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1 J. Soc. Welfare & Fam. L. 1 (1978)

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Editorial


Why another law journal?
Why another social work journal?


We  hope to show that this one is different. It is not only written by and for both
social workers and  lawyers. And  this is not only because social workers are
interested in social welfare and lawyers are interested in law. The two professions
meet across a common   client. Both are equally committed to his interests. But
each sees those interests differently and responds to them in a different way. The
traditional role of the lawyer has been to protect his client against the invasion of
certain clearly defined interests, whether by other individuals or by the state. This
has usually involved claiming cash compensation for loss and damage or protecting
him  against threats to his personal freedom. The traditional role of the social
worker, indeed of any operator of the welfare state, has been to provide his client
with services or benefits to meet his needs. Many lawyers now see the claim to such
services or benefits in the same light as other legal claims. And social workers know
that what they provide involves some invasion of the client's interests, even a threat
to his personal freedom. An obvious example, touched on by David  May in this
issue, is the way in which a treatment ideology for juvenile offenders can obscure
both  the compulsory  nature of the intervention and society's justification for
imposing  it, technically the offence itself and whether it was committed. The
lawyerwill seek to serve his client's interests by avoiding such treatment, while
the social worker is sure that it is what his client needs.
  The Journal hopes to explore these conflicts and to help both professions towards
a greater understanding of each other's concerns and contributions. The decision
to aim at both markets is not simply a useful publishing device. Social welfare law
is principally, although not exclusively, about the relationship between  the
operators of the welfare state and those whom it seeks to benefit. We see the ex-
ploration of the differing perspectives of lawyers and social workers as an integral
part of examining and improving the services and benefits which the welfare state
has to offer. This may lead contributors of either profession to challenge the con-
cept of the welfare state itself. Traditional lawyers may have more in common
with radical social workers than either of them think. And it is radical lawyers
who  have  increasingly challenged some of the safer assumptions upon  which
traditional social work is based.
  This then is a new journal setting out to cover an enormous field for readers
with widely differing views and needs. In this issue, we have tried to indicate
something  of the scope of the subject and of possible approaches to it, by publish-
ing articles in each of the three main areas usually identified as social welfare
law, by pointing to some significant recent developments in statute and case law,
and  by flying some individual kites. The direction which any journal takes is
bound  to be influenced by the interests, in several senses of the word, of its editorial
staff. These have been carefully balanced between lawyers and social workers,
practitioners and academics, welfare rights and personal social services. But we
also hope to stimulate reactions from readers. Contributions, whether shorter or

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