Law as Largess: Shifting Paradigms of Law for the Poor

By Weissman, Deborah M. | William and Mary Law Review, December 2002 | Go to article overview

Law as Largess: Shifting Paradigms of Law for the Poor


Weissman, Deborah M., William and Mary Law Review


 
TABLE OF CONTENTS 
 
INTRODUCTION 
 
I. THE RULE OF LAW: THE CELEBRATION 
     AND THE SUBSTANCE 
     A. Eulogizing the Principles of Law 
     B. Principles of Law and the Poor 
     C. A Historical Perspective--Providing Law for the Poor 
         1. Legal Aid/Legal Services 
         2. Complementary Mechanisms 
 
II. DIMINISHING RESOURCES OF LAW FOR THE POOR: 
     RECENT DEVELOPMENTS 
     A. The Assault on Legal Services 
         1. Congressional Restrictions 
         2. Challenging the Restrictions 
     B. Challenges to Interest on Lawyers Trust Accounts 
        (IOLTA) Programs 
     C. Constraining Law School Clinics 
     D. Reducing Opportunities for the Award of Legal Fees: 
      Buckhannon Board and Care Home, Inc. v. West Virginia 
      Department of Health and Human Resources 
 
III. LAW AS LARGESS: PUBLIC WELFARE AND PRIVATE CHARITY 
     A. Public Welfare in the Liberal Political and 
         Economic State 
         1. Political and Economic Theory 
         2. Characterizing the Poor in a Liberal Welfare State 
         3. Resulting Welfare Policies and Programs 
     B. Law for the Poor as Public Largess 
         1. Law for the Poor Shaped by Political and 
             Economic Theory 
         2. Law for the Poor as Welfare: Characterizing Poor 
             Clients and Their Lawyers 
         3. Legal Services Restrictions in the Service 
             of the Liberal Welfare State 
     C. The Culture of Philanthropy 
         1. Principles of Philanthropy 
         2. Operative Principles 
         3. Resulting Philanthropic Policies 
     D. Law as Charity 
         1. The Influence of Principles of Philanthropy on 
             Law for the Poor 
         2. Law as Charity: Operative Principles 
         3. Programmatic Effects 
 
IV. ACTUALIZING THE PRINCIPLES OF LAW 
     A. Public Responsibility 
         1. Expressing National Values 
         2. Unrestricted Programs: Affecting Outcomes 
             for the Poor 
         3. Feasibility Issues 
     B. Reforms to Charity 
     C. A Civil Gideon 
 
CONCLUSION 

[T]ear down every charitable institution in the country and build on its ruins a temple of justice.

--Mary Harris "Mother" Jones (1)

INTRODUCTION

The principles of the Rule of Law are deeply embedded in the discursive structure of American legal narratives, principally as a means by which to take measure of a democratic society and render plausible the ideals of justice and fairness. (2) As an abstract principle, the Rule of Law serves as a marker of modernity, endowed with the promise of equality, protection from private and public abuse, and the capacity for the just resolution of disputes. (3) Its symbolic value cannot be overstated. Justice for all is an ideal cherished by citizens. To paraphrase Edward Rubin's description of the concept of democracy, it is the "temple at which all modern political leaders worship." (4)

The Rule of Law has assumed mythical proportions denoting political virtue and public morality, but it has also produced standards by which to measure fulfillment of the ideal. Themes of equality and justice resonate precisely because they are conceived as a covenant made with the body politic and generally held to be the foundation of democratic government. Efforts to enact these principles as a way of demonstrating the efficacy of liberty and justice for all have summoned into existence a variety of structures and institutions, all dedicated to upholding the Rule of Law.

At the same time, another set of principles, no less prominent in the American ethos, informs national values and acts to counter the commitments promised in the Rule of Law. The proposition of self-sufficiency, a kind of fierce independence and individualism, is extolled as a fundamental virtue and celebrates the ability of individuals to pursue and obtain economic interests in the market. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Law as Largess: Shifting Paradigms of Law for the Poor
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.