Juridification and social citizenship

The project has resulted in two books and several articles. One book is Kristian Mjåland´s Ph.D. thesis "Power, legitimacy and resistance. An ethnographic analysis of drug use and rehabilitation in a Norwegian prison" (2015). The dissertation is based on four articles and a solid theoretical and methodological frame («kappe») in which Mjåland discusses theoretical and methodological questions and perspectives relating to the treatment of drug abuse in Norwegian prison- and drug policy. The volume Juridification and Social Cititzenship in the Welfare State (Aasen, Gloppen, Magnussen and Nilssen eds) was published by Edward Elgar (2014). The book gives a complex picture of how different legal instruments and juridification processes influence on social citizenship in different fields of the welfare state, as well as theoretical analyses related to democracy, professionalism and the role of international law. The constitution of the modern welfare state entailed a change in the role of law in society: from limited government and rule of law to active government and social law. Law is not only a guarantee for basic justice, individual freedom and security but in addition a significant political instrument for obtaining social objectives. In this context, "juridification" refers to the expanding role of law and legal institutions in the modern welfare state, related to the expansion of state activities and the multitude of public and private interests, conflicts and dilemmas that followed. Today, law is important not only in the "hard cases" of negative criminalization and punishment, but also - and increasingly - in the "softer" areas of positive welfare state activity: health care, education, employment, social security, housing, etc. These areas of public activity and interests raise a number of questions that demand authoritative solutions, which are found in the complex web of social law and regulations. In addition, the term "juridification" refers to conflicts and problems being increasingly framed and discussed in terms of individual rights, which can be partly explained with reference to the influential post-war human rights doctrine. Finally, "juridification" also resembles the frustration of professionals and others who are confronted with an increasing number and intricacy of legal regulations in their work and professional activities. Individual entitlements are used as a tool to secure people´s social citizenship, including access to essential goods and services as health care, education, social benefits and social security. Some groups, such as illegal immigrants, have a far more limited access to welfare services, due to the welfare state´s strategies to limit such access, e.g. to health care. The development of individual entitlements as part of social citizenship has in some areas (e.g. with regard to unemployment and social benefits) been met with social policies and regulations in order to counter and limit individual access to benefits, and thereby prevent "passive" recipients of social welfare. These countering measures, or "activation policies", include action plans, training programs, control systems, surveillance, community work, sanctions and other measures to activate individuals and prevent them from becoming dependent social clients rather than active and independent community members. Despite positive intentions (active and independent citizens), such legal regulations, requirements and control systems, which vary considerable among different welfare states and within different fields of the welfare state, may have a significant impact on the social citizenship of particular groups and individuals, including their experience of belonging, dignity and autonomy. One important area of the welfare state is the healthcare sector. Access to quality healthcare services when needed is considered to be one of the most important aspects of social citizenship. All citizens are from time to time patients in need of healthcare, and the provision and distribution of healthcare services are essential tasks of all welfare states. Responsibility for and access to different kinds of healthcare services (emergency, primary, specialist) is regulated by a number of national as well as international legal instruments, including human rights instruments. However, there is significant variation regarding national implementation of international regulations, f or example with regard to human rights requirements concerning non-discrimination in the health care service. Distinct for social law in all fields is that it is interpreted and applied by professionals, including health care personnel, social workers and various groups of public servants. In fact, social law cannot be implemented without the active assistance of a broad range of professionals. Therefore, their understanding and application of the laws and regulations have a strong impact on social citizenship. Project homepage: ht

Far-reaching processes of judicialisation are perceived to be at work in Norwegian society and beyond, with increasing legal regulation and authority shifting from political bodies to courts and other judicial and quasi-judicial bodies. This study uses mu ltidisciplinary and empirically grounded analyses of judicialisation processes pertaining to welfare, labour and migration, focusing particularly on how new forms of judicialisation (and de-judicialisation) change the terms of social citizenship for vulne rable groups such as young prisoners, individuals with an unstable/insecure relation to the labour market, temporary agency workers and immigrants. These are groups facing special and different challenges with regard to social inclusion. The study identif ies four sets of common cross-cutting research questions, addressing core aspects of judicialisation: the relationship between judicialisation and democracy; the consequences of (de)judicialisation processes for the power and discretion of professions, th e influence of international law on domestic (de)judicialisation processes and the challenges of multiculturalism and anti-discrimination and how religious and cultural diversity are accounted for in national law and policies. The consortium and partners represent a broad range of expertise and disciplines (law and human rights, political science and sociology, Arabic culture and language, philosophy and economy) and will facilitate a truly multidisciplinary and integrated approach to the research questio ns. Methodology from both law and social sciences will be utilized, and the project will benefit from empirical as well as normative approaches and frameworks.