Poverty and Law

Catalog description

The concept of social justice is defined, in large measure, by how the legal system treats the poorest, least educated or most frail citizens, and addresses (or fails to address) their needs. Achieving a measure of social justice through the law can have a profound effect on the poor and upon society at large; some efforts at social justice can have an immediate and personal affect; other social justice efforts may not bear fruit for years or generations. This class will explore the concept of poverty and social justice within the legal system, taught by a practicing attorney who is the Pre-Law Advisor at Le Moyne College, with a special emphasis on the root causes of poverty, and how the legal system confronts, changes or contains those problems. Initially, in order to develop a definitional context within which to analyze the success or failure of social justice efforts for and on the poor, the class will study key classic concepts of justice in legal jurisprudence, including natural law, positive law, utilitarianism, legal realism, and normative theory. Also addressed throughout the course will be the interactive roles of the judicial, legislative and executive branches of Federal and state government in identifying and addressing issues of poverty and economic inequality in a pluralistic democracy. The class will study selected fact patterns and cases that illustrate the complexities of accomplishing social justice through the legal system in the context of poverty, including issues of race, gender, education, age, and disability. Emphasis will be on identifying the underlying specific problem(s), the target population in need, the steps required to address the problem(s), and intended (or unintended) effects upon the poor themselves and/or society at large when such corrective steps are finally undertaken and completed.