'The new paupers': A historical analysis of social security law and the rise of automation

Research output: Contribution to journalArticleScientificpeer-review

Abstract

Throughout history, the 'poor' have been categorized into various groups based on different characteristics, such as where they come from and the causes of their poverty. Examples of such distinctions include the terms of 'deserving poor' and the 'undeserving poor,' stemming from the societal notion that citizens should be selfreliant and responsible for their own situation. This historical categorization of the 'poor' carries significant legal and practical implications. With the rise of the welfare state and the establishment of the right to social security, this distinction seemed to have disappeared. However, the government's distrust towards welfare recipients, coupled with the automation and digitalization of social security law, has led to its reintroduction. This poses the danger of stigmatizing or unfairly punishing many welfare recipients, especially those deemed 'undeserving' of benefits. This paper offers a historical analysis of poor relief in various Western European countries, shedding light on the recurrence of historical categorizations of welfare recipients within the context of the automated welfare state, and its associated dangers.
Original languageEnglish
Pages (from-to)14-34
Number of pages21
JournalTilburg Law Review-Journal of International and European Law
Volume29
Issue number1
DOIs
Publication statusPublished - 25 Jul 2024

Keywords

  • Administrative law
  • Automation
  • Categorization
  • Discrimination
  • Historical- sociological analysis
  • Poverty
  • Punishment
  • Social security law
  • Welfare recipients
  • Welfare state

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