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Work-family balance : subtitle rethinking the rights and responsibilities of Canadian social citizenship Kershaw, Paul W. 2002

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WORK-FAMILY BALANCE: R E T H I N K I N G T H E RIGHTS A N D RESPONSIBILITIES  OF C A N A D I A N SOCIAL  BY PAUL W.  KERSHAW  B . A . , M C G I L L UNIVERSITY, 1997  A THESIS SUBMITTED I N P A R T I A L F U L F I L M E N T OF THE REQUIREMENTS FOR THE D E G R E E OF D O C T O R OF P H I L O S O P H Y IN T H E F A C U L T Y OF G R A D U A T E STUDIES I N D I V I D U A L INTERDISCIPLINARY STUDIES G R A D U A T E P R O G R A M (POLITICAL S C I E N C E , L A W A N D E C O N O M I C S )  W E A C C E P T THIS THESIS A S C O N F O R M I N G TO T H E REQUIRED S T A N D A R D  T H E U N I V E R S I T Y OF BRITISH C O L U M B I A JULY 2002 © P A U L W . KERSHAW, 2002  CITIZENSHIP  In  presenting  degree  this  thesis  in partial  fulfilment  at the University of British Columbia,  of the requirements  for an advanced  I agree that the Library shall make it  freely available for reference and study. I further agree that permission copying  of this thesis  department  or  by  publication of this  for scholarly  his  or  thesis  her  purposes  may be granted  representatives.  It  is  for extensive  by the head  understood  that  for financial gain shall not be allowed without  of my  copying  or  my written  permission.  Department of  //Ufr / t/mgrfz_ /A)/&r?7jj<r^/si)rfi>r Y (n^/^C/^S  The University of British Columbia Vancouver, Canada  Date  DE-6 (2/88)  Atfat/<>r  /S~  <£h/&/^  ABSTRACT The work of T.H. Marshall teaches that citizenship is inadequately theorized i f only its formal legal dimension is appreciated. Equality before the law does not guarantee all persons the ability to benefit from legal entitlements since unequal social and economic conditions limit for some the opportunities to exercise their civil and political liberties. Full citizenship status therefore rests critically on what Marshall termed citizenship's "social element," which is concerned with the socio-economic resources and opportunities that are preconditions for dignified inclusion. The development of the social element of citizenship in Canada following World War II is the subject of this dissertation. I argue that the central problem in fulfilling the promise of social citizenship is the failure of the welfare state to integrate adequately in institutional form citizenry aspirations and obligations associated with unpaid caregiving. The remedy to this problem rests on incorporating care into the meaning of citizenship by enhancing public commitments to facilitate work-family balance for citizens regardless of sex, race, class and other differences. New commitments to work-family balance would institutionalize an understanding of social inclusion that values the provision of care in one's network of domestic relations on par with participation in the marketplace and political arena. The necessary institutional reordering would ensure that public policy no longer distorts how unpaid caregiving is a civic virtue on which the sustainability of market and state practices relies by systemically disobliging men to care. Nor would policy continue to obfuscate the barriers to full community membership that the patriarchal division of care labour presents for diverse groups of women. The dissertation defends four key policy changes: (i) a revised parental leave system that would reserve some benefits exclusively for fathers; (ii) universal child care; (iii) revised employment standards that would enforce shorter full-time paid work norms; and (iv) a restructured Caregiver tax credit to replace the current Spousal credit. I argue that these changes can mitigate key sources of gender inequality, as well as partially address declining real male wages and the resultant rising poverty among families with young children, earnings inequality and persistent levels of high un(der)employment.  ii  T A B L E OF CONTENTS Abstract Table of Contents List of Tables..... Acknowledgments Dedication  ii iii v vi vii  Chapter 1: Introduction 1. The post-war model of social citizenship 2. Neoconservative restructuring dismantled and replaced the post-war welfare regime 3. Feminist, neoconservative and other literature on social citizenship 4. The scope of the dissertation 5. Dissertation overview  1 5 11 19 35 38  Parti  :  41  Chapter 2: Social Citizenship - The Dominant Post-War Paradigm 1. Marshall on the social rights of citizenship 2. Rawls's on full membership in society 3. The dominant post-war construction of social citizenship  42 46 56 66  Chapter 3: Feminist Critiques of the Post-War Welfare Regime 1. The dominant post-war ideology of 'citizen-mothers' 2. The race and class underpinnings of post-war motherhood ideology 3. The post-war regime institutionalized an inadequate understanding of domesticity 4. The impact of feminist critiques on post-war restructuring  88 91 104 112 116  Chapter 4: Neoconservative Critiques of Post-War Welfarism 1. Neoconservative state restructuring 2. The social conservative critique of post-war welfare 3. Economic