Social legislation “Laws are codified form of
Description: Social legislation Laws are codified form of social norms. According to Shireen Rehmatullah Law is a body of rules, made by the government for society, interpreted by law courts and backed by the power of state. Law means any system of
Related Topics
Download Presentation
"Social legislation “Laws are codified form of" is the property of its rightful owner. Permission is granted to download and print the materials on this website for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Presentation Transcript
slide1. Social legislation “Laws are codified form of social norms.”
According to Shireen Rehmatullah
“Law is a body of rules, made by the government for society, interpreted by law courts and backed by the power of state.”
Law means any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience.
Law is a system of rules and guidelines, usually enforced through a set of institutions. It shapes policies and society in numerous ways and serves as a social mediator of relations between people.
Law also raises important and complex issues concerning equality, fairness and justice.<br>
slide2. Central Institutions for creating and interpreting law In a typical democracy, the central institutions for creating and interpreting law are the three main branches of government, namely;
Judiciary
Legislature, and
An accountable Executive
To implement and enforce the law and provide services to the public, a government’s bureaucracy, the military and police are vital. While all these organs of the State are created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.<br>
slide3. The Judiciary (also known as the judicial system or judicature) is the system of courts that interprets and applies the law in the name of the State. The judiciary also provides a mechanism for the resolution of disputes. Judiciary does not make laws or enforce laws but rather interprets law and applies it to the facts of each case.
This branch of government ensures equal justice under law. It usually consists of a court of final appeal (called the Supreme Court or constitutional courts), together with lower courts.
A legislature is a kind of deliberate assembly with the power to pass, amend and repeal laws. The law created by a legislature is called legislation.
In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and other money bills. Legislatures are known by the many names, the most common being is “parliament”<br>
slide4. Legislation Definition: “The process of enacting laws and also the result of the process----- the enacted law itself.”
Term legislation is derived from the Latin word “Legislatum”. It comprised of two words ‘legis’ meaning law and ‘latum’ means to make, to set. So legislation means making or setting of law.
Legislation Process: The legislation process is a series of steps that a legislative body takes to create, evaluate, amend and vote on proposed legislation. Legislation begins with the submission of a bill to the legislature for consideration, by a member of the parliament or by the Executive. A bill is a draft of what might become part of a written law. Thus, Bill is the draft/idea for making a law.
Different provisions in the bill are discussed and amended in the parliament. Once it is approved by the majority in the house, it is sent to the senate and then to the Executive/President for approval. If the bill gets the consent of the Executive it becomes as Act/Law.
The selection of appropriate and clear language for the proposed piece of legislation is critical. Legislators need to understand what is intended by the Bill and who will be affected by it. A bill is amended to accommodate interested and affected groups and to eliminate technical defects.<br>
slide5. Jurisprudence Jurisprudence is the theory and philosophy of law.
Scholars of jurisprudence or legal theorists obtain a deeper understanding of the nature of law, legal reasoning, legal systems and legal institutions.
Jurisprudence is basically the philosophy behind the law.
It describes the principles that lead courts to make the decisions they do.
For example, Administrative Law is applied to review the decisions of governmental agencies, while International Law governs affairs between different states (trade, environment, military actions etc.)<br>
slide6. Act Act is law of land.
While most of the people know the term Law, not many remember specific Acts that are applicable in different areas and in different circumstances.<br>
slide7. Rules Rules are based on the Act that has been approved and serve as a mean to make the Act a lot easier to follow.
For this reason, one Act can have numerous Rules.
Rules/Regulations have detailed information about an Act and they abide by the rules that are set by the Act.
People can follow the Rules so that they can understand and follow the Act properly.<br>
slide8. Ordinance Ordinance is a temporary law which is made by the President or provincial Governors in case when parliament/assembly is not in session. It is applicable for 120 days and when assembly members are in house then it is presented in the assembly to pass and it becomes a law/act. And if the assembly is not in house after 120 days then it is renewed again for 120 days or dissolved.
Ordinances can be made on national level or provincial level.<br>
slide9. Constitution A constitution is a set of fundamental principles or established rules according to which a State or Organization is governed. When these principles are written down into a single or set of legal documents, those documents may be said to comprise a written constitution.
