Rethinking the Welfare State: The prospects for ... - e-Library

Notes 238
86 Albert Klijn, “The Dutch 1994 Legal Aid Act as a new incentives structure” (1998),
available at: http://faculty.law.ubc.ca/ilac/Papers/12%20Klijn.html, p. 5.
87 Ibid., p. 6.
88 Ibid.
89 Ibid.
90 Peter van den Biggelaar, “Legal aid in the Netherlands” (1998), available at:
http://faculty.law.ubc.ca/ilac/Papers/01%20biggelaar.html, p. 1.
91 Ibid., p. 1.
92 Martin Friedland, “Governance of legal aid schemes,” Ontario Legal Aid Review, supra note
55.
93 Ibid., p 1067.
94 Ibid.
95 Ibid., p. 1068.
96 Ibid., pp. 1031–2.
6
Health care
1 World Health Organization, Charter (New York: World Health Organization, 1974).
2 See John Rawls, A Theory of Justice (Cambridge, MA: Harvard University Press, 1971).
3 The concern for the necessary conditions for free choice is one of the principal features that
distinguish liberalism (of, say, John Rawls, supra note 2) and Ronald Dworkin, Taking
Rights Seriously (Cambridge, MA: Harvard University Press, 1976) from libertarianism (of,
say, Robert Nozick, Anarchy, State and Utopia) (New York: Basic Books, 1974).
4 John Rawls, supra note 2, argues that a liberal theory of justice demands that any inequalities
in a social framework must work to the advantage of the least well off (the difference
principle) and that the necessary conditions for autonomous choice are guaranteed for all.
5 At least, those disadvantages that are the result of poor health which does not, itself, result
from unwise choices made by the individuals themselves. There might be an argument for
the provision of health care services to those who have suffered as a result of their own poor
choices, but it will be of a different kind.
6 See R.G.Evans, M.L.Barer and T.R.Marmor (eds) Why Are Some People Healthy and Others
Not?: The Determinants of the Health of Populations (New York: Aldene De Gruyter,
1994).
7 See e.g. Garlarsillio v.Schocter 2 S.C.R. 119 (1993), p. 135.
8 G.F.Anderson and J.P.Poullier, “Health spending, access, and outcomes: trends in
industrialized countries,” Health Affairs, 18(3) (1999), p. 179.
9 Sherry Glied, Chronic Condition: Why Health Care Reform Fails (Cambridge, MA: Harvard
University Press, 1997), p. 5.
10 Anderson and Poullier, supra note 8.
11 For a detailed analysis of health care spending trends in the OECD member countries see
Anderson and Poullier, supra note 8, pp. 178–92. See also S.Smith et al., “The next decade
of health spending: a new outlook,” Health Affairs, 18(4) (1999), pp. 86–95.
12 Ibid.
13 R.Grad, “Health care reform in Canada: is there room for efficiency?,” Health Law in
Canada, 20(2) (1999), p. 17.
14 Colleen Flood, International Health Care Reform: A Legal, Economic and Political Analysis
(London and New York: Routledge, 2000), p. 16.
15 Anderson and Poullier, supra note 8, p. 188.