Socialna pravičnost kot vprašanje upravičenosti redistribucije v sistemu socialnih zavarovanj : doktorska disertacija

slovenian

doktorska dela

2019

Univerza v Ljubljani, Pravna fakulteta
(Obvezni izvod spletne publikacije)

The thesis offers to the reader a social justice analysis of the legal framework governing the Slovenian social insurance system, comprised of health, pension and disability, unemployment, and parental protection insurance. It also addresses the lack of unified long-term care insurance regulation, which, under Slovenian law, has to this day not yet been established as an independent branch of social insurance. The social justice analysis rests on some of the key assumptions provided by four theories of political philosophy, i.e. liberalism, libertarianism, utilitarianism, communitarianism. The aim of the contribution is to recognize socially unjust parts of the social insurance legislation, calling for legislative amendment, and to produce socially just legislative solutions, which have the power to reduce the gap between the law and social justice. The analysis, which mainly focuses on compulsory health and compulsory, first-pillar pension insurance, is grounded in predetermined conditions for eligible (income) redistribution within the social insurance system serving as social justice analysis criteria. They are fore and foremost, derived from John Rawls's liberal egalitarian theory of justice (Justice as Fairness), coupled with that of Ronald Dworkin (equality of resources), Robert Nozick's entitlement theory of justice, and basic assumptions of academic communitarianism and utilitarianism.

15.05.2023