Traditionen, Utopien, Dekonstruktionen - die Sozialstaatskonzepte des 'Ostblocks' (1945-1990)

The welfare state concepts in Eastern Europe under state socialism (1945-1990) were based on the conviction that only the state was responsible for solving all social problems. The 'bourgeois' manners of individual care were substituted by general measures in the field of labour- and family politics, as well as urban development. The experience showed however that this way of substitution was an illusion, because certain target groups were still in need of help (for example ill or handicapped children and adults, elderly people etc). Nevertheless, most of the Eastern European countries - with the exception of Yugoslavia - decided to abolish the existing forms of professional social work and the training for social workers. Instead, they invented 'surrogate structures' to manage the care for the 'needy': Various institutions and occupational groups (schools, hospitals and ambulances, employees groups etc.) took over the tasks of social workers and were trained to fulfil this as a kind of 'social practice'. Therefore, it is wrong to claim that social work was completely abolished under state socialism, But: as social work 'as such' did not exist any longer, it is more reasonable to speak of welfare state concepts, including social policy on one hand, and non- or paraprofessional social practice on the other. To characterize the effect of these welfare state concepts three parameter of interpretation seem to be useful: 'traditions', 'visions', and 'deconstructions' - embedded in a system of repression as well as incentives. Traditions: The huge 'social laboratory' that was installed was not a totally new one - it still carried on the heritage of the bygone: some bourgeois traces as well as elements out of the fascist heritage and -last but not least - the traditions of their own socialist movement. Visions: The socialist traditions included visions of social justice, the creation of a 'new mankind', a classless society, the end of exploitation and a peaceful living together of all people. Although the 'real existing socialism' has destroyed most of these visions, the power of these utopian ideas has outshined a lot of the every day’s misfortune and injustice for quite a long time. Deconstructions: The term of 'deconstruction' has a threefold meaning: the deconstruction of professional welfare, the deconstruction - in the sense of reinterpretation - of the socialist ideals such as social justice and social security, making an instrument of inclusion and exclusion out of it. And the deconstruction that is necessary to free the history of social work under state socialism from the prejudices and distorting practices, from both sides, the east and the west. In the contribution these three parameter of interpretation are applied on the following issues: The gaps in the 'overall system' of social security; working morale and education for work; mass organisations as an instrument of egalitarianism and general prevention; de-professionalisation by 'surrogating' social work; the 'transparent client'; church as refuge or 'state organ'; women’s politics as bio-politics.

Social Work, Social Politics and Justice

"The disaster does not primarily lie in people and in the way that they perceive the circumstances, rather in the circumstances that doom people to powerlessness and apathy - circumstances which they could, however, change" (Adorno, 1966, p. 189). When Karl Marx writes to Friedrich Sorge in his letter of the 19.10.1877, regarding his critique of the opinion of his opponents Dühring & Co., that one must deal with "a whole crowd of immature students and pompous doctors who claim to give socialism a 'higher, ideal' turn, that is to say, to replace the materialistic basis (that demands serious, objective study if one wants to operate on it)… with modern mythology by means of their goddesses of justice, freedom, equality and fraternité" (Marx, 1973, p. 303; cf. Schiller, 1993, p. 199 onwards), this thus refers to fundamental problems with the concept of "justice" up until today. As the debate shows, it concerns the contextualization of the term "justice", its meaning in historically concrete as well as socio-political circumstances, and therefore a social analysis that is both representation and critique. Essentially it also concerns the question of the relationship between ideas and reality and the development of standards of historical systematic 'nature' out of social frameworks (see Frey, 1978; Theunissen, 1989).

Google Books and Fair Use: A Tale of Two Copyrights?

On 14 November 2013, the US District Court of the Southern District of New York issued a major ruling in favour of the Google Books project, concluding that Google’s unauthorized scanning and indexing of millions of copyrighted books in the collections of participating libraries and subsequently making snippets of these works available online through the “Google Books” search tool qualifies as a fair use under section 107 USCA. After assuming that Google’s actions constitute a prima facie case of copyright infringement, Judge Chin examined the four factors in section 107 USCA and concluded in favour of fair use on the grounds that the project provides “significant public benefits,” that the unauthorized use of copyrighted works (a search tool of scanned full-text books) is “highly transformative” and that it does not supersede or supplant these works. The fair use defence also excluded Google’s liability for making copies of scanned books available to the libraries (as well as under secondary liability since library actions were also found to be protected by fair use): it is aimed at enhancing lawful uses of the digitized books by the libraries for the advancement of the arts and sciences. A previous ruling by the same court of 22 March 2011 had rejected a settlement agreement proposed by the parties, on the grounds that it was “not fair, adequate, and reasonable”. The Authors Guild has appealed the ruling.