SOWK2001: Theories of Law
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Questions and Answers

What is one reason why Human Service providers should be knowledgeable about the law?

  • It provides powers to intervene. (correct)
  • It replaces the need for professional training.
  • The law prescribes specific answers to every situation.
  • It allows them to ignore ethical codes.
  • The law can prescribe standardized courses of action for every human condition.

    False

    What does the value base of social work practice imply?

    It is uncertain and changing.

    The law provides the __________ for social service agencies, especially in the public sector.

    <p>mandate</p> Signup and view all the answers

    Match the following concepts with their descriptions:

    <p>Framework = A structure that guides professional practice Code of Ethics = Guidelines for professional conduct Legislative Reform = Change in the laws affecting human services Intervention = Taking action to assist clients</p> Signup and view all the answers

    Which theory of law asserts that law is based on moral principles inherent in human nature?

    <p>Natural Law Theory</p> Signup and view all the answers

    Utilitarianism is a legal theory that states an action is right if it results in happiness for the greatest number of people.

    <p>True</p> Signup and view all the answers

    Name one key thinker associated with Natural Law Theory.

    <p>Thomas Aquinas</p> Signup and view all the answers

    The principle that an unjust law is not a true law is associated with __________ Law Theory.

    <p>Natural</p> Signup and view all the answers

    Match the following theories of law with their descriptions:

    <p>Natural Law Theory = Based on moral principles inherent in human nature Utilitarianism = Maximizes happiness for the majority Marxist Legal Theory = Instrument of the ruling class to maintain capitalist structures Positivism = Law is a set of rules created by humans</p> Signup and view all the answers

    What is the primary aim of the law in society?

    <p>Attainment of justice</p> Signup and view all the answers

    Theories of law help to understand the complexities of legal systems and the impact of the laws on society.

    <p>True</p> Signup and view all the answers

    What is the primary mission of human service professionals?

    <p>To enhance human well-being, particularly for vulnerable populations</p> Signup and view all the answers

    Karl Marx argues that the legal system primarily serves the interests of the proletariat.

    <p>False</p> Signup and view all the answers

    Utilitarianism is rooted in the works of philosophers such as Jeremy Bentham and ____________.

    <p>John Stuart Mill</p> Signup and view all the answers

    What are human service organizations primarily focused on?

    <p>Provision of social services that contribute to the social well-being of clients.</p> Signup and view all the answers

    According to Hasenfeld, the core activities of a human service organization are to process, sustain, or change _______.

    <p>people</p> Signup and view all the answers

    Match the following thinkers with their contributions:

    <p>Karl Marx = Critique of property laws and labor rights Friedrich Engels = Analysis of law in relation to class struggle Hasenfeld = Core activities in human service organizations Zins = Focus on empowerment and basic needs of vulnerable populations</p> Signup and view all the answers

    What funding sources are typically used by human service organizations?

    <p>All of the above</p> Signup and view all the answers

    Human service organizations may only serve individuals and not communities or groups.

    <p>False</p> Signup and view all the answers

    What do human service organizations aim to promote in their clients?

    <p>Social justice and social change.</p> Signup and view all the answers

    Which of the following types of Human Services Organizations does Hasenfeld identify?

    <p>People Changing</p> Signup and view all the answers

    The law has no impact on the rights clients are entitled to in human services.

    <p>False</p> Signup and view all the answers

    Name one reason why it is important for social workers to know the law.

    <p>It outlines the scope of their powers and duties.</p> Signup and view all the answers

    The primary purpose of the law in human services is to impact every aspect of __________ delivery.

    <p>health and human services</p> Signup and view all the answers

    Match these rights with their corresponding context in human services.

    <p>Right to consent = Informed consent Right to privacy = Professional protections Right to self-determination = Client rights Right against harassment = Workplace rights</p> Signup and view all the answers

    Which of the following statements regarding collaboration in human services is true?

    <p>Collaboration will not be realized without discussion of values.</p> Signup and view all the answers

    Human services professionals have no rights entitled to them according to the Services Commission Act.

    <p>False</p> Signup and view all the answers

    Identify one law that impacts eligibility for treatment in human services.

