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R. George Wright - Does the law morally bind the poor? or, What goods the Constitution when you cant afford a loaf of bread?

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Does the law morally bind the poor? or, What goods the Constitution when you cant afford a loaf of bread?: summary, description and annotation

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Consider the horror we feel when we learn of a crime such as that committed by Robert Alton Harris, who commandeered a car, killed the two teenage boys in it, and then finished what was left of their lunch. What we dont consider in our reaction to the depravity of this act is that, whether we morally blame him or not, Robert Alton Harris has led a life almost unimaginably different from our own in crucial respects. In Does Law Morally Bind the Poor? or What Goods the Constitution When You Cant Buy a Loaf of Bread?, author R. George Wright argues that while the poor live in the same world as the rest of us, their world is crucially different. The law does not recognize this difference, however, and proves to be inconsistent by excusing the trespasses of persons fleeing unexpected storms, but not those of the involuntarily homeless. He persuasively concludes that we can reject crude environmental determinism without holding the most deprived to unreasonable standards.

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Page i
Does the Law Morally Bind the Poor or What Goods the Constitution - photo 1
Does the Law
Morally Bind the
Poor?
or
What Good's the
Constitution When
You Can't Afford
a Loaf of Bread?

title:Does the Law Morally Bind the Poor? Or, What Good's the Constitution When You Can't Afford a Loaf of Bread? Critical America
author:Wright, R. George.
publisher:New York University Press
isbn10 | asin:0814792944
print isbn13:9780814792940
ebook isbn13:9780585022444
language:English
subjectCriminal liability--United States, Public welfare--Law and legislation--United States, Poor--Civil rights--United States.
publication date:1996
lcc:KF9243.5.W75 1996eb
ddc:345.73/04
subject:Criminal liability--United States, Public welfare--Law and legislation--United States, Poor--Civil rights--United States.
Page ii
Critical America
General Editors: RICHARD DELGADO and JEAN STEFANCIC
White by Law:
The Legal Construction of Race
Ian F. Haney Lpez
Cultivating Intelligence:
Power, Law, and the Politics of Teaching
A conversation between Louise Harmon and Deborah W. Post
Privilege Revealed:
How Invisible Preference Undermines America
Stephanie M. Wildman
with contributions by Margalynne Armstrong,
Adrienne D. Davis, and Trina Grillo
Does the Law Morally Bind the Poor?
or

What Good's the Constitution When You Can't Afford a Loaf of Bread?
R. George Wright
Page iv
NEW YORK UNIVERSITY PRESS
New York and London
Copyright 1996 New York University
All rights reserved
Grateful acknowledgment is made to the Catholic University Law Review for permission to publish a revised version of my article "The Progressive Logic of Criminal Responsibility and the Circumstances of the Most Deprived," 43 Cath. U.L. Rev. 459504(1994).
Library of Congress Cataloging-in-Publication Data
Wright, R. George.
Does the law morally bind the poor, or, What good's the
Constitution when you can't afford a loaf of bread? / R. George Wright.
p. cm.(Critical America)
Includes bibliographical references and index.
ISBN 0-8147-9294-4 (cloth: acid-free paper)
1. Criminal liabilityUnited States. 2. Public welfareLaw and
legislationUnited States. 3. PoorCivil rightsUnited States.
I. Title. II. Series.
KF9243.5.W75 1996 Picture 295-50202
345.73'04dc20 Picture 3CIP
[347.3054]
New York University Press books are printed on acid-free paper,
and their binding materials are chosen for strength and durability.
Manufactured in the United States of America
10 9 8 7 6 5 4 3 2 1
Page v
For Mary,
with thanks to
Karon Bowdre
Richard Delgado
Joshua Dressler
Lori Hackleman
Judy McAlister
Jeffrie G. Murphy
Trisha Olson
Niko Pfund
Jean Stefancic
Kimberly Schooley
Page vii
contents
introduction
1
1
Does the Constitution Morally Bind the Poor?
7
2
The Progressive Logic of Criminal Responsibility and the Circumstances of the Most Deprived
40
3
Desperation and Necessity: Les Miserables on Trial
102
conclusion
175
notes
179
bibliography
185
index
217
Page 1
introduction
What are the pros and cons of living in a broken trash compactor? The advantages are actually many and substantial. The danger of electrocution, for example, is less than that of sleeping near a 600 volt electrified train rail. The chances of being hit by a stray bullet are less than in some housing projects. Of course, one must not too quickly generalize about such matters. A housing project resident might reduce the risk of unintended gunshot wounds by such expedients as sleeping in the bathtub.
We should not overlook some of the less obvious advantages of the broken trash compactor lifestyle. Any food discarded into the compactor offers a win-win proposition. Either the discarded food is
Page 2
actively decomposing, or it is not. If it is not decomposing, it is in some sense edible. If, on the other hand, it is decomposing, other advantages exist. For one, decomposing food provides more cushioned bedding material than, say, a porcelain bathtub. More important, the chemical decomposition of rotting food generates heat. Just this sort of chemical reaction may mean the difference between freezing to death and not.
Other advantages of the trash compactor lifestyle, such as its excellent protection against windchill, if not against vermin, are obvious, and need no further rehearsal. Instead, let us note one significant disadvantage not yet factored into our calculus. We have carefully specified the trash compactor to be broken. But what if it does not stay broken? What if, one day, it is repaired and restored to active service? What if this takes place without advance public notice or, in particular, notification of the trash compactor's resident? What, finally, if the inhabitant of the trash compactor is, every night, at least dimly aware of just this possibility?
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