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 (B)

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 (A)</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 (A)</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 (D)</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 (A)</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 (B)</p> Signup and view all the answers

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

<p>False (B)</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 (D)</p> Signup and view all the answers

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

<p>False (B)</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 (B), People Sustaining (D)</p> Signup and view all the answers

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

<p>False (B)</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. (B)</p> Signup and view all the answers

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

<p>False (B)</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

Flashcards

Natural Law Theory

A legal theory connecting law with morality. Human laws are defined by morality, not authority.

Utilitarian Law Theory

A moral theory that suggests actions maximizing happiness for the majority are right.

Purpose of Law

Aiming for justice in society.

Social Worker & Law

Social workers need to understand law to effectively serve clients.

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Self-determination

A social work principle aligning with natural law, respecting individual autonomy.

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Marxist Legal Theory

Law as a tool maintained by the ruling class to support capitalist structures.

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Human Services

Activities that support people

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Law's Function in Human Services

Ensuring ethical and effective practice by social workers.

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Human Service Organization (HSO)

A formal organization focused on providing social services to improve client well-being.

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HSO's primary mission

To improve human well-being, focusing on vulnerable populations and social justice.

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Clients of HSOs

Individuals, families, groups, organizations, and communities.

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Core activities of HSOs

Processing, supporting, and changing people within their jurisdiction.

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Marxist view on law

Law is used to serve the interests of the wealthy and maintain existing inequalities.

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Transformation processes in HSOs

Methods used to bring about changes in clients.

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HSO characteristics

Different methods/approaches to bringing change to clients.

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Social Worker's Role

Social workers use legal knowledge to help clients navigate systems and advocate for change.

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Legal Mandate

Law provides the framework for social service agencies, especially those funded by the government, to operate and intervene.

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Limits of Law

The law can't solve every problem, but provides a framework. It's not always the best guide for individual situations.

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Ethics vs. Law

Professional ethics guide social workers, but legal rules don't always cover every ethical dilemma.

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Social Change & Law

Society changes faster than laws. Social work values evolve and inform practice, even when laws haven't caught up.

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People Processing HSO

A human service organization (HSO) focused on changing the characteristics of individuals, such as a mental health facility.

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People Sustaining HSO

A human service organization (HSO) aimed at maintaining individuals' well-being in their current state, like a support group for seniors.

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People Changing HSO

A human service organization (HSO) striving to improve the well-being of individuals, for example, a vocational training program.

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Law's Impact on Human Services

Legal frameworks govern every aspect of human services, from eligibility for programs to rights and responsibilities of both clients and professionals.

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Law's Role in Client Eligibility

Legal guidelines determine who qualifies for human services, like welfare programs or mental health treatment.

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Client Rights in Human Services

Legal frameworks guarantee rights for clients, such as informed consent, due process, and self-determination.

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Professional Rights and Responsibilities

Laws outline the rights and duties of service professionals, covering issues like compensation, privacy, and professional conduct.

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Why Social Workers Need Legal Knowledge

Understanding the law is crucial for social workers to define their scope of practice, ensure ethical conduct, and make informed client-centered decisions.

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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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SOWK2001: Law & Human Services Lecture Notes PDF

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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