Independence of the State de facto

The article is dedicated to an overview of the reforms to the state social insurance law and criticism of some aspects in the reforms carried out in the Republic of Latvia after the restoration of independence de facto in 1990–1991, analysing the rights and obligations of the State, the employer and the employee in the area of social insurance. On the basis of research outcomes, the author concludes that the Soviet understanding of the social insurance law was soon dispensed with. However, it is debatable whether the reforms of social insurance have been successful enough. Although the social insurance contributions are paid in the amount of at least “the minimum amount of the object of mandatory contributions”, it is not clear whether, if an insured case sets in, the disbursed benefit ensures a life that is worthy of human dignity because the subsistence minimum has not been calculated in Latvia. Moreover, not all socially insured persons have all forms of social insurance. Hence, reforms in the area of social insurance cannot be regarded as being completed.

Beyond the Bullet Proof Vest: Untold Stories of Philippine National Police Special Action Force (PNP SAF) Commandos

The ever-changing demographics of society, the rise in terrorism and its complexity, as well as agitations, violent protests, a variety of political activities, left-wing terrorism, insurgency, and militancy, as well as the enforcement of economic and social laws, have all contributed to the difficulty of achieving the peaceful society that we all desire. This study explored the lived experiences of Philippine National Police-Special Action Force (PNP-SAF) Commandos in Negros Island, Philippines through a qualitative research method. The participants of this study were the selected ten (10) PNP-SAF commandos. Four (4) participants were subjected to individual in-depth interviews, while the other six (6) participants were subjected to a focus group discussion. The findings of this study are described in emergent themes. Six (6) emergent themes described the positive and negative experiences of the participants in the implementation of counterterrorism programs. For the positive experiences, three (3) emergent themes were developed, namely: Personal Satisfaction and Job Fulfillment, Recognition from the Community, and Influence on Community Peace and Order. For the negative experiences, three (3) emergent themes were also developed, namely: Financial Constraints and Limited Resources, Familial Longings while on Mission, and Infiltration in Hotspot Areas. Meanwhile, two (2) emergent themes were formulated to explain how the participants address the challenges encountered in the implementation of counterterrorism programs, namely Coordination and Collaboration with Other Agencies and Community Engagement and Trust-Building Programs. Finally, two (2) emergent themes were created to express the aspirations of the participants to improve the implementation of counterterrorism programs, namely Continuous Training and Skills Development and Adequate Financial and Logistical Support. Based on the emergent themes identified, it is recommended that the PNP-SAF commandos be exposed to continuous training and ongoing collaboration between agencies and partners to ensure an efficient response to counterterrorism and counterinsurgency incidents. By allocating an appropriate budget and implementing the requisite enhancement training and programs, the SAF commandos may be able to increase their effectiveness in implementing these initiatives.

Zwolnienie od pracy z powodu działania siły wyższej i urlop opiekuńczy z perspektywy prawa socjalnego

The subject of this study is to critically discuss the implementation of Directive 2019/1158 on time off from work and carers’ leave from a social law perspective, taking into account the objectives of the Directive and in the context of the EU’s competences regarding social policy. The starting point will be to outline both institutions in the light of the statements in the labour law literature. Next, the instruments in force in Germany for the protection of informal carers during time off or carer’s leave will be presented. Against this background, it will be possible to discuss the existing de lege lata and postulated de lege ferenda regulations of Polish social law, which—as it seems—could and should serve to protect employees using the newly introduced labour law institutions, so as to achieve the goal of ensuring a balance between the professional and private lives of parents and carers.

Fighting collective threats: socialist revolutions and the management of the COVID-19 pandemic

Abstract I investigate why some countries were more successful in containing the death toll than others during the COVID-19 pandemic. I focus on the role of socialism and on the existence of long-term regime-driven legacies that may have had an impact on the containment of COVID-related deaths. I claim that countries that went through successful socialist revolutions have specific features that equip them with better resources to cope with public challenges such as pandemics. Furthermore, these features remain even after the demise of the socialist regime. I find a positive effect of socialist revolutions over COVID-19 containment at the country level. I investigate three possible causal mechanisms for this relationship: authoritarianism, state capacity, and mass mobilization. Through mediation analysis, I find the socialist legacy seems to be channeled through higher levels of mobilization and also more authoritarian institutions.

