ADAPTING WELFARE LAW TO SOCIAL CHANGE: RETHINKING SOCIAL PROTECTION IN THE 21ST CENTURY
ADAPTING WELFARE LAW TO SOCIAL CHANGE: RETHINKING SOCIAL PROTECTION IN THE 21ST CENTURY

Summary/Abstract: Contemporary welfare states are increasingly challenged by profound social and economic transformations that question the adequacy of traditional welfare legislation. Labor market flexibilization, the expansion of non-standard and platform-based work, demographic aging, and growing care responsibilities have reshaped social risks, while welfare law remains largely anchored in employment-centered and status-based assumptions that are no longer relevant. This study argues that the resulting mismatch between social realities and legal categories generates new forms of exclusion and undermines the redistributive and protective functions of the welfare state. Adopting a socio-legal perspective, this paper examines the historical legal foundations of welfare law and identifies key tensions arising within contemporary social protection systems, particularly regarding coverage, access to benefits, and the fragmentation of social rights. It highlights how existing legal frameworks struggle to reconcile flexibility with legal certainty and market efficiency with social justice. This study further explores emerging legal responses aimed at adapting welfare law to new social risks, including the expansion of worker definitions, recognition of care and unpaid labor, and the development of universal and minimum income schemes. It contends that adapting welfare law is not merely a matter of policy innovation but a legal necessity, grounded in the principles of equality, human dignity, and social justice. Ultimately, this study calls for a rethinking of welfare law that balances institutional continuity with legal innovation to sustain inclusive and legitimate systems of social protection in the twenty-first century.

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