Legal Changes in Social Security in the Nordic Countries in the Period 1950–2000 from the Perspective of Subsidiarity and Solidarity
| Author | Lotta Vahlne Westerhäll |
| DOI | 10.1177/138826270400600403 |
| Published date | 01 December 2004 |
| Date | 01 December 2004 |
| Subject Matter | Article |
LEGAL CHANGES IN SOCIAL SECURITY
IN THE NORDIC COUNTRIES
IN THE PERIOD 1950-2000 FROM THE
PERSPECTIVE OF SUBSIDIARITY AND SOLIDARITY
Lotta Vahlne Westerha
¨ll*
Abstract
The focus of this article is how the basic knowledge that is used to determine legal
changes in the area of social security changed between 1950 and 2000 in Nordic
social security systems, especially in Sweden. It also examines whether trust in the
ability of the state to govern has declined, and if so, what has replaced it. The article
evaluates legal changes regarding the shaping of social rights and their
administration, using the principles of subsidiarity and solidarity as tools. The
idea that the welfare of the individual must always be balanced against the welfare
of society as a whole means that power must sometimes be relocated upwards to the
level where it will do most good for ‘the benefit of everyone’. Hence, the principle of
subsidiarity must be supplemented by the principle of solidarity, which entails a
collective responsibility for everyone’s good and thus contributes to the realisation of
the common good. Individual and collective responsibility must be balanced in
order for the good of the individual and the common good to be fulfilled from the
point of view of the prevailing values of justice and effectiveness. The article
concludes that, for demographic, financial, legal, and above all, ethical reasons a
reconstruction of the social project is needed.
1. INTRODUCTION
In the period 1950-2000, extensive societal changes took place in the Nordic
countries. Studies show that these far-reaching demographic, economic and
political changes have affected law making.
1
The rules governing the area of
social security are the subject of this article and can be described as
European Journal of Social Security, Volume 6 (2004), No. 4 335
* Professor of Public Law, School of Economics and Law, University of Go
¨teborg, Box 650, 405
30 Go
¨teborg, Sweden. E-mail: lawlwes@mark.econ.gu.se.
1
See my book, Westerha
¨ll, L. (2002), The Fall of the Strong State? A jurisprudential study concerning
Swedish Social Security 1950-2000 (Den starka statens fall? En ra
¨ttsvetenskaplig studie av svensk
social trygghet 1950-2000), Stockholm: Norstedts Juridik.
336 Intersentia
politicised law.
2
The article will analyse changes within three areas of social
security: financial support; insurance protection for various types of risk;
and medical care and treatment in the event of illness.
3
The source of
information for this analysis is the legal norms and principles which have
been created under the influence of real changes in society, such as
demographic and economic changes.
4
Changes in political ideology and
politicians’ trust that the state will guide and achieve societal changes were
mirrored in legal changes.
5
What then is the purpose of studying legal changes in social security during
this period? The changes and the force with which they were carried out
were derived from a constantly changing source of knowledge. The way that
knowledge is used expresses different understandings of reality, which in
turn provide the foundation for dominant values at a given time and of the
ethical principles that are allowed to affect the structure of society.
6
As a
result, structures emerge, showing what is interesting or problematic from a
legal point of view and what law can regulate.
7
The different understandings
of reality also provide the framework for other images of reality and shape
the foundation of opinions regarding causes of problems.
8
These frame-
works and understandings of causes then function as the foundation of legal
patterns of action and solutions.
9
Thus, my focus is how the basic body of knowledge used to determine legal
changes in the area of social security has changed between 1950 and 2000. In
this context it is also interesting to examine whether faith in the ability of the
state to govern has changed, and if so, to find out what has replaced this faith.
This examination has an additional purpose. I intend to raise the normative
issue of responsibility for social security. In what way has collective and
individual responsibility for social security manifested itself in the Nordic
Lotta Vahlne Westerha
¨ll
2
Bernt, J. F. and Doublet, D.R. (1998), Philosophy of Science for lawyers – an introduction
(Vitenskapsfilosofi fo
¨r jurister – en innføring), Bergen–Sandviken: Fagboksforlaget.
3
See Westerha
¨ll, (2002), op. cit., pp. 103-475.
4
Sommestad, L. (2002), Demography and political culture. An economic-historic perspective of ‘the fall
of the strong state’, Uppsala (mimeograph).
5
Rothstein, B. and Bergstro
¨m, J. (1999), The Fall of Corporatism – and the Crisis of the Swedish model
(Korporatismens fall – och den svenska modellens kris), Stockholm: Na
¨ringsliv och Samha
¨lle.
6
Glava˚, M. and Petrusson, U. (2002), The Illusion Regarding the Law! – The Legal Profession and
Responsibility for the Legal Constructions (Illusionen om ra
¨tten! – juristprofessionen och ansvaret
fo
¨rra
¨ttskonstruktionerna). In Erkjennelse og Engasjement. Minnesseminar for David Roland
Doublet (1954-2000). Bergen: Fagbokforlaget, p. 112.
7
Glava˚, M. and Petrusson, U. (2002), The Illusion Regarding the Law! – The Legal Profession and
Responsibility for the Legal Constructions, pp. 138 f.
8
Westerha
¨ll, L. (1987), ‘Normative Power and Normative Consideration in Social Security Law’
(Normgivning och normpro
¨vning inom socialfo
¨rsa
¨kringsra
¨tten) in Fo
¨rvaltningsra
¨ttslig Tidskrift
1987, pp. 104-124.
9
Bernt, J F. and Doublet, D.R. (1998), Philosophy of Science for lawyers – an introduction, p. 28.
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