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The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.
A Poverty of Rights examines the history of poor people's citizenship in Rio from the 1920s through the 1960s, the 20th-century period that most critically shaped urban development, social inequality, and the meaning of law and rights in modern Brazil.
With its focus on poverty and welfare in England between the seventeenth and later nineteenth centuries, this book addresses a range of questions that are often thought of as essentially “modern”: How should the state support those in work but who do not earn enough to get by? How should communities deal with in-migrants and immigrants who might have made only the lightest contribution to the economic and social lives of those communities? What basket of welfare rights ought to be attached to the status of citizen? How might people prove, maintain and pass on a sense of “belonging” to a place? How should and could the poor navigate a welfare system which was essentially discretionary? What agency could the poor have and how did ordinary officials understand their respective duties to the poor and to taxpayers? And how far was the state successful in introducing, monitoring and maintaining a uniform welfare system which matched the intent and letter of the law? This volume takes these core questions as a starting point. Synthesising a rich body of sources ranging from pauper letters through to legal cases in the highest courts in the land, this book offers a re-evaluation of the Old and New Poor Laws. Challenging traditional chronological dichotomies, it evaluates and puts to use new sources, and questions a range of long-standing assumptions about the experience of being poor. In doing so, the compelling voices of the poor move to centre stage and provide a human dimension to debates about rights, obligations and duties under the Old and New Poor Laws.
That ‘poor law was law’ is a fact that has slipped from the consciousness of historians of welfare in England and Wales, and in North America. Welfare's Forgotten Past remedies this situation by tracing the history of the legal right of the settled poor to relief when destitute. Poor law was not simply local custom, but consisted of legal rights, duties and obligations that went beyond social altruism. This legal ‘truth’ is, however, still ignored or rejected by some historians, and thus ‘lost’ to social welfare policy-makers. This forgetting or minimising of a legal, enforceable right to relief has not only led to a misunderstanding of welfare’s past; it has also contributed to the stigmatisation of poverty, and the emergence and persistence of the idea that its relief is a 'gift' from the state. Documenting the history and the effects of this forgetting, whilst also providing a ‘legal’ history of welfare, Lorie Charlesworth argues that it is timely for social policy-makers and reformists – in Britain, the United States and elsewhere – to reconsider an alternative welfare model, based on the more positive, legal aspects of welfare’s 400-year legal history.
Awarded "Special Recognition" by the 2018 Robert F. Kennedy Book & Journalism Awards Finalist for the American Bar Association's 2018 Silver Gavel Book Award Named one of the "10 books to read after you've read Evicted" by the Milwaukee Journal Sentinel "Essential reading for anyone trying to understand the demands of social justice in America."—Bryan Stevenson, author of Just Mercy Winner of a special Robert F. Kennedy Book Award, the book that Evicted author Matthew Desmond calls "a powerful investigation into the ways the United States has addressed poverty . . . lucid and troubling" In one of the richest countries on Earth it has effectively become a crime to be poor. For example, in Ferguson, Missouri, the U.S. Department of Justice didn't just expose racially biased policing; it also exposed exorbitant fines and fees for minor crimes that mainly hit the city's poor, African American population, resulting in jail by the thousands. As Peter Edelman explains in Not a Crime to Be Poor, in fact Ferguson is everywhere: the debtors' prisons of the twenty-first century. The anti-tax revolution that began with the Reagan era led state and local governments, starved for revenues, to squeeze ordinary people, collect fines and fees to the tune of 10 million people who now owe $50 billion. Nor is the criminalization of poverty confined to money. Schoolchildren are sent to court for playground skirmishes that previously sent them to the principal's office. Women are evicted from their homes for calling the police too often to ask for protection from domestic violence. The homeless are arrested for sleeping in the park or urinating in public. A former aide to Robert F. Kennedy and senior official in the Clinton administration, Peter Edelman has devoted his life to understanding the causes of poverty. As Harvard Law professor Randall Kennedy has said, "No one has been more committed to struggles against impoverishment and its cruel consequences than Peter Edelman." And former New York Times columnist Bob Herbert writes, "If there is one essential book on the great tragedy of poverty and inequality in America, this is it."
The ability to step outside traditional doctrinal boxes that concentrate on relationships between individuals and government will help not only legal thinkers but every person to reason toward justice.
This book provides a vivid portrait of how the lives of poor people are affected by the judicial system. Drawing from ethnographic observations, court decisions, and other materials, Poor Justice brings readers inside the courts, telling the story through the words and actions of the judges, lawyers, and ordinary people who populate it.
This book seeks to be relevant to the call to address inequalities, injustice, human rights, and social exclusion in a more integrated, holistic, and transformative manner. It seeks to do so by looking at what we have learned in both the development and human rights communities. Further, it addresses fundamental obstacles that neither community has dealt with in this context, such as changing power relations. The book builds on the report of the Commission on Legal Empowerment of the Poor entitled Making the Law Work for Everyone and draws from a wide range of published literature on relevant issues not covered in the report. Calls for holistic and transformative approaches are familiar in development circles, but putting these approaches into practice require a knowledge base beyond that covered in the traditional development literature. The book brings together this diverse literature in one place at a time when the international community is about to embark on a new era of development cooperation commonly referred to as the post-2015 agenda. The subjects covered therefore include a review of successful and unsuccessful approaches to reducing poverty and inequality; life in slums; the informal sector where the majority of the poor live; the legal empowerment of the poor; changing power relations between the haves and the have-nots; and the holistic, sustainable-livelihoods approach, in the development of which, the author has played a lead role.
Collected here are fifteen essays about the severe poverty that today afflicts billions of human lives. The essays seek to explain why freedom from poverty is a human right and what duties this right creates for the affluent. This volume derives from a UNESCO philosophy program organized in response to the first of the Millennium Development Goals (MDGs) adopted by the United Nations General Assembly in 2000: 'to eradicate extreme poverty and hunger'.--Publisher's description.