Toward a Demosprudence of Poverty

56 Pages Posted: 19 Jun 2020

See all articles by Monica C. Bell

Monica C. Bell

Yale University - Law School

Stephanie Garlock

Yale University, Law School, Students

Alexander Nabavi-Noori

Yale University, Law School, Students

Date Written: April 1, 2020

Abstract

This Article describes the rift between a due-process-focused jurisprudence on legal–financial obligations—the centerpiece of the current fight against criminalization of poverty—and the substantive and structural problems of poverty criminalization. It argues that judges can help address this disconnect while still operating within the scope of their authority by engaging in a demosprudence of poverty— “a democracy-enhancing jurisprudence” that actively seeks to learn from poor people themselves and movements for economic justice. This Article builds from demosprudential theory to offer guidance for judges in their reason-giving, rulemaking, and courtroom management practices.

Keywords: demosprudence, poverty, judges, courts, criminalization, fines, fees, due process, equal protection, social movements

Suggested Citation

Bell, Monica C. and Garlock, Stephanie and Nabavi-Noori, Alexander, Toward a Demosprudence of Poverty (April 1, 2020). Duke Law Journal, Vol. 69, 2020, pp. 1473-1528. Available at SSRN: https://ssrn.com/abstract=3611001

Monica C. Bell (Contact Author)

Yale University - Law School ( email )

P.O. Box 208215
New Haven, CT 06520-8215
United States

Stephanie Garlock

Yale University, Law School, Students ( email )

127 Wall Street
New Haven, CT 06511
United States

Alexander Nabavi-Noori

Yale University, Law School, Students ( email )

127 Wall Street
New Haven, CT 06511
United States

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