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Anders Molander - Discretion in the Welfare State: Social Rights and Professional Judgment

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Book:
Discretion in the Welfare State: Social Rights and Professional Judgment
Author:
Anders Molander
Publisher:
Routledge
Genre:
Science / Politics
Year:
2016
City:
London
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Welfare state professionals decide or establish premises as to whom will receive what, in what manner, when and how much, and when enough is enough. They control who passes through the gates of the welfare state.This book provides an in-depth understanding of the phenomenon of discretion. It shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. Extensive use of discretion can threaten the principles of the rule of law and relinquish democratic control over the implementation of laws and policies. The book introduces an understanding of discretion that adds an epistemic dimension (discretion as a mode of reasoning) to the common structural understanding of discretion (an area of judgment and decision). Accordingly, it distinguishes between structural and epistemic measures of accountability. The aim of the former is to constrain discretionary spaces or the behavior within them while the aim of the latter is to improve the quality of discretionary reasoning.This text will be of key interest to scholars and students in the fields of applied philosophy, public policy and public administration, welfare state research, and the sociology of professions.

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Discretion in the Welfare State

This book provides an in-depth understanding of the phenomenon of discretion. It shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. Extensive use of discretion can threaten the principles of the rule of law and relinquish democratic control over the implementation of laws and policies. The book introduces an understanding of discretion that adds an epistemic dimension (discretion as a mode of reasoning) to the common structural understanding of discretion (an area of judgment and decision). Accordingly, it distinguishes between structural and epistemic measures of accountability. The aim of the former is to constrain discretionary spaces or the behavior within them while the aim of the latter is to improve the quality of discretionary reasoning.

This text will be of key interest to scholars and students in the fields of applied philosophy, public policy and public administration, welfare state research, and the sociology of professions.

Anders Molander is Associate Professor at Centre for the Study of Professions, Oslo and Akershus University College, Norway.

Routledge Advances in European Politics

For a complete list of titles in this series, please visit www.routledge.com/Routledge-Advances-in-European-Politics/book-series/AEP

122Eurozone Politics

Perception and reality in Italy, the UK, and Germany

Philip Giurlando

123Politics of Identity in Post-Conflict States

The Bosnian and Irish experience

Edited by amonn Ciardha and Gabriela Vojvoda

124Unequal Europe

Social divisions and social cohesion in an old continent

James Wickham

125Clientelism and Economic Policy

Greece and the Crisis

Aris Trantidis

126Challenges to Democracies in East-Central Europe

Edited by Jan Holzer and Miroslav Mare

127Icelands Financial Crisis

The politics of blame, protest, and reconstruction

Edited by Valur Ingimundarson, Philippe Urfalino and Irma Erlingsdttir

128Personal Diplomacy in the EU

Political Leadership and Critical Junctures of European Integration

Roland Vogt

129Discretion in the Welfare State

Social rights and professional judgment

Anders Molander

Discretion in the Welfare State

Social rights and professional judgment

Anders Molander

First published 2016

by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge

711 Third Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2016 Anders Molander

The right of Anders Molander to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

Library of Congress Cataloging-in-Publication Data

Names: Molander, Anders, author.
Title: Discretion in the welfare state : social rights and professional
judgment / Anders Molander.
Description: Abingdon, Oxon ; New York, NY : Routledge, 2017. |
Series: Routledge advances in European politics ; 129 | Includes
bibliographical references and index.
Identifiers: LCCN 2016025574 | ISBN 9781138212428 (hardback) |
ISBN 9781315450483 (ebook)
Subjects: LCSH: Social work administration. | Administrative
discretion. | Social serviceDecision making. | Welfare state
Decision making. | Social rights.
Classification: LCC HV41 .M525 2017 | DDC 361.0068/4dc23
LC record available at https://lccn.loc.gov/2016025574

ISBN: 978-1-138-21242-8 (hbk)

ISBN: 978-1-315-45048-3 (ebk)

Typeset in Times New Roman

by Apex CoVantage, LLC

For Harald, my friend and colleague

Contents

This little book is the result of a close cooperation with Harald Grimen, my colleague and friend who died unexpectedly owing to a fatal error during heart surgery in February 2011. The basic ideas were first developed while Harald and I were working with Erik Oddvar Eriksen and Lars Inge Terum on a research project funded by the Research Council of Norway (NFR). These ideas have been further developed and to some extent applied in another NFR-funded research project titled Social Security in Context: Fairness, Efficiency, and Distribution.

Before Harald died, we had been working on a manuscript summarizing our research and teaching on discretion, and it was my task to produce a new version of it during the spring of 2011. However, this work was put on hold, as I was unsure about how to proceed without Harald. During a stay at the European University Institute in Florence in the spring of 2012, I resumed the project, and since then, I have worked on it whenever my schedule has permitted it, albeit with a certain sense of uneasiness about proceeding on my own with what was a cooperative project. Without a doubt, this would have been a different (and longer) book if Harald had not passed away, but what is presented is approaches and arguments we developed together, and I think he would have agreed to most of what is said or rather I think he would not have disagreed. I cannot remember Harald saying I agree; he always said, I dont disagree. I initially added Harald as a coauthor, but was advised by colleagues not to do so since I have to answer for this book. However, I have retained the use of we.

The book uses material from earlier publications. include material from Anders Molander, Harald Grimen, and Erik Oddvar Eriksen, Professional Discretion and Accountability in the Welfare State in Journal of Applied Philosophy (29, no. 3), and from Anders Molander, Profesjonelt skjnn i velferdsstaten: mekanismer for ansvarliggjring [Professional discretion in the welfare state: mechanisms of accountability] in Profesjonsstudier II, edited by Anders Molander and Jens Christian Smeby (Oslo: Universitetsforlaget, 2013).

I have had the privilege of working with Lisa Wallander on the subject of discretion. Our cooperation has resulted in two articles: Lisa Wallander and Anders Molander, Disentangling Professional Discretion: A Conceptual and Methodological Approach in Professions and Professionalism (2014, no. 3), and Learning to Reason: The Factorial Survey as a Teaching Tool in Social Work Education in Nordic Social Work Research (forthcoming). Lisa not only introduced me to the factorial survey approach, a method for analyzing judgments on which she is an expert, but also contributed to the conceptual analysis presented in this book.

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