Seeking the Common Good or Just Making Us Be Good? Recent Amendment to New Zealand's Social Security Law

Victoria University of Wellington Law Review Vol 44, No. 2, pp. 383-402, September 2013

20 Pages Posted: 19 Sep 2014

See all articles by Mamari Stephens

Mamari Stephens

Victoria University of Wellington, Te Herenga Waka - Faculty of Law

Date Written: 2013

Abstract

New Zealand's social security system was born out of a vision of society consistent with a definition of the common good informed, by Christian ethics. The past 30 years, in particular, have seen fierce ideological battles fought between the left and right over the extent, coverage, and generosity of the system. Yet a remnant of the vision of the common good remains, whereby individuals can have some access, by virtue of social security, to the sufficient conditions of social life to be free enough to find some level of fulfilment in that life. However, the freedom to be good, as is also required by a broad understanding of the common good, is under threat within New Zealand's social security law. Social security law asserts a vision, and not a coherent one, of what it means to be good in New Zealand society. Newly minted social obligations in the Social Security Act 1964 go beyond the purposes of the legislation; being unconnected to relieving need, maintaining fiscal prudence, or even seeking paid employment as a means of achieving welfare. These modern moral obligations ensure that beneficiaries' freedom to choose to live life in a way consonant with the common good is frustrated, if not substantially abrogated, striking the wrong balance between the law's protection of individual autonomy and its implementation of social imperatives in pursuit of the common good.

Keywords: Christian ethics, New Zealand social security law, the common good

Suggested Citation

Stephens, Māmari, Seeking the Common Good or Just Making Us Be Good? Recent Amendment to New Zealand's Social Security Law (2013). Victoria University of Wellington Law Review Vol 44, No. 2, pp. 383-402, September 2013, Available at SSRN: https://ssrn.com/abstract=2497765

Māmari Stephens (Contact Author)

Victoria University of Wellington, Te Herenga Waka - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

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