论20世纪初英国现代社会保障制度的初步确立

20世纪初英国逐步建立了现代社会保障制度.贫困和失业等社会问题的严重化和济贫法制度的失效是这一制度建立的根本原因;来自工人阶级的政治压力是其建立的一个重要原因;费边社会主义、集体主义和新自由主义为这一制度的建立提供了理论基础;德国保险型社会保障制度的建立起了先导作用.英国政府通过一系列的社会立法逐步形成了涉及到养老、失业、医疗、儿童等方面比较完善的福利体系,标志着英国现代社会保障制度的初步确立.它是英国社会保障制度史上一次根本性的转折.     

英国史研究的新领域与新成果——《从济贫到社会保险》评介

英国社会史的研究,特别是英国社会保障制度史的研究,是对我国正在探索和建立中的、有中国特色的社会保障制度具有直接借鉴意义的研究课题。丁建定同志的《从济贫到社会保险——英国现代社会保障制度的建立(1870--1914))(中国社会科学出版社2000年12月出版)一书,可以说是我国英国史研究领域的一项新的重要成果。     

《贝弗里奇报告》与英国现代福利制度的建立

《贝弗里奇报告》是资本主义发展史上一份比较完整的福利政策,是现代福利国家的蓝图,是英国乃至人类社会保障史上的一个重要的里程碑。《贝弗里奇报告》的出现及实施,不仅使得英国成为人类历史上第一个"福利国家",同时也为西方福利国家制度的建立奠定了重要的政策基础,具有划时代的意义。     

一本探索福利国家由来的好书——评陈晓律的《英国福利制度的由来与发展》

一本探索福利国家由来的好书——评陈晓律的《英国福利制度的由来与发展》王章辉英国是世界上第一个福利国家,它在２０世纪初就颁布了一系列社会立法,初步建立起社会保障制度。第二次世界大战后,这种制度更加完善,英国遂成为福利国家。实行社会保障是社会现代化的一个...     

我国社会保障制度的变迁和改革的难点分析

我国社会保障制度的建设大致可分为四个阶 段:第一个阶段是在我党创建革命根据地后开始的。1932年由临时中央政府颁布的第一个《劳动法》和其后重新修改的《中华苏维埃共和国劳动法》表明当时的苏区已建立起了现代社会保障的主体框架。     

1870—1914年英国的济贫法制度

1870—1914年英国的济贫法制度仍然遵循1834年新济贫法所确立的“济贫院内救济原则”。由于社会条件的变化,英国的济贫法制度在1870—1914年进行了一定程度的改革,但是,这种以对贫困的消极被动性救济而不是积极主动性预防为基本特征的济贫法制度已经不能适应英国社会发展的需要。然而,由于特殊的政治原因以及济贫法制度本身的改革,英国的济贫法制度作为以社会保险制度为核心内容的现代社会保障制度的补充而暂时保存下来。     

振兴老工业基地建设中社会保障问题在立法上的思考

社会保障制度是国家通过国民收入分配和再分配,依法对社会成员的基本生活权利给予保障的一种安全制度。社会保障法是社会的保险法,是保护人权的权益法,是公平分配财富的平衡法。建立一套完善的社会保障制度,是振兴老工业基地不可或缺的有力保证和关键环节。     

英租威海卫时期的威海政治体制

在英国租占威海卫32年里,英国是怎样对威海卫实行殖民统治这是认识和研究英租威海卫历史的一个根本问题。《1901年枢密院威海卫法令》的颁布,确立了威海卫的基本政治制度。英国从政权设置、司法制度、社会治安、乡村控制等方面,逐步建立起一套政治高度集权、控制严密的殖民统治体制,从而实现了其对威海卫的全面控制。     

英国金融制度和金融调控法研究

英国的金融调控法在英国的宏观调控法体系中具有至关重要的地位,其金融制度是以英格兰银行为核心,以清算银行、商人银行和贴现银行为主体,其他金融机构为补充的制度。英国的金融调控法主要是英国的中央银行法即《英格兰银行法》,于1946年制定,并历经1979年、1987年和1998年三次大的改革,最终确立了英格兰银行作为中央银行在法律上的独立地位。     

关于国有企业实行岗位工资的思考

随着国有企业工资分配制度改革的不断深入,2001年山西省劳动社会保障厅、太原市劳动社会保障局分别转发了劳动和社会保障部《关于印发进一步深化企业内部分配制度改革指导意见的通知》,山西省和太原市又分别印发了《山西省企业岗位工资制实施意见》,要求建立与现代企业制度相适应的工资收入分配制度。这一机制对于激发员工的劳动热情,调动员工的学习积极性,增强企业的活力有着重要的作用。     

The Colonial History of the 1905 Aliens Act

The passing of the Aliens Act of 1905 was a defining moment in British immigration law and history. This article investigates the influence of settler-colonial immigration restriction laws on the passing of the Act, and questions the current historiographical inclination to focus solely on the influence of American immigration restriction laws. By analysing the trajectory of contemporary public debates, the evidence given to the Royal Commission on Alien Immigration (1902–03) and the political discussion on various bills, the article shows that the existence of colonial immigration restriction laws played an important role in the formulation and passing of the 1905 Aliens Act. Putting the Act in this larger context highlights its colonial derivation, but also its uniqueness: the British Act's defence of asylum, the exception extended to those landing as political and religious refugees, has no parallel in either early US law or any of the settler-colonial laws.     

