The Law and Expressive Meaning of Condemning the Poor After Kelo

Author(s):  
David A. Dana
Keyword(s):  
The Poor ◽  
Legal Theory ◽  
1999 ◽  
Vol 5 (1) ◽  
pp. 75-99
Author(s):  
Andrew Altman

Recently, legal and social thinkers have turned to the idea that actions possess a nonlinguistic meaning, called “expressive meaning.” In this article I examine the idea of expressive meaning and its role in legal reasoning. My focus is on a series of U.S. Supreme Court cases involving constitutional challenges to election districts drawn on the basis of race. The Supreme Court used the idea of expressive meaning in striking down the districts. After explicating the idea of expressive meaning, I explain and criticize the Court’s reasoning. I distinguish the approach of Justices Thomas and Scalia, who hold that all uses of race in districting do constitutional harm, from that of Justice O’Connor, who distinguishes uses of race that do constitutional harm from those that do not. I contend that Justice O’Connor is right to make the distinction but she draws the line using a questionable standard. A more defensible standard would be more accommodating to the districts that the Court invalidated.


1967 ◽  
Vol 2 ◽  
pp. 118-125
Author(s):  
Carl Diehl

Man's life is predetermined by Karma. The deeds of an earlier existence bear their fruits in the present life. That is why the poor man is poor and the rich is happy with his wealth and good fortune. One man is born a brahman and another spends his days as a pariah. The law of Karma has spread in the wake of Buddhism all over the Indian continent and far beyond, whereas its complement and presupposition Samsara for the most part appears as an intellectual conception with little foundation in popular belief. But Karma is not blind. On the contrary it is absolutely just, and for that very reason inescapable. This is, however, modified in so far as good deeds are both possible and profitable. The fatal consequences of the Karma of previous births end with this span of existence. Life hereafter will depend on the fruits of accumulated Karma here and now.


Author(s):  
Annabel S. Brett

This chapter looks at Francisco de Vitoria and his Dominican colleagues at the Spanish School of Salamanca in the middle of the sixteenth century. They are famous for their reconstitution and redeployment of Thomas Aquinas's theory of natural law to address the new problems of the sixteenth century, problems that beset Spain along with the rest of Europe: the power of the crown both within its own commonwealth and in relation to other commonwealths, and these powers both within Europe and overseas. For the School's most celebrated member, Francisco de Vitoria, natural law is the law of reason by which all human beings are naturally governed—the law of humanity as such—and, for him as for Aquinas, it ultimately determines the legitimacy of any subsequent human institutions and laws. The chapter also considers Domingo de Soto's The deliberation in the cause of the poor, which was published in 1545.


2021 ◽  
Vol 33 (3) ◽  
pp. 317-343
Author(s):  
CECILIA ROSSEL ◽  
FELIPE MONESTIER

AbstractThis article analyzes how policy ideas already adopted in Europe, particularly in France, were taken into consideration for the design of Uruguay’s National Public Assistance (NPA) policy. Established in 1910, the NPA was a pioneering government social policy for the time and for the region.Some have argued that the design of the NPA law followed the secular and republican model instituted in France at the end of the nineteenth century when France established the Assistance Publique, particularly regarding the extent of public assistance to the poor, the role of the state in the provision of health care (as opposed to charity-based provision) and the centralization of health-care services (as opposed to a decentralized health-care system).We analyze how these revolutionary ideas were discussed by the technicians and politicians who participated in the process that culminated in the approval of the law in Uruguay discussed these revolutionary ideas. We explore the factors that motivated the creation of the commission that developed the law. We also review available documentation on the drafting of the bill and the parliamentary debate that culminated in its approval. We find that the design of the NPA included many ideas diffused mainly from France. The French model was not simply emulated, however. Rather, the authors of the NPA thoroughly analyzed and considered the features and main consequences of the Assistance Publique, suggesting that diffusion in this case was more a process of learning than of simple mimicry.


Author(s):  
Josephine McDonagh

Bleak House is a novel saturated with figures of unsettlement, in which characters uprooted by their social conditions operate within a plot animated by unsettlement, in an affective world dominated by feelings of pity and sympathy for those who have been displaced. Thresholds recur in the novel as privileged sites of heightened emotion. The novel’s preoccupation with unsettlement is best understood in the context of mid-century bourgeois aspirations to reimagine the nation as a place in which all citizens might enjoy freedom of movement. In framing this vision, Dickens draws on two contemporary discourses, one drawn from emigration, especially Caroline Chisholm’s popular ‘family emigration’ schemes; the other from public discussions about the law of settlement in the context of the New Poor Law. The latter were attempts to regulate where the poor could live, in the context of the bureaucratic reorganization of national geography that occurred at this time. Throughout, however, the novel displays profound ambivalence about Britain’s engagement with the wider world, expressed most clearly through its antagonism to overseas philanthropy, which it sees as a misdirection of national feeling. The novel’s vision of the nation, underpinned by its commitment to mobility and an ideology of freedom of movement within, but not beyond, the nation, produces its particular formal features and thematic emphases on mobility and movement, and its preoccupation with thresholds—doorsteps, entrances, and finally national borders—as places at which political decisions about inclusion and exclusion are made.


1966 ◽  
Vol 60 (8) ◽  
pp. 245-247
Author(s):  
Harold J. Rothwax
Keyword(s):  
The Poor ◽  

1967 ◽  
Vol 41 (4) ◽  
pp. 464-464
Author(s):  
Rachel B. Marks
Keyword(s):  
The Poor ◽  

2004 ◽  
Vol 60 (1/2) ◽  
Author(s):  
Dieter H. Reinstorf

This article explores the social and religious dynamics of parables of Jesus in which “rich” and “poor” are juxtaposed. It focuses on Luke 16:19-31 (the parable of the rich man and the poor beggar Lazarus) and on Luke 18:9-14 (the parable of the Pharisee and the tax collector). The core of the exploration relates to questions concerning “wealth” and “poverty” in a limited-good society such as first-century Palestine. The article aims to expose the legitimisation provided by the Israelite elite to ensure the collection of taxes placed on the peasant population by the Roman Empire.


Each year in France, a million women have abortions with no punishment.In practice, the law against abortion is widely repudiated by public opinion; it is so often disobeyed that the criminal courts choose to avoid it. However, on October 9, 1972, Marie-Claire C … went to court at Bobigny for having had an abortion—the juvenile court since she is a minor. Why this measure of exception? Was her “crime” more serious than that of the others?...


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