Does The Law Morally Bind The Poor Or What Good S The Constitution When You Can T Buy A Loaf Of Bread

Consider the horror we feel when we learn of a crime such as that committed by Robert Alton Harris, who commandeered a car, killed the two teenage boys in it, and then finished what was left of their lunch. What we don't consider in our reaction to the depravity of this act is that, whether we morally blame him or not, Robert Alton Harris has led a life almost unimaginably different from our own in crucial respects. In Does Law Morally Bind the Poor? or What Good's the Constitution When You Can't Buy a Loaf of Bread?, author R. George Wright argues that while the poor live in the same world as the rest of us, their world is crucially different. The law does not recognize this difference, however, and proves to be inconsistent by excusing the trespasses of persons fleeing unexpected storms, but not those of the involuntarily homeless. He persuasively concludes that we can reject crude environmental determinism without holding the most deprived to unreasonable standards.

Wright (law, Cumberland School of Law, Samford U.) traces the basic legal and political implications of life for the desperately poor, arguing that the law fails to recognize the special circumstances of the severely deprived. He explores the Constitution as it is applied to the poor in our society, and advocates rejecting environmental determinism without holding the poor to unreasonable standards. Annotation copyright by Book News, Inc., Portland, OR

Tropman examines American values and the two groups that threaten those values. One might wonder why, in the world's wealthiest society, do the poor seem so stigmatized. Tropman's answer is that they represent potential and actual fates that create anxiety within the dominant culture and within the actual poor themselves. The response in society is hatred of the poor, he contends, and among the poor themselves, self-hatred. Two groups of poor are analyzed. The status poor—those at the bottom of America's money, deference, power, education, or occupation (and combinations of those). The status poor embody the truth that, in the land of opportunity, not all succeed. The elderly are the life cycle poor. They are deficient of future, and in the land of opportunity, to have one's own life trajectory circumscribe hope is a condition that must be denied. Poorhate is a classic example of blame the victim. Tropman explores the process of poorhate through data from the 1960s and 1970s, and he uses the past to illuminate the probelms of the present, and, hopefully, to assist in crafting a better future. A provocative work for students and scholars of social welfare policy and policymakers themselves.

A comprehensive survey of the current state--and future direction--of heterodox economic thought

Americans seem increasingly disenchanted with their legal system. In the wake of several high-profile trials, America's faith in legal authority appears profoundly shaken. And yet, as David Ray Papke shows in this dramatic and erudite tour of American history, many Americans have challenged and often rejected the rule of law since the earliest days of the country's founding. Papke traces the lineage of such legal heretics from nineteenth-century activists William Lloyd Garrison and Elizabeth Cady Stanton, through Eugene Debs, and up to more recent radicals, such as the Black Panther Party, anti-abortionists, and militia members. A tradition of American legal heresy clearly emerges--linked together by a body of shared references, idols, and commitments--that problematizes the American belief in legal neutrality and highlights the historical conflicts between law and justice. Questioning the legal faith both peculiar and essential to American mythology, this alternative tradition is in itself an overlooked feature of American history and culture.

The Constitution of the United States, writes Bryan Fair, was a series of compromises between white male propertyholders: Southern planters and Northern merchants. At the heart of their deals was a clear race-conscious intent to place the interests of whites above those of blacks. In this provocative and important book, Fair, the eighth of ten children born to a single mother on public assistance in an Ohio ghetto, combines two histories--America's and his own- -to offer a compelling defense of affirmative action. How can it be, Fair asks, that, after hundreds of years of racial apartheid during which whites were granted 100% quotas to almost all professions, we have now convinced ourselves that, after a few decades of remedial affirmative action, the playing field is now level? Centuries of racial caste, he argues, cannot be swept aside in a few short years. Fair ambitiously surveys the most common arguments for and against affirmative action. He argues that we must distinguish between America in the pre-Civil Rights Movement era--when the law of the land was explicitly anti-black--and today's affirmative action policies--which are decidedly not anti- white. He concludes that the only just and effective way in which to account for America's racial past and to negotiate current racial quagmires is to embrace a remedial affirmative action that relies neither on quotas nor fiery rhetoric, but one which takes race into account alongside other pertinent factors. Championing the model of diversity on which the United States was purportedly founded, Fair serves up a personal and persuasive account of why race-conscious policies are the most effective way to end de facto segregation and eliminate racial caste. Table of Contents A Note to the Reader Acknowledgments Preface: Telling Stories Recasting Remedies as Diseases Color-Blind Justice The Design of This Book Pt. 1. A Personal Narrative Not White Enough Dee Black Columbus Racial Poverty Man-Child Colored Matters Coded Schools Busing Going Home Equal Opportunity The Character of Color Diversity as One Factor The Deception of Color Blindness Pt. 2. White Privilege and Black Despair: The Origins of Racial Caste in America The Declaration of Inferiority Marginal Americans Inventing American Slavery The Road to Constitutional Caste Losing Second-Class Citizenship Reconstruction and Sacrifice Separate and Unequal The Color Line Critiquing Color Blindness Pt. 3. The Constitutionality of Remedial Affirmative Action The Origins of Remedial Affirmative Action The Court of Last Resort The Invention of Reverse Discrimination The Politics of Affirmative Action: Myth or Reality? Racial Realism Eliminating Caste Afterword Notes Index

This book asks whether officials can be moral and still follow the law, answering that the law requires them to do so.

This tightly edited volume contains the finest, highly accessible articles in the fast-growing legal genre of critical race theory--a field which is changing the way this nation looks at race, challenging orthodoxy, questioning the premises of liberalism, and debating sacred wisdoms. Including treatments of two new, exciting topics--Critical Race Feminism and Critical White Studies--this volume is truly on "the cutting edge." Questions for discussion and reading suggestions after each part make this volume essential for those interested in law, the multiculturalism movement, political science, and critical thought. In this wide-ranging second edition, Richard Delgado and Jean Stefancic bring together the finest, most illustrative, and highly accessible articles in the fast-growing legal genre of Critical Race Theory. In challenging orthodoxy, questioning the premises of liberalism, and debating sacred wisdoms, Critical Race Theory scholars writing over the past few years have indelibly changed the way America looks at race. This edition contains treatment of all the topics covered in the first edition, along with provocative and probing questions for discussion and detailed suggestions for additional reading, all of which set this fine volume apart from the field. In addition, this edition contains five new substantive units--crime, critical race practice, intergroup tensions and alliances, gay/lesbian issues, and transcending the black-white binary paradigm of race. In each of these areas, groundbreaking scholarship by the movement's founding figures as well as the brightest new stars provides immediate entry to current trends and developments in critical civil rights thought. Author note: Richard Delgado, Jean Lindsley Professor of Law at the University of Colorado at Boulder, is one of the founding members of the Conference on Critical Race Theory. Winner of the Association of American Law Schools' 1995 Clyde Ferguson Award for outstanding law professor of color, he is the author of over 100 articles in the law review literature on civil rights and of several books, including Failed Revolutions, Words that Wound, and The Rodrigo Chronicles. Jean Stefancic, Research Associate in Law at the University of Colorado, is the author of leading articles and books on Critical Race Theory, Latino/a scholarship, and social change, including No Mercy: How Conservative Think Tanks and Foundations Changed America's Social Agenda (Temple).