SOWK2001: Law & Human Services Overview

Rules applied to conflicts to achieve legal solutions.

Establishes social order by settling disputes.

Using courts to enforce rules, maintaining social order and legitimacy.

Potential outcomes for breaking a law, including prosecution or lawsuits.

A collection of laws reflecting traditions and cultural background.

Deals with disputes between individuals or organizations, aiming for compensation or resolution. Examples include personal injury claims, contract breaches, and property disputes.

Deals with offenses against society as a whole, leading to punishment (e.g., fines, imprisonment). Examples include theft, assault, and murder.

The person who initiates a lawsuit in a civil case, claiming they were wronged.

The person or entity accused in a lawsuit (civil) or a criminal case.

The representative of the state (government) who brings criminal charges against a defendant.

Law based on precedents set by judges in previous court decisions.

Law created by the government through written legislation & acts.

Deals with the relationships between government and citizens, or between different government entities.

A legal system where judges' decisions in previous cases (precedents) set rules for future similar cases.

The collection of legal rules established by judges' decisions in previous cases.

The legislative body (lawmaking institution) responsible for creating statutory law.

A judge's decision in a previous case that sets a binding rule for future similar cases.

Books that record judges' decisions, providing a source for precedents and legal arguments.

The specific body within the Parliament responsible for creating and passing statutory laws.

The government branch responsible for creating laws through statutes and acts.

A previous court decision that guides future similar cases, establishing a legal principle that judges follow in later judgments.

A collection of rulings made by judges in past cases, forming a critical source of law, particularly in common law jurisdictions.

The branch of government responsible for carrying out the laws and policies made by the legislature. It includes government officials, such as the Prime Minister and Cabinet.

The Executive branch formulates and executes policy, controls security and the public service, and includes offices like the Attorney General and Director of Public Prosecutions.

The supreme law of the land, outlining fundamental rights and freedoms of citizens, and setting the framework for the legal system.

The Constitution establishes the three arms of the state: Executive, Legislative, and Judicial, dictating how laws are made, the structure of the legal system, and the roles of government officials.

The origins of legal rules, including the Constitution, legislation, case law, delegated regulations, custom, and international law.

Customary law, based on traditions and practices, is a declining source of law, while international law is gaining importance in domestic legal systems.

A system where government power is split between three branches: the Executive, Legislature, and Judiciary, each with independent functions to prevent abuse of power.

Laws created by Parliament through a voting process, recorded in statute books.

The principle that courts should follow previous decisions (precedents) in similar cases, creating consistency in legal rulings.

Laws based on long-standing traditions and practices accepted by the people.

Power used without any rules, principles, or reason, leading to inequality and injustice.

Nobody should be punished without violating the law, ensuring justice and fairness.

The law cannot provide a solution for every human situation. It only offers a framework, and the actual practice in social work often goes beyond what the law specifies.

Social work is based on ever-changing ethical principles, while the law often lags behind in addressing these evolving values.

Lawyers historically focus on combat and winning, aiming to shift responsibility. Social workers prioritize means and outcomes, emphasizing negotiation and individual responsibility.

Both lawyers and social workers often face negative stereotypes, with each profession harboring a cynical view of the other.

Law and human services organizations differ in their origins, values, and methods.

Social work knowledge is rooted in social research, while law primarily relies on precedent.

Social work has historically been dominated by women with lower social status, while law has been predominantly male-dominated and privileged.

Lawyers are often stereotyped as greedy, untrustworthy, and conceited.

A theory suggesting that laws are based on universal moral principles inherent in human nature, independent of societal rules.

This theory argues that laws should maximize happiness and well-being for the greatest number of people.

This theory views law as a tool used by the ruling class to maintain their power and control over society.

A core principle in social work that respects an individual's right to make their own decisions and choices.

Law aims to create a framework for social justice, protect vulnerable individuals, and ensure access to services.

Social workers must understand legal frameworks to effectively advocate for their clients and navigate the complex system of human services.

There's a tension between the strict legal framework and the broader, ethical framework on which social work is based.

Social work prioritizes individual well-being and social justice, while law focuses on legal precedent and procedures.

A formal organization whose primary goal is to provide social services that contribute to the well-being of clients. They may focus on individuals, families, groups, or entire communities.

A social agency that provides specific social services to vulnerable populations facing social problems. They are often funded by donations, government grants, or fees paid by clients.

