First published in 1991, This book looks at how capitalism has affected the organization of the poor. It also explores what the links are between notions of poverty and notions personal responsibility, philanthropy, morality and state forms. An intruiging work for anyone interested in the foundations and long-term progression of the welfare state.

This book addresses the pressing issue of severe poverty and inequality, and questions why violations of socio-economic rights are treated with less urgency than violations of civil and political rights, such as the right to freedom of speech or to vote? Socio-economic rights have been widely regarded as aspirational goals, rhetorically useful, but having few practical implications for government policy and the distribution of resources within a polity. It is not therefore surprising that socio-economic rights have been systematically neglected in the world today, with millions still lacking access to even basic shelter, food or health care. This book seeks to provide a sustained argument for placing renewed emphasis upon socio-economic rights in the fight against desperate poverty. It utilizes a combination of political philosophy, constitutional law, and public policy in its focus on the right to food, to housing, and to health care. Part I involves the development of a philosophical theory of rights that provides a common normative foundation for both civil and political rights and socio-economic rights. This theory involves developing an understanding of value that recognizes individuals have fundamental interests of differing levels of urgency. It also involves drawing an important distinction between conditional rights that flow purely from a normative focus on the equal importance of individuals and unconditional rights that involve competing normative and pragmatic considerations. A general theory of judicial review is also put forward that provides a justification for judicial involvement in the enforcement of socio-economic rights. Part II then considers the implications of this general philosophical theory for the interpretation and enforcement of socio-economic rights in law. The focus of this more applied discussion is upon South Africa, where entrenched, directly justiciable socio-economic rights are expressly protected in the constitution. The current approach of the South African Constitutional Court to their interpretation and enforcement is considered and criticized primarily for failing to provide sufficient content to such rights. A modified version of the minimum core approach to socio-economic rights is proposed as an alternative way which is supported by the philosophical theory developed in the first part of the book. This approach requires priority to be given to the worst off in society through placing a heavy burden of justification on any society that fails to meet the minimal interests of individuals. It also requires concrete steps to be taken towards realising a higher level of provision that guarantees individuals the necessary conditions for realising a wide range of purposes. This is also shown to have important policy implications both for developing and developed countries that can, it is hoped, assist in creating an urgency and commitment towards eradicating extreme poverty.

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.

Poverty Law, Policy, and Practice is organized around an overview and history of federal policies, significant poverty law cases, and major government antipoverty programs—welfare, housing, health, legal aid, etc.--which map onto important theoretical, doctrinal, policy, and practice questions. The book includes academic debates about the nature and causes of poverty as well as various texts that help illuminate the struggles faced by poor people. Throughout, it contains reading selections highlighting different perspectives on whether poverty is primarily caused by individual actions, structural constraints, or a mix of both. Readers will come away from the book with both a sense of the legal and policy challenges that confront antipoverty efforts, and with an understanding of the trade-offs inherent in different government approaches to dealing with poverty. New to the Second Edition: Updated coverage of the Affordable Care Act (Obamacare) Updated coverage of criminalization of poverty and efforts to decriminalize poverty Additional content for every chapter, with an emphasis on new cases, data, and sources Professors and students will benefit from: Three beginning chapters of general background on poverty numbers (data), social welfare (policy) and constitutional law (doctrine), followed by substantive chapters that can be selected based on professor interest, which makes the book easy to use even for 2-credit classes Emerging topics at the intersection of criminal law and poverty, markets and poverty, and human rights and poverty, in addition to traditional poverty law topics An author team with a combined experience of more than 100 years of teaching and practicing poverty law Highlights throughout the text to the racial and gendered history and nature of poverty in America An emphasis on presenting the most important topics accessibly, with careful editing and selection of excerpts to make the most of student and professor time A mix in every chapter of theory, program details, advocacy strategies, and the experiences of poor people