Toward a Demosprudence of Poverty

Abstract

This Article describes the rift between a due-process-focused jurisprudence on legal-financial obligations-the centerpiece of the current fight against criminalization of poverty-and the substantive and structural problems of poverty criminalization. It argues that judges can help address this disconnect while still operating within the scope of their authority by engaging in a demosprudence of poverty "a democracy-enhancing jurisprudence" that actively seeks to learn from poor people themselves and movements for economic justice. This Article builds from demosprudential theory to offer guidance for judges in their reason-giving, rulemaking, and courtroom management practices.