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In recent years there has been a renewed effort to ground conventional law and economics methodology, with its exclusive focus on efficiency and income redistribution through the tax system, in modern welfare economics (Kaplow & Shavell 1994, 2001). This effort raises a challenge to the possibility of a feminist law and economics: Is it possible to be a good (welfare) economist and still maintain the ethical and political commitments necessary to address feminist concerns with, for example, rights, inequality, and caring labor? In this review, I argue that modern welfare economics, rather than supporting the ethical minimalism of conventional methodology advocated by Kaplow and Shavell, ratifies the need for an ethically and politically informed economic analysis. Feminists can, and should, use the tools of both positive and normative economics to analyze feminist issues in law.
Welfare Policy is for me an occasion for rejoicing. Grounded in the present public controversy over so-called welfare reform, these chapters . . . model a genre of feminist ethics, informed normatively by radical readings of Christian or related religious traditions. This book is distinctive, however, because its theological perspective is profoundly and unapologetically political, rooted in an advocacy stance for a policy that aims at women's well-being. --Beverly W. Harrison, from the Foreword Welfare Policy: Feminist Critiques looks behind the political-moral mask to explore the issues at stake for women and children in the welfare debate.
Designed for students of social policy and women’s studies, this text gives a readable account of the wide range of feminist ideas about women and welfare. The authors draw on feminist theory, research and analysis to explore women’s experiences of welfare, and the debates within feminism on how and why the welfare state oppresses women. In an original contribution they discuss women’s impact on the development of the welfare state both as feminist campaigners and as pioneers of new welfare professions. The book concludes by reviewing contemporary feminist strategies to transform the welfare state to meet women’s needs. Whilst the authors put forward their own evaluation of these different feminist approaches, they aim to leave readers with plenty of scope to make up their own minds on the issues.
This text explores the impact of recent welfare reform on motherhood, marriage, and work in women's lives. It also focuses on what welfare reform reveals about work and family life, and its impact on us all.
By what criteria should public policy be evaluated? Fairness and justice? Or the welfare of individuals? Debate over this fundamental question has spanned the ages. Fairness versus Welfare poses a bold challenge to contemporary moral philosophy by showing that most moral principles conflict more sharply with welfare than is generally recognized. In particular, the authors demonstrate that all principles that are not based exclusively on welfare will sometimes favor policies under which literally everyone would be worse off. The book draws on the work of moral philosophers, economists, evolutionary and cognitive psychologists, and legal academics to scrutinize a number of particular subjects that have engaged legal scholars and moral philosophers. How can the deeply problematic nature of all nonwelfarist principles be reconciled with our moral instincts and intuitions that support them? The authors offer a fascinating explanation of the origins of our moral instincts and intuitions, developing ideas originally advanced by Hume and Sidgwick and more recently explored by psychologists and evolutionary theorists. Their analysis indicates that most moral principles that seem appealing, upon examination, have a functional explanation, one that does not justify their being accorded independent weight in the assessment of public policy. Fairness versus Welfare has profound implications for the theory and practice of policy analysis and has already generated considerable debate in academia.