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Essential law for social workers / Robert G. Madden.
LIBRA KF390.S6 M33 2003
Available from offsite location
- Format:
- Book
- Author/Creator:
- Madden, Robert G.
- Language:
- English
- Subjects (All):
- Social workers--Legal status, laws, etc--United States.
- Social workers.
- Social workers--Legal status, laws, etc.
- Social workers--Legal status, laws, etc--U.S. states.
- United States.
- Physical Description:
- xiii, 177 pages ; 24 cm
- Place of Publication:
- New York : Columbia University Press, [2003]
- Summary:
- Whether protecting their own rights or those of their clients or navigating the juvenile justice, immigration, or welfare systems, social workers confront legal issues every day. This book explores legal concepts, legal reasoning, and legal processes--illustrated with case vignettes from social work practice--in order to provide social work practitioners and students with practical and accessible legal knowledge. It introduces readers to scholarship about the law and to conceptual knowledge that can be applied to any interaction with the legal system. Social workers are thereby enabled to "think like a lawyer" and increase their effectiveness. The volume features a discussion of recent reform movements, including Alternative Dispute Resolution, and an appendix of sources for legal information and research on the law.
- Contents:
- 1. Why Social Workers Study the Law: Knowledge for Practice 1
- Participation in the Legal System 1
- The Nature of the Law 2
- Learning About the Law 11
- Inductive Reasoning: From Practice Problems to Legal Principles 15
- 2. Exploring Jurisprudence: Legal Philosophy 17
- Naturalism 18
- Legal Positivism 21
- Schools of Legal Thought 22
- Recent Legal Reform Movements 33
- 3. The Development of the Law 39
- Judicial, Legislative, and Administrative Processes 39
- Comparing Criminal and Civil Law Procedures 48
- The Structure of the Court System 50
- Rules and Cases: Common Law Development 54
- 4. The Practice of Law 58
- The Advocacy System and the Roles of Legal Professionals 58
- Introduction to Legal Reasoning 68
- Legal Knowledge for Social Workers 71
- 5. The Litigation Process: Dissecting a Court Case 77
- The Stages of a Lawsuit or Criminal Trial 78
- 6. Protection of Individuals and the Preservation of Social Order 96
- Constitutional Protections and American Values 96
- Criminal Law and Criminal Procedure 104
- Influencing Legal Policy 107
- 7. How Courts Make Legal Decisions About People's Lives 108
- Balancing Legal Rights and Social Needs 108
- The Process and Orientation of Family and Juvenile Courts 110
- The Process and Orientation of Probate Court 118
- Judicial Responses to Social Problems 121
- 8. Torts: How the Law Provides Compensation for Injury and Deters Unsafe Practices 124
- Elements of Negligence and Malpractice Actions 125
- Intentional Torts 129
- Benefits to Social Work Practice 130
- 9. Contracts and Other Legal Issues in the Management of Social Work Practice 131
- Basic Principles of Contract Law 131
- Contracts with Clients: Informed Consent 135
- Contracts with Managed-Care Organizations 135
- Legal Issues in Agency Management 137
- Legal Issues in the Business of a Private Practice 142
- Appendix Legal Research 151
- Statutory Law 151
- Case Law 152
- Electronic Legal Research 154.
- Notes:
- Includes bibliographical references (pages [157]-165) and index.
- ISBN:
- 0231123205
- 0231123213
- OCLC:
- 51614011
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