conservative critiques of post-war welfare dominated state restructuring 4. The divide between economic conservatism and third way politics  124 128 135 145 158  Partn  174  Chapter 5: The Post-Industrial Transition 1. Structural unemployment 2. Wage conditioning 3. Polarization in the distribution of paid work time  175 180 191 196  Chapter 6: The Post-Traditional Familial Transition 1. The individual responsibility model of the family 2. The neoliberal model of social citizenship is androcentric 3. The hegemony of the female caregiver model 4. Costs imposed by the patriarchal division of care labour in unpaid contexts 5. Costs imposed by the patriarchal division of care labour in market contexts 6. Returning to a gender-differentiated model of citizenship is not a remedy  220 223 227 229 234 246 255  iii  Part EI  261  Chapter 7: Work-Family Balance: Integrating Care into a New Conceptual Framework for Social Citizenship 1. The dialogical character of agency 2. Work-family balance captures in policy the nuances of the dialogical thesis  262 266 276  Chapter 8: The Politics of Time 295 1. A policy blueprint for the new work-family balance welfare regime 297 2. Restructuring the patriarchal gender order 306 3. Broadening the analytical boundaries associated with work-family balance 322 4. Impediments to implementing in Canada policies adopted by unitary governments in social democratic and corporatist states 329 Chapter 9: Rethinking Taxation of Dependency and Caregiving 1. Flat taxes and 'family' taxation 2. The tax treatment of spousal dependency 3. A revised caregiver credit to replace the spousal credit 4. Evaluating the C C E D  340 343 352 359 372  Conclusion: Work-Family Balance: A Legitimate Citizenry Expectation  385  Bibliography Key Legislation Cited Cases Cited  396 425 426  iv  LIST OF T A B L E S Table 1: Polarization in Distribution of Paid Work Time Table 2: The Impact of the Alliance Flat Tax for One- and Two-Earner Couples Table 3: Who Gains and Who Losesfromthe Proposal to Replace the Spousal Credit  v  203 345 371  ACKNOWLEDGMENTS I am indebted to so many people who supported me during my academic development and the production of this dissertation. Many thanks are owed to the members of my supervisory committee: Barbara Arneil, Claire Young, and Jon Kesselman at the University of British Columbia, and Kathy Teghtsoonian at the University of Victoria. My supervisors demonstrated patience,flexibilityand grace working with a graduate student who did not (want to?) fit into one set of disciplinary boundaries. While their doors were always open whenever I asked for guidance, they also showed considerable trust in my ability to work independently to reconstruct a dialogue from their respective expertises. Rhodri Windsor-Liscombe's unending passion for interdisciplinarity and his commitment to students has single-handedly sustained the IISGP at UBC without which I could not have pursued the project examined in this dissertation. Although 'publish or perish' indicates the path to success in academia, my research has been fundamentally shaped by some professors who also took the time to develop superb courses. This dissertation draws significantly on what I learnedfromDavid Kahane's course "Justice and Cultural Diversity in Contemporary Canadian Political Theory, which he taught while a sessional at McGill; Susan Dwyer's course at McGill "Feminist Epistemology;" and Susan Boyd's course at UBC "Feminist Legal Theory: Key Themes and Current Debates." All three professors have a rare skill in facilitating seminars that allow students to participate regularly while ensuring the discussion develops in a coherent, productive manner. The members of my Foundations Teaching Team, particularly David Green, Kathy Harrison and John Russell, provided a weekly opportunity to examine questions of inequality in an interdisciplinary context that enriched my research for the past two years. I wish to express special thanks to David who took on the role as an unofficial economics supervisor byfieldingquestions regularly during the walk back to his office. The Equality, Security, Community (ESC) project provided an important scholarly community for me at UBC and I appreciate the many presenters at its colloquia and conferences whose work I draw on throughout the dissertation. The ESC project, SSHRC and UBC also provided financial support that subsidized the time necessary to complete my Ph.D. Beyond the world of academia, I am beholden to a network of family and friends too numerous to name who helped me withstand the endurance test that is a dissertation. Some relationships stand out. I am obliged to my parents, particularly my mother, who provided thefinancialand care resources that fostered my personal development, and I remain thankful that they all continue to contribute significantly to the dialogue that shapes my sense of self as an adult. The members of my research group, Bryn, Carol and Deb, combated the isolation of a home office by providing a regular forum to share thefrustrationsand rewards of graduate research. Special thanks go to Deb for helping me to interpret my dreams. Simone and Mike never failed to show genuine interest in