The Relationship Between Mega Events, Sustainable Social Legacies, and Community Experience: A Longitudinal Analysis Following the 2002 Winter Olympics

The Relationship Between Mega Events, Sustainable Social Legacies, and Community Experience: A Longitudinal Analysis Following the 2002 Winter Olympics

Penerapan Kaidah Fiqh dalam Hukum Media Sosial di Era Globalisasi Ilmu Pengetahuan dan Teknologi

The globalization of science and technology continues, especially on social media. On the one hand, the benefits of various conveniences are also clearly felt to cause harm. The research examines social media laws and the limitations of their use concerning fiqh rules. This research includes normative legal research methods with a conceptual approach in the form of Islamic law principles. The study concludes that the original law of social media is permissible (permissible) and will change to be recommended if it brings benefits and change to be forbidden if it causes damage. However, the potential for harm in social media exists, so there must be limits to its use and regulatory restrictions, especially restrictions that apply widely in society through state policymaking. The research results can be considered when responding to developments in technology and information, especially regarding social media, so that we can use social media more wisely. Keywords: Social Media Law, Fiqh Rules, Era of Globalization of Science and Technology

Affirmative Orientalism: August Bebel, Islam, and World History

In 1884, during the period of the Socialist Laws, August Bebel took the time to publish a historical work entitled Die mohamedanisch- arabische Kulturperiode. In it Bebel positioned Islam and the early caliphates as the unacknowledged link between Greco-Roman traditions of knowledge and the blossoming of European culture that, he argued, had occurred since the Renaissance. He also used the book as an opportunity to reject claims that Christianity had played this key role in world historical progress. Through an examination and contextualization of Bebel's writings on Islam, this article shows how he viewed the role of different religious traditions within world history and how his views intersected with contemporary questions regarding the relationship between religion and socialism. The article also examines how Bebel's work fits within a longer tradition of socialist solidarity with the Ottoman Empire.

The dramaturgical infrastructure of counter-summitry – ethnographic insights from the Glasgow climate conference

ABSTRACT The annual UN climate conferences synchronize major social worlds, including politics, media, business, science, and law. They therefore attract anyone interested in high-profile performances such as protest action. With the post-Paris turn in global environmental governance, scholarly interest in theatrical aspects of climate governance is increasing. Activism at climate conferences, however, has not yet been studied through a dramaturgical lens. We propose the concept of ‘dramaturgical infrastructure’ to complement Goffman’s focus on self-presentation with the material and immaterial context beyond the micro-level of situated interactional practices. Based on fieldwork at the 2021 climate conference in Glasgow, we describe how activists draw on and mobilize a dramaturgical infrastructure of scripts, spaces, rituals, and requisites for their performances, and how this results in role-taking on the Glasgow stage. We identify the roles of the watchdog, the participant, the disrupter, and the connector, each with distinctive patterns of compliance with or distancing from post-Paris climate governance and the news media. The dramaturgical perspective suggests that climate conferences provide encounters that educate activists to be aware of the component of self-presentation in their activism and to design performances for high public, policy, and media attention.

Social insurance law and robot adoption in China

ABSTRACT This paper uses a unique firm-level dataset and employs a difference-in-differences strategy to examine the effects of the Social Insurance Law on firms’ robot adoption in China. We find that the mandatory social insurance contribution significantly reduces firms’ robot adoption. The effect is driven by more conservative cash-holding and debt-financing strategies among affected firms. Our findings highlight that governments should balance objectives between improving labour standards and promoting new technologies adoption.

TRANSACTION AS A SPECIAL TYPE OF LEGAL ACTION

The article analyzes the issues of the application of the civil law institute of damages to the relations of social security law. Based on the study of law enforcement practice and the works of legal scholars, the author identified two of the most fundamental problematic issues - determining the legal nature of losses in social security relations and the possibility of their retrospective recovery. It is noted that the nature of the institution of damages leans towards private law, but in public law it is necessary to provide a similar mechanism, where possible.