    <p>Poor Relief Act</p> Signup and view all the answers

    Study Notes

    SOWK2001: LAW & HUMAN SERVICES

    • Course code: SOWK2001
    • Lecturer: Ms Sandra Latibeaudiere, MSW
    • Focus: Law and human services

    Contents

    • Theories of law
    • What is human service
    • Purpose/function of law in Human Services
    • Why social workers should know the law
    • Applying the law to social work
    • Social work and the law and uneasy coexistence

    Theories of Law & Justice

    • Basic aim of law: attainment of justice in society
    • Theories of law: diverse perspectives on law's nature and function
    • Function: understanding the complexities of legal systems and their impact on society
    • Natural Law Theory: an action is right if it results in the happiness of the greatest number of people
    • Utilitarian Theory: an action is right if it maximizes happiness and well-being for the majority
    • Marxist Legal Theory: law as an instrument used by the ruling class to maintain capitalist structures.

    Natural Law

    • Definition: Law based on inherent moral principles in human nature
    • Key Thinkers: Thomas Aquinas, Aristotle, John Locke
    • Principles: Law derived from a higher moral order; unjust laws are not true laws.
    • Applications: Human rights discourse, legal arguments against unjust laws

    Theories of Law?

    • Natural Law: recognizes law and morality as deeply connected; human laws defined by morality, not authority (king/government).
    • Natural Law: humans are guided by their nature to conform to laws
    • Natural Law: laws do not vary by place or time, but are used to control laws made by human beings. These are absolute laws.

    Utilitarian Law Theory

    • Definition: Moral theory advocating actions that maximize happiness and well-being for the majority
    • Origins: Rooted in the works of Jeremy Bentham and John Stuart Mill.
    • Definition: Law as an instrument of the ruling class to maintain capitalist structures
    • Key Thinkers: Karl Marx, Friedrich Engels
    • Principles: Law serves the interests of the bourgeoisie; legal systems reflect and reinforce economic inequalities
    • Applications: critiques of property laws and labor rights, analysis of law in relation to class struggle

    What is a Human service organization?

    • Definition: Formal organizations whose primary business is the provision of social services contributing to clients' social well-being.
    • Examples: mental health facility, educational institutions, career/employment & rehabilitation services.

    Primary mission of human service professionals

    • Enhance human well-being and meet basic needs, with particular attention to vulnerable populations
    • Promote social justice and social change on behalf of clients.
    • Clients include individuals, families, groups, organizations, and communities

    Characteristics of HSOs

    • People as raw materials for activities in the HSO
    • HSOs use different transformation processes that differentiate them from other organizations
    • Examples of HSOs include mental health facilities, educational institutions, and career services

    Classifications of HSOs

    • Hasenfeld (1983) identified three types: People Processing, People Sustaining, and People Changing
    • Classification types depend on the change they seek to achieve: Restore, Improve, Maintain

    Applying law to human services

    • Collaboration between parties is essential, requiring discussion of values, power, objectives, and structures.
    • Example: Social workers use law to outline their powers and duties and set clear lines of accountability

    Purpose/Function of the Law in Human Services

    • Laws, legislation, court decisions, and administrative regulations impact every aspect of human services.
    • This includes entrance/exit from healthcare/social services, eligibility criteria for services, and client rights,
    • Example: Poor Relief Act, or Legal Aid.
    • Example: Rights of the client, including consent or rejection of treatment, right to self-determination.

    Why it is important for Social Workers to know the law

    • Outlines the scope of their powers and duties
    • Provides legitimacy to their work activities
    • Guides them on what they can and cannot do
    • Clarifies ethical issues
    • A final reference between agency and clients
    • Guides social workers on assisting clients within the legal space Advocate for legislative reform for their clients

    Why should Human Service providers know about the law

    • The law provides the mandate for social service agencies, especially those in the public sector
    • Provides powers for intervention for professionals
    • Knowledge of the law is fundamental in good practice

    Limitations of the law

    • It cannot provide an answer or procedure to address every human condition but only a framework
    • There are no standardized courses of action in certain circumstances
    • Professional practice is more complex and advanced than the law
    • Social work ethics and practice are always ahead of legal changes

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    Description

    This quiz explores the intersection of law and human services as outlined in the SOWK2001 course. It covers various theories of law, the importance of legal knowledge for social workers, and the role of law in achieving justice within society. Gain insights into how social work practices can be enhanced by understanding legal frameworks.

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