The core mission is to enhance human well-being and meet basic needs, with a specific focus on empowering vulnerable and marginalized populations. They also advocate for social justice and change.

These organizations utilize different transformation processes to bring about change in their clients. These processes distinguish them from other organizations.

Hasenfeld views human service organizations as structures that process, sustain, or change people who come under their jurisdiction. People are considered the raw materials of these organizations.

The core differentiating factor is their focus on human transformation. They employ structured processes to change clients, unlike other organizations.

The law provides the foundation for social service agencies, particularly those funded by the government. It sets guidelines, authorizes interventions, and defines the boundaries for social work practice.

While the law offers a framework, it can't address every human situation. Social work practice often involves ethical considerations that exceed legal boundaries.

The law provides basic guidelines and structures for social service interventions, but doesn't offer detailed instructions for every situation. There's room for professional expertise and ethical judgment beyond legal mandates.

Social work is guided by ethical principles that extend beyond the boundaries of the law. These values are based on a commitment to individual well-being, social justice, and respect for human dignity.

Ethical values guide social work practice, often extending beyond the legal framework. Social workers have a responsibility to consider the well-being and rights of individuals even when legal restrictions are present.

Human service organizations (HSOs) that focus on admitting, discharging, and managing the flow of clients. Examples include hospitals, shelters, and correctional facilities.

These HSOs aim to maintain the well-being of clients in their current state, offering ongoing support and services. Examples include nursing homes, community centers, and hospice care.

These HSOs seek to improve or transform the lives of clients through interventions and programs. Examples include therapy centers, rehabilitation programs, and educational institutions.

Laws directly influence every aspect of human service delivery, including:

• Entrance and exit from the system (e.g., mental health admissions, social assistance eligibility)
• Client eligibility for services
• Client rights (e.g., informed consent, privacy)
• Professional and staff rights & duties
• Program administration & regulation
• Professional-client relationships

While law focuses on legal precedent and procedures, social work prioritizes individual well-being and social justice. This creates a tension between the legal framework and broader ethical principles.

Social work knowledge is rooted in social research and evolving ethical principles, while law relies on precedent and legal doctrine. This difference can lead to disagreements about how to address complex social issues.

Natural Law argues that laws are rooted in universal moral principles inherent in human nature, meaning they are not created by humans or governments.

Utilitarian Law focuses on maximizing happiness and well-being for the greatest number of people when creating laws.

Marxist Legal Theory views law as a tool used by the ruling class to maintain their power and control over society.

Self-determination in social work respects an individual's right to make choices and decisions about their own well-being.

Law provides a framework for social justice, protects vulnerable individuals, and ensures access to services.

Social workers must understand legal frameworks to effectively advocate for their clients and navigate the complex system of human services.

There's a tension between the strict legal framework and the broader, ethical framework on which social work is based.

Social work values, such as individual well-being and social justice, often guide practice beyond legal boundaries, creating a unique ethical perspective in the profession.

Formal organizations that provide social services to improve the well-being of individuals, families, or communities. They often focus on helping vulnerable populations.

An HSO that focuses on managing the flow of clients, such as admitting, discharging, or transferring them. It involves handling the intake and movement of people within the organization.

An HSO that provides ongoing support and services to maintain the well-being of clients. It aims to keep their current state of health or well-being stable.

An HSO that aims to improve or transform the lives of clients through various interventions and programs. It seeks to bring about positive change in individuals.

The law creates the foundation for many social service agencies, setting guidelines, authorizing interventions, and defining the boundaries of social work practice.

Social workers are guided by ethical principles that can sometimes conflict with legal frameworks, requiring professional judgment and a commitment to the well-being of clients even when legal restrictions exist.

Human service organizations are distinct from other organizations because they use different processes to bring about change in their clients. Their focus is on transforming individuals and communities.

Understanding the law helps human service providers advocate for their clients, navigate the system, and ensure ethical practices, particularly when working with public sector agencies.

The law offers a framework, but it can't address every human situation. Social work practice often involves ethical considerations that extend beyond what the law dictates.

Law focuses on legal precedent and procedures, while social work prioritizes individual well-being and social justice. This can create tension when addressing complex social issues.

Law shapes nearly every aspect of human service delivery, from client eligibility and rights to professional duties, program regulation, and the relationship between professionals and clients.

Understanding the law enables social workers to effectively advocate for their clients, navigate the legal system, and ensure their practice adheres to ethical and legal standards.