Abstract
In the United States, among the most common responses to justiciable problems – non-trivial problems that raise civil legal issues – is to do nothing. The probability of taking no action varies inversely with income, with poor households least likely to take any action to attempt to resolve problems. In focus groups comprised of low- and low-moderate income residents of a Midwestern American city, respondents were asked to discuss experiences of justiciable problems involving money or housing, including problems about which they did nothing. Five rationales for inaction emerged: shame, a sense of insufficient power, fear, gratitude, and frustrated resignation. Three themes – fear, gratitude and frustrated resignation – reflected lessons from people’s past experiences with justiciable problems. These themes suggest new, richer explanations for socio-economic differences in how such problems are handled.
Original language | English (US) |
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Title of host publication | Transforming Lives |
Subtitle of host publication | Law and Social Process |
Editors | Pascoe Pleasence, Alexy Buck, Nigel J Balmer |
Publisher | Legal Services Commission |
Pages | 112-132 |
ISBN (Print) | 9780117021464 |
State | Published - 2007 |