So we can say that Constitution is the basic principle and law of a Nation or State that determines the power and duties of the government and guarantee certain rights to the people in it.<br>
slide10. Social Justice “Social justice is the view that everyone deserves equal economic, political and socialrights and opportunities. Social workers aim to open the doors of access and opportunity for everyone, particularly those in greatest need.” National Association of Social Workers. “Social justice encompasses economic justice.<br>
slide11. The principles of social justice are an essential part of effective health promotion. There are four interrelated principles of social justice; equity, access, participation and rights.<br>
slide12. 9 Biggest Social Justice Issues of 2020
Voting rights. Exercising the right to vote is one of the social justice issues prioritized by the National Association of Social Workers. ...
Climate justice. ...
Healthcare. ...
Refugee crisis. ...
Racial Injustice. ...
Income Gap. ...
Gun Violence. ...
Hunger and food insecurity<br>
slide13. Social justice refers to a political and philosophical theory that focuses on the concept of fairness in relations between individuals in society and equal access to wealth, opportunities, and social privileges in a society.
The concept of social justice first emerged in the 19th century, as there were wide disparities in wealth and social standing perpetuated through the social structure of the era.
The five main principles of social justice include access to resources, equity, participation, diversity, and human rights.<br>
slide14. Social justice is the relation of balance between individuals and society measured by comparing distribution of wealth differences, from personal liberties to fair privilegeopportunities. In Western as well as in older Asian cultures, the concept of social justice has often referred to the process of ensuring that individuals fulfill their societal roles and receive what was their due from society<br>
slide15. In the current global grassroots movements for social justice, the emphasis has been on the breaking of barriers for social mobility, the creation of safety nets and economic justice.[4][5][6][7][8] Social justice assigns rights and duties in the institutions of society, which enables people to receive the basic benefits and burdens of cooperation. The relevant institutions often include taxation, social insurance, public health, public school, public services, labor law and regulation of markets, to ensure fair distribution of wealth, and equal opportunity<br>
slide16. Origin Plato wrote in The Republic that it would be an ideal state that "every member of the community must be assigned to the class for which he finds himself best fitted.
. Plato says that justice is not mere strength, but it is a harmonious strength. Justice is not the right of the stronger but the effective harmony of the whole. All moral conceptions revolve about the good of the whole-individual as well as social".
Plato believed rights existed only between free people, and the law should take "account in the first instance of relations of inequality in which individuals are treated in proportion to their worth and only secondarily of relations of equality.<br>
slide17. Socrates (through Plato's dialogue Crito) is credited with developing the idea of a social contract, whereby people ought to follow the rules of a society, and accept its burdens because they have accepted its benefits
After the Renaissance and Reformation, the modern concept of social justice, as developing human potential, began to emerge through the work of a series of authors.<br>
slide18. During the enlightenment and responding to the French and American Revolutions, Thomas Paine similarly wrote in The Rights of Man (1792) society should give "genius a fair and universal chance" and so "the construction of government ought to be such as to bring forward... all that extent of capacity which never fails to appear in revolutions<br>
slide19. After the First World War, the founding document of the International Labour Organization took up the same terminology in its preamble, stating that "peace can be established only if it is based on social justice". From this point, the discussion of social justice entered into mainstream legal and academic discourse.<br>
slide20. In the late 20th centuryJohn Rawls:
The three common elements can be identified in the contemporary theories about it: a duty of the State to distribute certain vital means (such as economic, social, and cultural rights), the protection of human dignity, and affirmative actions to promote equal opportunities for everybody<br>
slide21. All societies have a basic structure of social, economic, and political institutions, both formal and informal. In testing how well these elements fit and work together, Rawls based a key test of legitimacy on the theories of social contract. To determine whether any particular system of collectively enforced social arrangements is legitimate, he argued that one must look for agreement by the people who are subject to it, but not necessarily to an objective notion of justice based on coherent ideological grounding.<br>
slide22. According to Rawls, the basic liberties that every good society should guarantee are:
Freedom of thought;
Liberty of conscience as it affects social relationships on the grounds of religion, philosophy, and morality;
Political liberties (e.g., representative democratic institutions, freedom of speech and the press, and freedom of assembly);
Freedom of association;
Freedoms necessary for the liberty and integrity of the person (namely: freedom from slavery, freedom of movement and a reasonable degree of freedom to choose one's occupation); and
Rights and liberties covered by the rule of law<br>
slide23. United Nations ]
The United Nations calls social justice "an underlying principle for peaceful and prosperous coexistence within and among nations.
The United Nations' 2006 document Social Justice in an Open World: The Role of the United Nations, states that "Social justice may be broadly understood as the fair and compassionate distribution of the fruits of economic growth ..."