my thesis and gave me a chance to examine ideas while relaxing over a drink. They also represent an inspiring spousal relationship that influenced my thinking about workfamily balance and illuminated the importance of time rhythms. Brian is thefirstfriendthat I learned to trust unconditionally and his visits with Christine have been critical for sustaining my mental equihbrium. Finally, I know not the words (which will not surprise her) to describe the debt I owe my partner Andrea. I marvel at her strength of will, which fuels my own, as well as the subtlety of her intellect that iUuminates the nuances of scholarly texts and, more importantly, my lived experience. No other person's writing or thinking has factored more prominently in shaping my own, in part because she helped me understand that "it's in the details."  vi  DEDICATION  For my grandmothers.  vii  CHAPTER 1  INTRODUCTION Citizenship articulates the terms of belonging in a society. It distinguishes who is and who is not a full member of the community and defines the entitlements and obligations that accompany membership. Major social institutions such as the constitution and the principal economic and social arrangements in a society engender and enforce citizenry rights and responsibilities that regulate individual participation in domestic, market, civic and political spheres while also setting constraints on state power (Jenson 1997, 628; Marshall 1964, 71-72; Rawls 1971, 7). The work of T.H. Marshall (1964, 65-122) following World War II teaches that citizenship is inadequately theorized i f only its formal legal dimension is appreciated.  The  capacity to participate fully in society and to affect its political decisions is not simply a question of the range of political and civil rights that empower members. Equality before the law does not guarantee all persons the practical ability to invoke and benefit from legal entitlements since unequal social and economic conditions limit for some the opportunities to exercise their civil and political liberties (ibid., 88). Full community membership therefore also rests critically on 1  what Marshall (ibid., 72) termed the "social element" of citizenship that is concerned with the social and economic resources and opportunities that are preconditions for dignified inclusion and the pursuit of self-selected commitments. Recognition of the social dimension of citizenship implies that extension of full membership status to historically excluded groups is a socio1  For instance, Marshall (1964, 88) argues that: civil rights... confer [only] the legal capacity to strive for things one would like to possess but do not guarantee the possession of any of them. A property right is not a right to possess property, but a right to acquire it, i f you can, and to protect it, i f you can get it. But, i f you... explain to a pauper that his property rights are the same as those of a millionaire, he will probably accuse you of quibbling. Similarly, the right to freedom of speech has little real substance, i f from lack of education, you have nothing to say that is worth saying, and no means of making yourself heard i f you say it. But these blatant inequalities are not due to defects in civil rights, but to lack of social rights.  1  economic process in addition to a political-legal one.  The state contributes to this socio-  economic process by exercising public authority to shape market, family and other community practices to mediate the distribution of opportunities and resources (ibid.; Rawls 1971, 7). The years immediately following the Second World War witnessed  substantial  strengthening of the commitment to the social dimension of citizenship demonstrated by Western nation-states.  Internationally, the 1948 Universal Declaration of Human Rights recognized 2  economic, social and cultural rights. For instance, Article 22 establishes that everyone as a member o f society, has the right to social security and is entitled to realization, through national effort and international cooperation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his [sic] dignity and the free development of his [sic] personality.  Schabas (2000, 190) summarizes the five Articles that follow in the Declaration, which identify in greater detail: the rights to work, to free choice of employment, to just and favourable conditions of work, to protection against unemployment, to equal pay for equal work, to just and favourable remuneration, to other means of social protection, to form and to join trade unions, to rest and leisure, to reasonable limitation of working hours and periodic holidays with pay, to an adequate standard of living including food, clothing, housing and medical care and necessary social services, to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood, to free and compulsory education, and to participation in the cultural life of the community and to enjoyment of the arts.  