To the issue of the legal status of war veterans and their labor guarantees

Problem setting. For war veterans, as a socially vulnerable group of the population, it is extremely important to realize the right to work with the help of labor guarantees established by law, since work can be an effective way to return a war veteran to civilian life, providing him or her with adequate mental and/or physical activity and distraction from the military past. Labor law is faced with the task of defining the specifics of the legal status of war veterans in terms of realization and observance of their labor rights, and ensuring proper protection of their rights in case of violation. Purpose of research is to analyze the concept of “war veterans” and its composition, to study the legal status of persons recognized by law as war veterans and to improve it, and to review labor guarantees for war veterans as an important element of their legal status. Analysis of recent researches and publications. The doctrine of labor law studied the rights, freedoms and obligations of servicemen, for example, we note the monographic study of V. Pashynskyi, L. Medvid, B. Shamrai, devoted to the legal status and social protection of servicemen, the article of M. M. Shumylo, which examined the guarantees of labor rights of persons called up to the Armed Forces of Ukraine during the war, and the article by N. V. Khortiuk, which focused on the concept and features of military personnel as subjects of labor law. At the same time, no scientific research has been conducted on labor rights and guarantees of war veterans as subjects of labor law. The closest in terms of subject matter is the scientific article by V.P. Kokhan, which is devoted to the mechanisms of employment of war veterans based on the results of professional adaptation. Article’s main body. The article analyzes the concept of “war veterans”, its composition, examines the legal status of persons recognized by law as war veterans, and proposes to improve the legal status of war veterans. The author determines that the legislation links the granting of veteran status with the time limits of a particular war. The disadvantage of this approach is that the separation of the time of experience gained by military personnel leads to an unfair comparison of the contribution of the military who stood up for defense in other historical periods, and as a result, these categories of persons and their family members receive different compensation payments and benefits. This situation is a violation of the principles of equality and fairness of social security law and a manifestation of discrimination in the field of social protection against war veterans. Conclusions and prospects for the development. The article proposes to change the legislative approaches to the concept of “war veterans” and to determine the legal status of this category of persons on the basis of their combat experience rather than the timeframe of military conflicts. The author reviews the labor guarantees of war veterans as an important element of their legal status. It is noted that labor guarantees are an important tool for protecting the labor rights of war veterans who have returned to civilian life, since they are an effective legal mechanism for realizing the social and labor rights of this category of persons. In the field of labor, additional labor guarantees established for war veterans help not only to protect labor rights, but also facilitate a painless and quick transition from military service to civilian life.

Ensuring social standards as a principle of functioning of state authorities in accordance with the Association Agreement (theoretical and legal aspect)

The article discloses the content of social standards that state authorities are obliged to observe in the process of exercising their competence after the Association Agreement enters into force. Attention is focused on the fact that EU requirements regarding the activities of all branches of the state apparatus of Ukraine in terms of ensuring social standards are of primary importance in the context of the introduction of European approaches to good governance. It is substantiated that the timely and optimal implementation of EU social standards in Ukraine is possible only if a special legal mechanism is developed and applied. The heart of such a mechanism is the Association Agreement. Based on the analysis of the provisions of the specified document, the essence of the most significant social standards, which Ukraine undertakes to implement in practice, has been identified and disclosed. In particular, it is ensuring justice and improving the quality of life of citizens on the basis of equality and non-discrimination, increasing the level of social orientation of state policy towards migrants, introducing innovative approaches in the sphere of activity of authorities to combat the illegal circulation of narcotic drugs, precursors and psychotropic substances in order to overcome negative consequences for health and the negative social consequences of drug addiction, taking into account the social interests of the modern population while simultaneously caring for future generations, developing measures aimed at minimizing the risks to the population’s health from the nuclear industry, the social orientation of the organization of the fiscal and economic policy of the state. It has been proven that against the background of the deepening of the European integration processes of Ukraine, the modernization of the domestic social policy of the state is inevitable. First of all, this process requires the creation of an innovative legal basis for diversifying the mechanisms of its implementation, leveling the level of socio-economic development of Ukraine in order to avoid regional socio-economic asymmetry. In practice, this takes the form of changes in the legal regulation of a significant number of institutions of social security law of Ukraine, revision of organizational and legal approaches of state administration in the direction of implementing social standards.