Britishness Reconsidered: Interplay Between Immigration and Nationality Legislation and Policymaking in Twenty-first Century Britain

ABSTRACT

This paper aims to clarify the dynamic interplay between immigration and nationality legislation and policymaking in post-imperial and pre-Brexit Britain. In 1981 and 2002, the years on which this paper focuses, three pieces of legislation were enacted marking watershed moments for British policy regarding immigration and nationality. The British Nationality Act of 1981 established ‘British citizenship’ in the statute book. The Nationality, Immigration and Asylum Act of 2002 claimed to introduce new meaning and value to the acquisition of British citizenship by introducing a citizenship test and pledge. Furthermore, the British Overseas Territories Act of 2002 expanded the geographic scope of British citizenship by, in theory, providing citizenship to all those eligible in the existing dependent territories. Debates on the meaning of Britishness and the political projects linking immigration and nationality legislation to it, continue today in government, academia, and the media, all of whom are competing to have a tangible impact on policy. This paper addresses two questions. First, how can we account for the protracted nature of the debate on Britishness, and government efforts to enact immigration and nationality legislation based upon it? Second, if the meaning of Britishness has evolved over time, how has it been shaped by the course of these ongoing political debates?     

‘The Cow is Still the Most Important Figure in Indian Politics!’: Religion,Imperial Culture and the Shaping of Indian Political Reform in the 1930s

This essay assesses the impact of imperial culture, particularly constructions of India and hinduism, on British responses to the Indian nationalist movement in the 1930s. The essay draws on personal and governmental papers, paying special attention to the language and vocabulary employed by British policy makers concerned with Indian affairs. The major issue addressed here is the British presumption that the 1935 Government of India Act, a plan for a federated India with British central control, would defuse nationalist agitation. Such a sanguine view of this proposal seemed misplaced, given the popular success of the nationalists, especially Gandhi, and given the explicit demands of Indians for full self‐government. However, such an optimistic assessment drew on presumptions about Indian political and social behaviour, and especially on conceptions of hinduism. Policy makers in Britain and India argued along well‐established lines, that hinduism inculcated moral and physical weakness, among other deficiencies, and that a British offer of compromise would attract many Indians who feared continuing confrontation with the Raj. Moreover, colonial advisors relied on a belief that social and caste divisions within hinduism would recur within the nationalist ranks as well. This sense that Indians would respond to half‐measures of reform persisted until the 1937 provincial elections. Though British administrators predicted only a moderate showing by the Indian National Congress, the polling proved otherwise, as Congress took power in the majority of the provinces. The Raj lasted another decade, but the confident cultural assumptions sustaining it took a fatal blow.     

"Confinement of the higher orders": the social role of private lunatic asylums in Ireland, C. 1820-60

The period 1820-60 marked an era of transition and diversity in Ireland that rapidly transformed the face of Irish society. Inextricably linked with these processes was the expansion of Ireland's private asylum system. This system diverged from its British counterpart both in the socioeconomic cohort it served and in the role it played within the mental health-care system as a whole. The implementation of the 1842 Private Asylums (Ireland) Act, the first legislative measure geared exclusively toward the system, highlighted the growing importance of private care in Ireland as well as providing for the licensing and regulation of these institutions for the first time. To date, historians of Irish medicine have focused almost exclusively on the pauper insane. This article aims to shift this emphasis toward other categories of the Irish insane through exploration of the Irish private asylum system, its growth throughout the period, and the social profile of private patients. I shall also interrogate the trade in lunacy model through exploration of financial considerations, discharge and recovery rates, and conditions of care and argue that while Irish private institutions were a lucrative business venture, the quality of care upheld was apparently high. Finally, I shall argue that Irish private asylums catered primarily for the upper classes and briefly explore alternative provisional measures for other non-pauper sectors of society.     