This international effort to acknowledge and protect citizenship's social element was consistent with domestic trends throughout  Western capitalist nations, which saw the  introduction and expansion of state institutions predominantly concerned to foster and redistribute social well-being. These developments built upon the work of Marshall and other contemporaries such as Beveridge (1942) in Britain and Marsh (1975/1943) in Canada who defended the position that citizenship must entail social as well as civil and political rights. In this dissertation I focus on the development of Canada's commitment to social citizenship following World War II, although the analysis is also germane to other liberal welfare regimes 2  G A Res. 217 (III), U N G A O R , 3d Sess., Supp. No. 13, U N Doc. A/810 (1948) 71.  2  identified by Esping-Anderson (1990, 26-27) including the United States, Australia and Great Britain. The principal thesis of the dissertation is that the central problem in fulfilling the promise of social citizenship since the Second World War is the failure of the welfare state to integrate adequately in institutional form citizenry aspirations and obligations associated with informal, unpaid caregiving. While the problem was first constructed by social policy in the three decades immediately following World War II, the dissertation is primarily concerned with the contemporary welfare state and engages with factors that contributed to state restructuring in Canada since 1980 to guide its investigations. In the current context, the remedy to the central problem addressed in this dissertation rests on incorporating care into the meaning of citizenship by enhancing public commitments to facilitate work-family balance for all citizens regardless of sex, race, class and other differences.  New commitments to work-family balance would  institutionalize an understanding of dignified social inclusion that values the provision and receipt of care in one's network of domestic relations on par with participation in the marketplace and political arena, reorganizing arrangements between the state, market and family accordingly.  The necessary institutional reordering would ensure that policy in Canada no  longer overlooks how care performed in the domestic sphere can express a commitment to relationships that form the basis for any sense of family and community belonging. Nor would the welfare state continue to distort how unpaid caregiving is a civic virtue on which the sustainability of market and public policy relies by systemically disobliging men to care, while obfuscating the barriers to full social membership that the patriarchal division of care labour presents for diverse groups of women.  3  The analytical approach in this dissertation is interdisciplinary, an approach that is suggested by the nature of social citizenship. Institutionalization of this dimension of citizenship in the early post-war era represented the political appropriation of insights from moral theory. I therefore draw on the works of moral philosophers and political and social theorists to discern some of the motivations underlying post-war social citizenship commitments, and I return to their work when developing the theoretical underpinnings of an alternative citizenship framework that integrates care into its meaning. As the embodiment of theory, social citizenship practices are constituted in part by the ideological, social, economic and political realities of the day, rendering research by economists, political scientists, sociologists and others relevant for interpreting the cultural deployment of moral theory in public institutions in the decades following World War II. Insofar as social citizenship entitlements are instantiated by a broad range of policies, the social element of citizenship is also the domain of legal scholars and policy analysts across academic disciplines. For this reason, I rely on the expertise of legal and policy scholars who employ a range of intellectual frameworks to explore some of the labour market, family, social service and taxation policy consequences implied by the alternative blueprint for social citizenship that I develop. Capitalizing on this interdisciplinary approach, I defend the central thesis of the dissertation by advancing three arguments. First, the early post-war era created a new model of citizenship across the country, organizing major social institutions around a stronger, but still limited, appreciation for the social and economic preconditions of full community membership. The post-war citizenship regime was inadequate due to its androcentrism and its failure to acknowledge fully the welfare potential of the domestic sphere and labour market.  These  inadequacies were exacerbated over time by post-industrial and post-traditional structural shifts.  4  Second, neoconservative restructuring since roughly 1980 has generated a new citizenship regime.  This regime offers a number of important insights into social citizenship, but it is  ultimately an impoverished alternative to the post-war model for several reasons, including that it re-institutionalizes an androcentric policy orientation.  Third, select points of convergence  between some feminist and neoconservative critiques of the post-war welfare state suggest that work-family balance is a sufficiently broad analytic concept on which to develop an alternative framework for social citizenship better suited to the part