Academic journal article The Journal of Law in Society

Reconstructing an End to Concentrated Poverty

Academic journal article The Journal of Law in Society

Reconstructing an End to Concentrated Poverty

Article excerpt

Table of Contents    I. Introduction  II. The Emergence of Concentrated Poverty      A. Spatial Distribution of Race, or Racial Spatialization?      B. A Working Definition of Concentrated Poverty      C. Concentrated Poverty in Detroit  III. Section 1 of the Thirteenth Amendment      A. Section 1 of the Thirteenth Amendment Grants Courts the          Authority to Determine Badges and Incidents of Slavery          1. History of the Thirteenth Amendment          2. Thirteenth Amendment Jurisprudence      B. Court Determination That Concentrated Poverty is a Badge          and Incident of Slavery          1. The Cultural Meaning Test          2. The Roles of Racism and Stigmatization in the Cultural             Meaning Test      C. Application of Court Determinations that Concentrated          Poverty is a Badge and Incident of Slavery          1. The Thirteenth Amendment is Uniquely Situated to Protect             Civil Rights          2. The Self-Executing Section 1 of the Thirteenth             Amendment          3. Detroit in the Context of the Surrounding Metropolitan             Area          4. Places to Begin  IV. Section 2 of the Thirteenth Amendment      A. Section 2 of the Thirteenth Amendment is a Congressional          Grant of Authority to Rationally Determine What Are          Badges and Incidents of Slavery      B. Posited Applications of Section 2 of the Thirteenth           Amendment      C. Possible Congressional Actions to Ameliorate Concentrated           Poverty   V. Conclusion 

I. INTRODUCTION

Orient in the same direction as the next bird. Stay close, but not too close, to the next bird. When a predator approaches, fly really fast the other way. Individual birds flying as part of a flock follow these simple rules, and what emerges is the harmony and efficiency of the flock in flight. (2) The sum of these few simple rules is insufficient to explain the resulting actions. Instead, the interactions of those rules cause the formation, repeated by individual actors as they meet and interact with each other. (3) The sum of these interactions results in emergence, the science of complex systems exhibiting behaviors different from the sum of their components. (4)

A process that appears random at the individual level becomes predictable at the societal level. In societal terms, emergence is often a matter of scale. The lowest order of the scale is comprised of the interactions among individuals. When moving among the properties of small scale to large scale, "emergence is, in effect, a class of higher-order properties." (5) Sociologists attempt to explain macro social properties "by identifying the micro-to-macro process of emergence--how individual actions ... aggregate to result in macro social phenomena, such as institutions, social movements, norms, and role structures." (6) Macro social properties are evident in the emergent qualities of cities. Artists interact with each other and Paris' Left Bank emerges. The silk weavers of Florence set up shops on a street over 900 years ago, and are still there today. (7) Social behaviors emerge from the interactions of people in those societies. Cities feature more people in closer proximity and foster interactions.

Emergence flourishes as a result of conflict among the people in a system. (8) Conflict in this context takes place when individuals value the outcomes of interactions differently. Too much conflict results in chaos, while not enough conflict impedes emergence. Like a flock of birds staying close, but not too close, an appropriate level of conflict among human interactions causes emergence. Micro-motives combine to form macro-behavior, and local rules lead to global structure. A flock of birds is more than the sum of each bird in the flock. From simplicity comes complexity. The rules fostering emergence, once discovered, turn out to be simple. The organization, interaction, and energy of a system come from the individuals comprising it. …

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