The Development of Social Welfare Law

Abstract

Studying law, not only learner knows the objective and mechanism of law but also knows the changing of social context when the law is enacted and enforced. “Forensic Sciences” is the way to study law by using social science theory and method. Law is the essential element of social system. Law changes led by the social changes, while social changes led by the changing of law. Social welfare law has evolved for a long time, started by the “poor law” in the age of Queen Elizabeth of England. Social welfare law is the tool for transforming social policy to practice. The changing of social policy has three periods. There are feudal period, welfare state period, and post-welfare state period. Law in welfare state is public law which enacts to impose the relationship between state and people. Law in the post-welfare state is private law which determines the welfare relationship between state and people. Law system in post-welfare state is the hybrid system between normal system and alternative system. Law system changes from the paradigm of rights and justness to the paradigm of interest and solidarity. Law in post-welfare state uses other science for enacting and enforcing.