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Novelists and jurists from the dawn of social thought have remarked on unequal justice for the poor, but the Enlightenment laid a foundation in Western societies for modern and postmodern examination of the relationship between law and poverty as a social problem. The Enlightenment emphasized individual merit, equality, and the material foundation for social relations, while deemphasizing relationships between social status, religion, and law. The latter may still influence Western thought—perhaps more so in a period of conservative retrenchment and fundamentalist revival—although they have been displaced as modes of analysis by empirical methods that reflect the Enlightenment impulse to understand and change the world. The subject of law and poverty has a rich empirical literature, but the emphasis here is primarily on the work of United States scholars writing about the social meaning and effects of law.

Economic Inequality

Sociolegal research on poverty reflects scholars' differing perspectives on the relationship between economic inequality and law. Economic inequality has always created a dilemma for sociolegal scholars, particularly in the United States. Early U.S. sociolegal research was embedded in the values of liberal legalism and the perspectives of American social science. Although sociolegal scholarship often criticizes liberal legalism, the latter has strongly influenced the former. Liberal legalism accepts the legitimacy of economic inequality and simultaneously maintains that equal justice is achievable. Because economic inequality is morally acceptable, there is a presumption that legal inequities are transient, that law can be insulated from social differences, and, at the same time, that many policies creating or preserving economic differences are legitimate. As a result, injustice caused by morally condemned extremes of poverty has been an easier target for sociolegal scholars than class inequalities sustaining the economic core of capitalism.

Furthermore, the pragmatism of the Chicago School of Sociology shaped American social science from its early stages; the Chicago School turned away from European social theories of class according to which poverty and class conflict are inevitable by-products of unregulated capitalism. Chicago sociology embraced a perspective more consistent with the faith that America is a classless society, conceiving of poverty as a product of transient social disorganization, dysfunction, and individual failure, while the forces of the market were considered an inevitable, indeed foundational, aspect of American society. This perspective underlies the many studies of law and poverty that focus on differences between the poor and the mainstream and on how law matters to poor individuals—their perceptions of law, legal capacities, and experiences with the legal system and its culture.

Critical Perspectives

If sociolegal studies of law and poverty have been swept along by the tide of development in American social science, those studies have also kept alive critical perspectives, growing from legal realism, and later strengthened by the contributions of the critical legal studies movement. According to these perspectives, legal inequality has political, economic, and social roots in the relationship between the social positions in society that benefit from a capitalist economy and those that are exploited to yield these benefits. According to this relational perspective, poverty arises from systemic sources, and poverty policy inevitably reflects conflict between groups with different political and economic interests. Few sociolegal studies fully articulate the relational underpinnings of legal inequality or pursue its implications. Yet many important sociolegal studies validate the relational theory of law and economic inequality.

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