History of Social Law in Germany

Transcription

1 History of Social Law in Germany

2 ThiS is a FM Blank Page

3 Michael Stolleis History of Social Law in Germany Translated from the German by Thomas Dunlap

4 Michael Stolleis Max-Planck-Institut für europäische Rechtsgeschichte Frankfurt am Main, Germany Chapters 1-6 of this book previously published in English in the following publication: Stolleis: Origins of the German Welfare State (German Social Policy, Vol. 2), Springer Berlin Heidelberg, 2013, ISBN ISBN ISBN (ebook) DOI / Springer Heidelberg New York Dordrecht London Library of Congress Control Number: Springer-Verlag Berlin Heidelberg 2014 This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. Exempted from this legal reservation are brief excerpts in connection with reviews or scholarly analysis or material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. Duplication of this publication or parts thereof is permitted only under the provisions of the Copyright Law of the Publisher s location, in its current version, and permission for use must always be obtained from Springer. Permissions for use may be obtained through RightsLink at the Copyright Clearance Center. Violations are liable to prosecution under the respective Copyright Law. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. While the advice and information in this book are believed to be true and accurate at the date of publication, neither the authors nor the editors nor the publisher can accept any legal responsibility for any errors or omissions that may be made. The publisher makes no warranty, express or implied, with respect to the material contained herein. Printed on acid-free paper Springer is part of Springer Science+Business Media (

5 Contents I. Introduction The Cultural Conditioning and Changeability of Social Protection 1 2. Chronological Parameters The Formation of Society and Social Protection References... 8 II. Social Protection in the Middle Ages and in the Early Modern State: Alms, Poor Relief [Armenpolizei], Care, Social Help Christian Poor Relief The Early Modern State and the Church The Transition to the Nineteenth Century References III. Social Policy in the Empire: The Insurance Solution The Idea of Insurance Old Forms of Security and the Industrial Revolution Reform Attempts Bismarck s Social Insurance a) The Political Background b) Idea and Motive c) The Constitutional Situation and the Social Question d) Modernity and Traditionalism e) The Decision in Favor of Compulsion f) Bureaucracy and Parties g) Self-Administration h) State Subsidy Sickness, Accident, Disability a) Sickness Insurance b) Accident Insurance c) Disability Insurance v

6 vi Contents 6. Supplementary Laws and Further Development Down to the First World War a) Protective Labor Law b) Labor Law c) Social Insurance Law Down to d) The Municipal Level References IV. The First World War Adjustments The Vaterländischer Hilfsdienst [Patriotic Auxiliary Service] and Collective Labor Law War Relief and Unemployment Benefits Provisioning a) Civil Service, General Conscription, War Victims b) The Legal Development c) Maintenance of Soldiers and the Law on the Consequences ofwar References V. The Weimar Republic Welfare [Fürsorge] Youth Welfare Housing Policy Social Insurance and Labor Law Confront New Challenges a) Dealing with the Fallout from the War and the Further Development of the Classic Branches of Social Insurance b) From Social Assistance for the Jobless to Insurance Against Unemployment Labor Courts Crisis Management Without Parliament References VI. The Nazi State Ruptures and Continuity Race and Population Policy Job Creation and Labor Law Social Insurance a) Sickness Insurance b) Accident Insurance c) Pension Insurance Welfare and Provisioning Social Policy in the War State References

7 Contents vii VII. The Post-War Period, the Federal Republic, and the German Democratic Republic Zero Hour or Continuity? From Welfare to Public Assistance a) The Occupation Period b) Eligibility for Welfare c) Church-Based and Non-statutory Welfare d) The Federal Social Assistance Act e) The Law in Practice f) Social Welfare in the SOZ and the GDR The Long Road to the Children and Youth Services Act a) Youth Welfare After b) From the Reich Youth Welfare Act to the Child and Youth Welfare Act c) Youth Welfare and Youth Aid in the SOZ and the GDR Internal and External Burdens from the War a) Provision for War Victims, Provision for Soldiers b) Prisoner of War Compensation, Integration of Expellees and Evacuees c) Compensation of Burdens d) So-Called Wiedergutmachung ( Restitution ) Social Support and Promotion a) Classification Issues b) Disability Law c) Child Allowance d) Housing e) Purpose-Orientation and Adversities of the System Social Insurance After a) Setting the Course: Omnium Insurance (Einheitsversicherung) or Tried-and-True System? b) Social Court and Labor Court Jurisdiction c) Institutional Rebuilding of Social Insurance d) Pension Insurance e) Health Insurance f) Accident Insurance g) Job Placement and Unemployment Insurance h) Nursing Care Insurance: The Fifth Pillar References VIII. Social Law as a Scientific Discipline References IX. Europeanization of Social Law National Social Systems and International Cooperation European Law and the Emerging European Constitution References

8 viii Contents X. Long Term Perspectives for Social Protection Changing Societies and Social Protection Slowness in Responding to Economic Crisis The German Model Social Protection and the Legitimation of Democracy References XI. Index