The term "social justice" was seen by the U.N. "as a substitute for the protection of human rights [and] first appeared in United Nations texts during the second half of the 1960s.<br>
slide24. The same UN document offers a concise history: "[T]he notion of social justice is relatively new. None of history’s great philosophers—not Plato or Aristotle, or Confucius or Averroes, or even Rousseau or Kant—saw the need to consider justice or the redress of injustices from a social perspective. The concept first surfaced in Western thought and political language in the wake of the industrial revolution and the parallel development of the socialist doctrine<br>
slide25. It emerged as an expression of protest against what was perceived as the capitalist exploitation of labour and as a focal point for the development of measures to improve the human condition. It was born as a revolutionary slogan embodying the ideals of progress and fraternity. Following the revolutions that shook Europe in the mid-1800s, social justice became a rallying cry for progressive thinkers and political activists.... By the mid-twentieth century, the concept of social justice had become central to the ideologies and programmes of virtually all the leftist and centrist political parties around the world<br>
slide26. Another key area of human rights and social justice is the United Nations's defense of children rights worldwide. In 1989, the Convention on the Rights of the Child was adopted and available for signature, ratification and accession by General Assembly resolution 44/25.
According to OHCHR, this convention entered into force on 2 September 1990. This convention upholds that all states have the obligation to "protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse<br>
slide27. Social justice is also a concept that is used to describe the movement towards a socially just world, e.g., the Global Justice Movement. In this context, social justice is based on the concepts of human rights and equality, and can be defined as "the way in which human rights are manifested in the everyday lives of people at every level of society".
Several movements are working to achieve social justice in society. These movements are working toward the realization of a world where all members of a society, regardless of background or procedural justice, have basic human rights and equal access to the benefits of their society<br>
slide28. Social Legislation There are various social problems which are obstacles in the social and economic development of the country. Therefore, those legislations which deal with these problems are called Social Legislation.
In order to organize welfare activities, social legislation provides compulsory provisions for social welfare. Social welfare is not possible as long as legal provisions for the solution of social problems are not available.<br>
slide29. Laws that seek to promote the common good, generally by protecting and assisting the weaker members of society, are considered to be social legislation. Such legislationincludes laws assisting the unemployed, the infirm, the disabled, and the elderly.<br>
slide30. The Children and Social Work Act 2017 (the Act) is intended to improve support for looked after children and care leavers, promote the welfare and safeguarding of children, and make provisions about the regulation of social workers<br>
According to Shireen Rehmatullah
“Law is a body of rules, made by the government for society, interpreted by law courts and backed by the power of state.”
Law means any system of regulations to govern the conduct of the people of a community, society or nation, in response to the need for regularity, consistency and justice based upon collective human experience.
Law is a system of rules and guidelines, usually enforced through a set of institutions. It shapes policies and society in numerous ways and serves as a social mediator of relations between people.
Law also raises important and complex issues concerning equality, fairness and justice.<br>
slide2. Central Institutions for creating and interpreting law In a typical democracy, the central institutions for creating and interpreting law are the three main branches of government, namely;
Judiciary
Legislature, and
An accountable Executive
To implement and enforce the law and provide services to the public, a government’s bureaucracy, the military and police are vital. While all these organs of the State are created and bound by law, an independent legal profession and a vibrant civil society inform and support their progress.<br>
slide3. The Judiciary (also known as the judicial system or judicature) is the system of courts that interprets and applies the law in the name of the State. The judiciary also provides a mechanism for the resolution of disputes. Judiciary does not make laws or enforce laws but rather interprets law and applies it to the facts of each case.
This branch of government ensures equal justice under law. It usually consists of a court of final appeal (called the Supreme Court or constitutional courts), together with lower courts.
A legislature is a kind of deliberate assembly with the power to pass, amend and repeal laws. The law created by a legislature is called legislation.
In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and other money bills. Legislatures are known by the many names, the most common being is “parliament”<br>
slide4. Legislation Definition: “The process of enacting laws and also the result of the process----- the enacted law itself.”
Term legislation is derived from the Latin word “Legislatum”. It comprised of two words ‘legis’ meaning law and ‘latum’ means to make, to set. So legislation means making or setting of law.
Legislation Process: The legislation process is a series of steps that a legislative body takes to create, evaluate, amend and vote on proposed legislation. Legislation begins with the submission of a bill to the legislature for consideration, by a member of the parliament or by the Executive. A bill is a draft of what might become part of a written law. Thus, Bill is the draft/idea for making a law.
