Law and Poverty: Perspectives from South Africa and Beyond is a collection of essays by leading South African and international experts, as well as emerging young scholars. The collection focuses on key theoretical and strategic questions concerning the relationship between law and systemic poverty. The essays were first presented at a colloquium on Law and Poverty organised by the Stellenbosch Law Faculty, which took place from 29 to 31 May 2011. The range and richness of the essays illuminate the multifaceted nature and causes of poverty, as well as the possibility and limits of law in responding to the social injustice which poverty represents. By engaging with these questions, the book aims to deepen critical reflection and debate on law’s ability to respond effectively to social and economic marginalisation.

• Notes on Contributors
• Table of Cases
• Introduction - Sandra Liebenberg & Geo Quinot
• The Role of the Constitution in the Struggle against Poverty - Pius N Langa
• Social Exclusion, Global Poverty, and Scales of (In)Justice: Rethinking Law and Poverty in a Globalizing World - Nancy Fraser
• The Legal Construction of Poverty: Gender, “Work” and the “Social Contract” - Lucy A Williams
• Not Purpose-made! Transformative Constitutionalism, Postindependence Constitutionalism and the Struggle to Eradicate Poverty - Sanele Sibanda
• De-Politicising Poverty: Arendt in South Africa - Emilios Christodoulidis
• Representing the Poor: Law, Poverty and Democracy - Henk Botha
• Transformative Constitutionalism in a Democratic Developmental State - Solange Rosa
• The Potential and Limits of an Equal Rights Paradigm in Addressing Poverty - Sandra Fredman
• Gendered Transformation in South African Jurisprudence: Poor Women and the Constitutional Court- Catherine Albertyn
• Judicial Deference and Democracy in Socio-Economic Rights Cases in South Africa - Danie Brand
• Narrowing the Band: Reasonableness Review in Administrative Justice and Socio-Economic Rights Jurisprudence in South Africa - Geo Quinot & Sandra Liebenberg
• Taking Poverty Seriously: The South African Constitutional Court and Socio-Economic Rights - Stuart Wilson & Jackie Dugard
• An Appraisal of International Law Mechanisms for Litigating Socio-Economic Rights, with a Particular Focus on the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights and the African Commission and Court - Lilian Chenwi
• Liberal Constitutionalism, Property Rights, and the Assault on Poverty - Frank I Michelman
• Farm Land and Tenure Security: New Policy and Legislative Developments - JM Pienaar & A Kamkuemah
• Conceptualising “Meaningful Engagement” as a Deliberative Democratic Partnership- Gustav Muller
• Rental Housing as Adequate Housing - Sue-Mari Maass
• Constitutional Perspectives on Unemployment Security and a Right to Work in South Africa - Avinash Govindjee & Ockert Dupper
• Privatisation of the Commons: Water as a Right; Water as a Commodity - Khulekani Moyo
• Tensions Between Vernacular Values that Prioritise Basic Needs and State Versions of Customary Law that Contradict Them - Sindiso Mnisi Weeks & Aninka Claassens
• Developing the Common Law of Contract in the Light of Poverty and Illiteracy: The Challenge of the Constitution - DM Davis
• Concluding Reflections: Legal Activism after Poverty has been Declared Unconstitutional - Karl Klare
• Index

• Academics, South African and foreign
• Judiciary
• Students
• Law libraries, South African and foreign