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The relational impact of social rights judgments : a trust-based analysis
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Vitale, David (2022) The relational impact of social rights judgments : a trust-based analysis. Legal Studies, 42 (3). pp. 408-424. doi:10.1017/lst.2021.57 ISSN 0261-3875.
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Official URL: https://doi.org/10.1017/lst.2021.57
Abstract
There is a growing body of scholarship examining the impact of courts’ social rights judgments, especially their distributive impact (ie the extent to which they deliver social rights-related goods and services to the poor and marginalised). Commentators have used this impact to evaluate the effectiveness of courts in realising citizens’ social rights. This paper contributes to the scholarship by adding a new ‘relational’ dimension to our understanding of such impact. It uses the literature on the concept of trust from philosophy, sociology and other disciplines to analyse the impact that social rights judgments have on the relationship between citizens and the political branches of government, and argues that social rights judgments can modify two elements of this relationship that determine the dynamics at play in it: citizens’ vulnerability to the political branches with respect to the relevant goods and services; and citizens’ uncertainty about the political branches’ exercise of control over the goods and services (which can promote the political branches’ trustworthiness). By broadening our understanding of these judgments’ impact, the paper offers a valuable lens through which to analyse social rights judgments and adds needed nuance to current debates about courts’ effectiveness in realising citizens’ social rights.
| Item Type: | Journal Article | ||||||||
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| Subjects: | H Social Sciences > HM Sociology K Law [Moys] > KA Jurisprudence K Law [Moys] > KC International Law K Law [Moys] > KF Common Law, British Isles |
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| Divisions: | Faculty of Social Sciences > School of Law | ||||||||
| Library of Congress Subject Headings (LCSH): | Social rights , Basic needs -- Law and legislation , Judgments , Social legislation , Judicial power -- Social aspects | ||||||||
| Journal or Publication Title: | Legal Studies | ||||||||
| Publisher: | Wiley-Blackwell Publishing Ltd. | ||||||||
| ISSN: | 0261-3875 | ||||||||
| Official Date: | September 2022 | ||||||||
| Dates: |
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| Volume: | 42 | ||||||||
| Number: | 3 | ||||||||
| Page Range: | pp. 408-424 | ||||||||
| DOI: | 10.1017/lst.2021.57 | ||||||||
| Status: | Peer Reviewed | ||||||||
| Publication Status: | Published | ||||||||
| Reuse Statement (publisher, data, author rights): | This article has been accepted for publication in a revised form for publication in Legal Studies. https://www.cambridge.org/core/journals/legal-studies | ||||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||||
| Date of first compliant deposit: | 23 November 2021 | ||||||||
| Date of first compliant Open Access: | 23 November 2021 | ||||||||
| Related URLs: |
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