Different provisions in the bill are discussed and amended in the parliament. Once it is approved by the majority in the house, it is sent to the senate and then to the Executive/President for approval. If the bill gets the consent of the Executive it becomes as Act/Law.
The selection of appropriate and clear language for the proposed piece of legislation is critical. Legislators need to understand what is intended by the Bill and who will be affected by it. A bill is amended to accommodate interested and affected groups and to eliminate technical defects.<br>
slide5. Jurisprudence Jurisprudence is the theory and philosophy of law.
Scholars of jurisprudence or legal theorists obtain a deeper understanding of the nature of law, legal reasoning, legal systems and legal institutions.
Jurisprudence is basically the philosophy behind the law.
It describes the principles that lead courts to make the decisions they do.
For example, Administrative Law is applied to review the decisions of governmental agencies, while International Law governs affairs between different states (trade, environment, military actions etc.)<br>
slide6. Act Act is law of land.
While most of the people know the term Law, not many remember specific Acts that are applicable in different areas and in different circumstances.<br>
slide7. Rules Rules are based on the Act that has been approved and serve as a mean to make the Act a lot easier to follow.
For this reason, one Act can have numerous Rules.
Rules/Regulations have detailed information about an Act and they abide by the rules that are set by the Act.
People can follow the Rules so that they can understand and follow the Act properly.<br>
slide8. Ordinance Ordinance is a temporary law which is made by the President or provincial Governors in case when parliament/assembly is not in session. It is applicable for 120 days and when assembly members are in house then it is presented in the assembly to pass and it becomes a law/act. And if the assembly is not in house after 120 days then it is renewed again for 120 days or dissolved.
Ordinances can be made on national level or provincial level.<br>
slide9. Constitution A constitution is a set of fundamental principles or established rules according to which a State or Organization is governed. When these principles are written down into a single or set of legal documents, those documents may be said to comprise a written constitution.
So we can say that Constitution is the basic principle and law of a Nation or State that determines the power and duties of the government and guarantee certain rights to the people in it.<br>
slide10. Social Justice “Social justice is the view that everyone deserves equal economic, political and socialrights and opportunities. Social workers aim to open the doors of access and opportunity for everyone, particularly those in greatest need.” National Association of Social Workers. “Social justice encompasses economic justice.<br>
slide11. The principles of social justice are an essential part of effective health promotion. There are four interrelated principles of social justice; equity, access, participation and rights.<br>
slide12. 9 Biggest Social Justice Issues of 2020
Voting rights. Exercising the right to vote is one of the social justice issues prioritized by the National Association of Social Workers. ...
Climate justice. ...
Healthcare. ...
Refugee crisis. ...
Racial Injustice. ...
Income Gap. ...
Gun Violence. ...
Hunger and food insecurity<br>
slide13. Social justice refers to a political and philosophical theory that focuses on the concept of fairness in relations between individuals in society and equal access to wealth, opportunities, and social privileges in a society.
The concept of social justice first emerged in the 19th century, as there were wide disparities in wealth and social standing perpetuated through the social structure of the era.
The five main principles of social justice include access to resources, equity, participation, diversity, and human rights.<br>
slide14. Social justice is the relation of balance between individuals and society measured by comparing distribution of wealth differences, from personal liberties to fair privilegeopportunities. In Western as well as in older Asian cultures, the concept of social justice has often referred to the process of ensuring that individuals fulfill their societal roles and receive what was their due from society<br>
slide15. In the current global grassroots movements for social justice, the emphasis has been on the breaking of barriers for social mobility, the creation of safety nets and economic justice.[4][5][6][7][8] Social justice assigns rights and duties in the institutions of society, which enables people to receive the basic benefits and burdens of cooperation. The relevant institutions often include taxation, social insurance, public health, public school, public services, labor law and regulation of markets, to ensure fair distribution of wealth, and equal opportunity<br>
slide16. Origin Plato wrote in The Republic that it would be an ideal state that "every member of the community must be assigned to the class for which he finds himself best fitted.
. Plato says that justice is not mere strength, but it is a harmonious strength. Justice is not the right of the stronger but the effective harmony of the whole. All moral conceptions revolve about the good of the whole-individual as well as social".