The Foreign Enlistment Act,International Law,and British Politics, 1819–2014

Foreign enlistment has made headline news in the current Syria crisis and with the rise of the terror group ISIS. The problem is an old one. How can states prevent their citizens from joining foreign forces? Whatever the motives of volunteers, states have usually reacted with the implementation of domestic laws in the hope of gaining a grip on the situation. Britain has one of the oldest pieces of legislation in place, the so-called Foreign Enlistment Act. Dating back to 1819, the history of the Act is largely unexplored. An analysis of British state practice related to the Act brings a history to light which reaches far beyond the domestic sphere where the Act is firmly placed today. The article shows that the Act originated in the realm of foreign policy, shaping legal concepts, such as non-intervention, recognition, and neutrality in the nineteenth century. In the twentieth century the Act was increasingly discussed in domestic policy, where current debates on foreign enlistment also take place. Thus, the article examines the changing role of the Foreign Enlistment Act in the context of 200 years of British domestic and foreign policy, illustrating how this domestic legislation shaped the understanding of concepts in international law.     

‘Divided Within Itself’: The Parliamentary Labour ‘Right’ and the Demise of Post‐War Revisionist Social Democracy in the 1970s

The article seeks to identify a neglected dimension of the ‘crisis’ and schism of British social democracy in the 1970s from within the ranks of the parliamentary Labour ‘right’ itself. Accounts of the so‐called ‘Labour right’ and its influential revisionist social democratic tradition have emphasized its generic cohesion and uniformity over contextual analysis of its inherent intellectual, ideological and political range and diversity. The article seeks to evaluate differential responses of Labour's ‘right‐wing’ and revisionist tendency as its loosely cohesive framework of Keynesian social democracy imploded in the 1970s, as a means of demonstrating its relative incoherence and fragmentation. The ‘crisis of social democracy’ revealed much more starkly its complex, heterogeneous character, irremediably ‘divided within itself’ over a range of critical political and policy themes and the basis of social democratic political philosophy itself. The article argues that it was its own wider political fragmentation and ideological introspection in the face of the ‘crisis’ of its historic ‘belief system’ which led to the fracture of Labour's ‘dominant coalition’ and the rupture of British social democracy.     

The Genesis of the 1906 Trades Disputes Act: Liberalism, Trade Unions, and the Law

The Trades Disputes Act of 1906 occupies an important positionin the history of trade unionism, industrial relations, andlabour politics. Far less attention has been devoted to itsplace in the development of Liberal politics. Historians ofliberalism tend to portray the act as an uninteresting reversionto the pre-Taff Vale position and symptomatic merely of theparty's desire to placate labour. This article suggests thatexisting accounts of the Act's genesis place insufficient emphasison its Liberal origins and that arguments about trade unionlaw provide important insights into the character of the partyand its creed. The argument is in three parts. The first considersthe constraints on liberal legislators. The second investigatesthe meaning of the debates surrounding the Act's passage. Itrestores the Act to its proper intellectual context by recoveringthe variety of views about trade union law present in Edwardianliberalism. The last section uses these arguments to demonstrateboth the resilience of radicalism within the party and the emergenceof a novel social democratic progressivism. Only thus, it isclaimed, is it possible to understand the passage and meaningof the Act. * A number of people have helped in the preparation of thisarticle. I would like to thank David Armutage, Eugeruo Biagiru,Elizabeth Emens, Jon Lawrence, Nomi Levy, Alastair Reid, EmmaRothschild, Lisa Tiersen and Philip Waller I benefited greatlyfrom the comments of the anonymous referees and the assistanceof the editors of Twentieth Century British History. I owe aspecial debt of gratitude to David Cannadine, Peter Clarke andVictoria de Grazia.     

'Caught Between a Rock and a Hard Place': Anti-discrimination Legislation in the Liberal State and the Fate of the Australian Disability Discrimination Act

This article offers a critical analysis of some of the practical implications for disabled people of the Disability Discrimination Act of 1992. Specifically, it raises questions about politics and the role of the law as an instrument of social changetaking greater account of the interests of disabled peopleon the one hand, and of the reliance of the social model of disability on a strategy based upon legal rights on the other. The article also suggests that the constraining effects of Australia's constitutional protections of rights and its federal system of government hinder the mildly progressive elements of the Disability Discrimination Act. To illustrate this, the paper employs empirical evidence to suggest that these effects have been exacerbated by the passage of the Human Rights Legislation Amendment Act in 1999.     

Geographies and politics of localism: The localism of the United Kingdom's coalition government

There has always been a localist element to British politics. But recently, a particular version of localism has been moved to the foreground by the 2011 Localism Act. This paper identifies various uses and meanings of localism, maps their geographical assumptions and effects, and critiques their politics. It does this using the localism of the United Kingdom's Coalition Government as a case study of localism in practice. The rationalities, mentalities, programmes, and technologies of this localism are established from Ministerial speeches and press releases, along with Parliamentary Acts, Bills, White Papers, Green Papers, and Statements – all published between May 2010 when the Coalition Government was formed, and November 2011 when the Localism Act became law. We argue that localism may be conceptualised as spatial liberalism, is never straightforwardly local, and can be anti-political.