Dealing with Failure: The Media’s Portrayal of Entrepreneurs in Croatia

Entrepreneurship and stigma have been subjects of interest in various studies within the entrepreneurship field. The evidence suggests that societal stigma may lead to the stigmatization of entrepreneurs who have faced business failure, potentially influencing their strategic decisions and the likelihood of re-entry into entrepreneurship. Additionally, the liability of newness and the stigma of failure are critical factors that shape entrepreneurial dynamics and outcomes in different national contexts. The fear of societal judgment and negative perceptions can deter individuals from engaging in entrepreneurial activities, hindering entrepreneurial risk-taking and innovation, and limiting the growth and development of entrepreneurial ventures. The societal stigma associated with business failure in former socialist economies has been a significant factor influencing entrepreneurial activities in these regions. Research has indicated that socialist ideology historically stigmatized private proprietorship, associating it with negative connotations such as parasitism, exploitation, and profiteering. This lasting stigma has had implications for individuals pursuing entrepreneurial opportunities in post-socialist economies, impacting their perceptions and decisions regarding entrepreneurship. The transition from socialist planned economies to market-oriented systems has brought about changes in attitudes towards entrepreneurship. While socialist legacies may have initially influenced societal norms and perceptions of entrepreneurship, the emergence of market economies has led to a reassertion of entrepreneurship in these regions. Numerous studies indicate that the way media depicts entrepreneurs and their ventures plays a crucial role in shaping the attractiveness of entrepreneurship as a career choice and in developing social norms pertinent to the entrepreneurial spirit. In our research, we utilize qualitative content analysis to examine the representation of entrepreneurship, including the successes and failures of entrepreneurs, in Croatian media. The findings reveal a dominant adverse perception of entrepreneurship as a career in Croatia, with entrepreneurs frequently depicted as tycoons. Additionally, since the 1990s, entrepreneurs have faced stigma, and there appears to be no evident direction for improvement in this area.

Introduction of a guaranteed basic income as a probable consequence of intellctual automation of labor

Objective: to form a holistic view of the unconditional basic income as a tool of social protection, taking into account the changes in the labor sphere and allowing to solve a number of growing problems associated with the consequences of the economy digitalization, as well as to assess the prospects of creating legal regulation on this issue. Methods: the study was conducted using both general and specific scientific methods, including analysis and synthesis, formal-legal method, systemic and comparative approaches, methods of legal forecasting and legal modeling. Results: unconditional basic income can become one of the elements of a new model of social security based on the unstable nature of labor relations, which begins to prevail over the model of sustainable employment traditional for industrial society. If established, this institution will be cross-sectoral within the labor law and social security law, providing social protection simultaneously to all members of society, most of whom in the near future will face an increased risk of being absorbed by technological unemployment. Unconditional basic income as an element of the social protection system will have to comply with the principle of the universal nature of protection based on social solidarity, on the one hand, and to take into account the need to balance the interests of the parties, on the other hand. As experimental models of basic income, which can be put into practice in the coming years, we can name the model of basic income as a measure of social support for persons involved in atypical forms of employment. This model will affect a number of existing provisions of labor legislation and will allow over time, in case of technological unemployment, to expand the circle of unconditional basic income recipients to all people. Scientific novelty: it consists in the fact that the unconditional basic income is analyzed from the viewpoint of its compliance with the fundamental principles of labor, employment, and social security. Practical significance: it consists in revealing the significance of basic income for the implementation of social policy and in forming recommendations for modeling experiments to introduce the unconditional basic income in the Russian Federation.