Plato believed rights existed only between free people, and the law should take "account in the first instance of relations of inequality in which individuals are treated in proportion to their worth and only secondarily of relations of equality.<br>
slide17. Socrates (through Plato's dialogue Crito) is credited with developing the idea of a social contract, whereby people ought to follow the rules of a society, and accept its burdens because they have accepted its benefits
After the Renaissance and Reformation, the modern concept of social justice, as developing human potential, began to emerge through the work of a series of authors.<br>
slide18. During the enlightenment and responding to the French and American Revolutions, Thomas Paine similarly wrote in The Rights of Man (1792) society should give "genius a fair and universal chance" and so "the construction of government ought to be such as to bring forward... all that extent of capacity which never fails to appear in revolutions<br>
slide19. After the First World War, the founding document of the International Labour Organization took up the same terminology in its preamble, stating that "peace can be established only if it is based on social justice". From this point, the discussion of social justice entered into mainstream legal and academic discourse.<br>
slide20. In the late 20th centuryJohn Rawls:
The three common elements can be identified in the contemporary theories about it: a duty of the State to distribute certain vital means (such as economic, social, and cultural rights), the protection of human dignity, and affirmative actions to promote equal opportunities for everybody<br>
slide21. All societies have a basic structure of social, economic, and political institutions, both formal and informal. In testing how well these elements fit and work together, Rawls based a key test of legitimacy on the theories of social contract. To determine whether any particular system of collectively enforced social arrangements is legitimate, he argued that one must look for agreement by the people who are subject to it, but not necessarily to an objective notion of justice based on coherent ideological grounding.<br>
slide22. According to Rawls, the basic liberties that every good society should guarantee are:
Freedom of thought;
Liberty of conscience as it affects social relationships on the grounds of religion, philosophy, and morality;
Political liberties (e.g., representative democratic institutions, freedom of speech and the press, and freedom of assembly);
Freedom of association;
Freedoms necessary for the liberty and integrity of the person (namely: freedom from slavery, freedom of movement and a reasonable degree of freedom to choose one's occupation); and
Rights and liberties covered by the rule of law<br>
slide23. United Nations ]
The United Nations calls social justice "an underlying principle for peaceful and prosperous coexistence within and among nations.
The United Nations' 2006 document Social Justice in an Open World: The Role of the United Nations, states that "Social justice may be broadly understood as the fair and compassionate distribution of the fruits of economic growth ..."
The term "social justice" was seen by the U.N. "as a substitute for the protection of human rights [and] first appeared in United Nations texts during the second half of the 1960s.<br>
slide24. The same UN document offers a concise history: "[T]he notion of social justice is relatively new. None of history’s great philosophers—not Plato or Aristotle, or Confucius or Averroes, or even Rousseau or Kant—saw the need to consider justice or the redress of injustices from a social perspective. The concept first surfaced in Western thought and political language in the wake of the industrial revolution and the parallel development of the socialist doctrine<br>
slide25. It emerged as an expression of protest against what was perceived as the capitalist exploitation of labour and as a focal point for the development of measures to improve the human condition. It was born as a revolutionary slogan embodying the ideals of progress and fraternity. Following the revolutions that shook Europe in the mid-1800s, social justice became a rallying cry for progressive thinkers and political activists.... By the mid-twentieth century, the concept of social justice had become central to the ideologies and programmes of virtually all the leftist and centrist political parties around the world<br>
slide26. Another key area of human rights and social justice is the United Nations's defense of children rights worldwide. In 1989, the Convention on the Rights of the Child was adopted and available for signature, ratification and accession by General Assembly resolution 44/25.
According to OHCHR, this convention entered into force on 2 September 1990. This convention upholds that all states have the obligation to "protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse<br>
slide27. Social justice is also a concept that is used to describe the movement towards a socially just world, e.g., the Global Justice Movement. In this context, social justice is based on the concepts of human rights and equality, and can be defined as "the way in which human rights are manifested in the everyday lives of people at every level of society".
Several movements are working to achieve social justice in society. These movements are working toward the realization of a world where all members of a society, regardless of background or procedural justice, have basic human rights and equal access to the benefits of their society<br>
slide28. Social Legislation There are various social problems which are obstacles in the social and economic development of the country. Therefore, those legislations which deal with these problems are called Social Legislation.
In order to organize welfare activities, social legislation provides compulsory provisions for social welfare. Social welfare is not possible as long as legal provisions for the solution of social problems are not available.<br>
slide29. Laws that seek to promote the common good, generally by protecting and assisting the weaker members of society, are considered to be social legislation. Such legislationincludes laws assisting the unemployed, the infirm, the disabled, and the elderly.<br>
slide30. The Children and Social Work Act 2017 (the Act) is intended to improve support for looked after children and care leavers, promote the welfare and safeguarding of children, and make provisions about the regulation of social workers<br>