Women and Justice for the Poor: A History of Legal Aid, 1863-1945 (Studies in Legal History), by Felice Batlan
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Women and Justice for the Poor: A History of Legal Aid, 1863-1945 (Studies in Legal History), by Felice Batlan
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This book re-examines fundamental assumptions about the American legal profession and the boundaries between "professional" lawyers, "lay" lawyers, and social workers. Putting legal history and women's history in dialogue, it demonstrates that nineteenth-century women's organizations first offered legal aid to the poor and that middle-class women functioning as lay lawyers, provided such assistance. Felice Batlan illustrates that by the early twentieth century, male lawyers founded their own legal aid societies. These new legal aid lawyers created an imagined history of legal aid and a blueprint for its future in which women played no role and their accomplishments were intentionally omitted. In response, women social workers offered harsh criticisms of legal aid leaders and developed a more robust social work model of legal aid. These different models produced conflicting understandings of expertise, professionalism, the rule of law, and ultimately, the meaning of justice for the poor.
Women and Justice for the Poor: A History of Legal Aid, 1863-1945 (Studies in Legal History), by Felice Batlan- Amazon Sales Rank: #2012415 in Books
- Published on: 2015-05-05
- Original language: English
- Number of items: 1
- Dimensions: 8.98" h x .63" w x 5.98" l, .0 pounds
- Binding: Hardcover
- 250 pages
Review "Women and Justice for the Poor is an exciting and timely intervention into work on lawyering in the United States. Batlan establishes the deep relevance of ideas about gender and race to the history of law and legal practice through ambitious research, provocative analysis, and engaging narrative." Martha S. Jones, Arthur F. Thurnau Professor, University of Michigan"By tracking legal aid through the winding corridors of urban social institutions, Batlan gives us evocative insights into gender, reform, capitalism, and lawyering in a cogent and fascinating historical account. Her erosion of lay and professional boundaries, demonstrated by women's contribution to legal aid and the pragmatic relief they provided to underprivileged clients, illuminates the value of using gender to frame the story." Norma Basch, Professor Emeritus, Rutgers University"In a remarkably original social/legal history, Batlan is asking readers to rethink what lawyering has meant and could mean. And when you ask 'outside the box' questions, you come up with surprising answers. This book can help us understand why law today can be far from justice." Linda Gordon, Florence Kelley Professor of History, New York University
About the Author Felice Batlan is Professor of Law and Associate Dean at the Illinois Institute of Technology, Chicago-Kent College of Law. Her groundbreaking work, which explores interactions between law, gender, history, and the legal profession, has appeared in numerous law reviews, history journals, and anthologies. She is a book review editor for Law and History Review and was an associate editor of the Encyclopedia of the Supreme Court and Continuity and Change. She has served as an New York University Golieb Fellow, a Hurst Fellow, a Freehling Fellow, and received the CCWH/Berkshire Women's History Dissertation Award.
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0 of 0 people found the following review helpful. Legal Aid *Is* Social Work! By John A. Castaneda I enjoyed Professor Batlan's empirical gender-focused analysis of the intersection of legal aid and social work in the U.S. context between the Civil War and WWII precisely because she effectively understates the irony of such an analysis. Should not "legal aid" and "social work" be synonymous? We learn that generations ago women in Chicago and New York took it upon themselves to organize and provide "quotidian" (ironically a most extraordinary word meaning ordinary!) human assistance to human beings. Over time, the legal patriarchy becomes buffeted by changing social mores, the industrial revolution, a world war, a depression, another world war, their economic consequences, and the human frailties relating to power and control. We learn about the sight of the forest of implemented compassion being lost for the sight of many apparent trees: for example, how can the same population require both social work and legal aid; why should procedural equality require subjective equality; shouldn't the professional lawyer-client relationship be separated from a purely philanthropic relationship; shouldn't classical legal thought generate substantial justice? Prof. Batlan observes that "social workers at the grass-roots level grappled with the real inequalities that abstract theories of law generated." Real human problems (some of which were generated by imperfect human solutions) require real human solutions. Intriguingly, Professor Batlan herself became a real albeit more contemporary part of her subject history. She writes about her rewards, frustrations, and lessons from providing grass-roots help to needy human beings in New Orleans after Katrina in 2005. A lyric from an old Talking Heads song comes to mind when thinking about the "moral" of Prof. Batlan's "story": they say compassion is a virtue, but I don't have the time. Lawyers should spend less time worrying about whether what they are doing is legal aid or social work and spend more time being pragmatically compassionate by listening carefully and attentively to their clients to help them. While the positive analysis of Prof. Batlan's book is thorough and capable, the strength of Women and Justice for the Poor is its normative, inspirational value, especially for human beings of any gender identification wishing to enter what might be called the field of Legal Aid *Is* Social Work.
0 of 0 people found the following review helpful. Anyone who purports to care about making it easier for lower income persons to obtain legal services must read this book By curiousgeorgette100 This book makes a hugely important contribution to our knowledge about how legal services were provided in the past. No, scratch that - this book does much more than simply make a contribution - it requires us to completely re-think our understanding of many things: (i) of the role of women's social service organizations in providing legal assistance and the relief they were able to bring to thousands of poor as a result of their tireless and highly effective work over many decades, (ii) of how and why these women's organizations were slowly pushed out of legal services, (iii) of how and why the role that they played (again, over decades) was written out of the history of legal aid, and (iv) of what the masculinization of their roles, as well as of the legal profession itself, meant for the poor who sought legal services, and continues to mean for the poor yet today.And that is only as regards the past. The importance of this book is even greater as regards the future. In the United States today, it has been estimated that as much as 80% of the legal needs of low income persons go unmet, as well as a high percentage of the legal needs of middle income persons. No realistic increased funding of legal aid, even if combined with any realistic increased pro bono (free) legal services by private lawyers, could even begin to close the gap. Yet, many (most?) lawyers continue to argue (often with great passion) against opening the legal services market to allow non-lawyers or organizations operated or managed by non-lawyers to provide legal services, in however limited a fashion. Many arguments are offered to support this opposition - they include that non-lawyers as well as organizations led by non-lawyers are not trained in ethics and as a result will act unethically, that they are incompetent to provide even the most basic and routine legal services, and that there is "no proof" that such persons or organizations could provide effective legal assistance to poor persons free of charge.Batlan's book demonstrates unequivocally that non-lawyers as well as organizations led by non-lawyers not only can provide legal services ethically and competently, but also that they can provide those services to lower income persons free of charge (yet without the need for government funding). And Batlan's book demonstrates unequivocally not only that it can be done, but also that it has been done, over a period of decades, and not in a foreign country but in the United States itself. For this reason, as vitally important as Batlans's book is for teaching us about the past, it is even more important for teaching us about the future. The organizations of the past detailed in her book shine a very bright light to us for the future.
0 of 0 people found the following review helpful. Sets the record straight By M. Hanley Women started legal aid for the poor in the mid-19th century. The movement grew until legal-aid societies existed in almost all major American cities by the turn of the 20th century. Then attorneys noticed and moved to "masculinize" the provision of legal aid by requiring membership in the bar for all legal work. "Lady lay-lawyers" were explicitly excluded, never mind that they were actually quite effective with clients, most of whom were also women. Then to top it off, the male attorneys wrote the history of legal aid and completely wrote the women out.Felice Batlan sets the record straight authoritatively in this well-researched and annotated book. It's also highly readable which means that if you are at all interested in this period of history, you should give it a try.
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