5.1 Introduction

We have seen some of the difficulties that Mrs Biggs has faced when formulating a sufficiently general and sufficiently specific rule to deal with the conduct of the visitors to her garden. In Part D we take things a step further by looking at some of the difficulties which may arise when it comes to interpreting rules such as the one developed (with your help) by Mrs Biggs. In particular, we will be exploring the way in which our understanding of the language used in rules affects our interp
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4.3 Summary of Part C

After studying Part C you should be able to:

  • explain the problems associated with formulating rules;

  • identify whether a rule is too specific;

  • identify whether a rule is too general;

  • identify solutions to a problem of rule formulation.

3.1 Introduction

Formal rules do not just appear from nowhere! In this part we will be exploring how such rules are the product of a process of policy making. As an example, we will be using the Irish Government's policy on banning smoking in the workplace, and the law which arose out of this policy. Part B will also provide you with an opportunity to apply some of the reasoning skills you have been developing by applying your understanding of the Irish law to some factual situations.

One of the most ob
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Summary of Part A

After studying Part A you should be able to:

  • describe what is meant by a formal rule;

  • identify a formal rule;

  • describe the problems associated with rule making.

4 Why do social workers need to know about the law?

From our discussion of social work and the meaning of law you will already have some answers to this question. We will now bring them together and relate them to wider debates about the content of the social work curriculum.

We have seen that there are few right answers in social work. However, if practitioners do not know where they stand legally they cannot begin to do their job properly because they will not be able to give appropriate advice and support to service users. They will a
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3.3 How is law made?

If you believe that laws are unjust in some way – perhaps because you regard them as being in conflict with our natural rights or consider that the rights they bestow do not adequately serve our interests – that does not alter their status as laws. The content of the law is decided by recognised law-making bodies in accordance with the rules of the constitution and the remedy for ‘unjust’ laws in a liberal democracy like the UK is to campaign to change them via the democratic pro
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3.1 The idea of law

As with social work, our ideas about law are shaped through a series of images and encounters, and these affect our expectations of law as an area of study. They also have an impact on our reaction to legal intervention, which we have seen is relevant to social work practice.

Figure 1
(© Scottish Consumer Coun
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Acknowledgements
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
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4 Why do social workers need to know about the law?
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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3.3 How is law made?
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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3.2 Law in action vs law in books
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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2.3 Social work and social change
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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2.2 Finding out about social work
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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Learning outcomes
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
Author(s): The Open University

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Introduction
Social work is a dynamic profession that is undergoing a period of significant change in Scotland. Social workers have the power to make assessments and decisions that radically alter people's lives. This unit introduces the law as it relates to social work and encourages an understanding of the context of the law in order to make sound decisions.
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5 Review of the learning outcomes

This unit discussed the meaning of privacy and what a right to privacy protects.

  • Privacy has variously been defined as: the right to be left alone; freedom from interruption, intrusion, embarrassment or accountability; control of the disclosure of personal information; protection of the individual's independence, dignity and integrity; secrecy, anonymity and solitude; the right to protection from intrusion into your personal life.

  • The
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4.4 Summary of part D

  • Article 8 protects the right to respect for private life, family life, home and correspondence.

  • The European Court of Human Rights has used Article 8 to protect the individual against excessive and unregulated police surveillance (Malone v UK, 1984; Perry v UK, 2003); interference with an individual's correspondence (Foxley v UK, 2001; Halford v UK, 1997); and state intrusion into the individual's sexual practice
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4.2 The protection of private interests in public places

Thus far we have seen how the European Court of Human Rights has used the right to a private life to protect individuals from excessive police surveillance, interception of their private correspondence and interference with their private sexual practices. Almost everyone must live partly in public, and private interests need protection in public places as well as on private property. In the Naomi Campbell case, the House of Lords acknowledged that in certain circumstances there may be a reaso
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4.1 The right to privacy and the state

The European Convention on Human Rights impacts upon legal rules in the UK. The European Convention protects a series of fundamental human rights. All final judgments of the European Court of Human Rights are binding on the state involved. In other words, the UK is expected to change the law to accommodate the rulings of the European Court of Human Rights. In Part D we will examine the right to privacy as enshrined in the European Convention on Human Rights and consider how the European Court
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