The importance of studying Rich Law Poor Law in an era of neo-liberal governance

By Daphne Querleu and Miranda Daniel

“I am truly excited to study Law as it will give me the tools to contribute to society and to change people’s lives for the better.”

When applying to the University of Bristol’s law course, many students conclude their personal statements with hopeful sentiments such as this. Three years and most of a law degree later, we have become disenchanted with the legal system. Yet in our current political climate, it is more important than ever to take an active interest in critiquing and dismantling the systems that perpetuate inequality. Scrutiny of law and policy is central to this agenda, without which we cannot hope for a better future.

In this blog we highlight some of the themes that transcend the concept of Rich Law, Poor Law, and assert the importance of studying this topic in an age of neoliberalism which prioritises the needs of capital over the needs of the majority.

Law is one of the oldest and most powerful tools used to perpetuate inequality and maintain the status quo. The power of law was most recently accentuated by the COVID19 pandemic which drew attention to issues of homelessness and housing, insecure employment, welfare support and the widening education gap amongst working class students. The structures of class, gender and race also intersect with law and policy in creating unequal outcomes which have been foregrounded by the pandemic. However, it is important to note that wealth inequality was rising for two years before COVID-19, with this gap being most prominent between white Britons and those from black minority ethnic groups. 

“it is important to note that wealth inequality was rising for two years before COVID-19”

A significant aspect of the unequal  treatment of Black and minority ethnic people in the UK is due to the historic uneven distribution of wealth that disproportionately advantaged white Europeans. Colonial histories are then central to our understanding of wealth distribution in the present. Importantly, the Black Lives Matter movement brought issues of racial inequality to the forefront of the political agenda, however law and policy are yet to catch up in addressing structural racism or inequality in areas such as education, employment and access to health care. While our current capitalist system disadvantages BAME people the most, it has a hugely negative impact upon poorer communities on a global scale. Indeed, Piketty highlights that since the beginning of the 20th century, the bottom half of the population has always owned less than 10% of national wealth while, in the US, the top 10% share of the national wealth is skyrocketing at 70%. 

“law and policy are yet to catch up in addressing structural racism or inequality”

The rise of populism has long been linked with wealth inequality, and indeed democracy is not synonymous with wealth equality. The higher the inequality, the more likely we are to move away from democracy. This is because England has become a ‘debt-state’, a process by which the state covers a large part of its expenditure through borrowing rather than taxation. The government is therefore now indebted to, and reliant on, wealthy companies. Due to this, the financial aristocracy hold a huge amount of control over the debt state, and they use this power to manipulate government policy in order to maintain favourable conditions for the growth of their personal wealth. Wolfgang Streeck says that this process ‘serves to perpetuate existing patterns of social stratification and social inequality’. This is an especially relevant issue considering the current precarious situation of democracy in the UK. The Miller case is just one example of the current Conservative government’s attempts to undermine Parliament. We hope that our blog will open up a dialogue about the current flaws in our legal system, and start a discussion about the changes that we can enact in response to this.

The module of Rich Law Poor Law is the first of its kind to be offered at the University of Bristol. It spans law, economics, sociology, history and politics, in order to develop a truly intersectional approach to understanding inequality and the role of law in maintaining structures of wealth and poverty. It will make you question many of your preconceived ideas of law, and how law operates on a small, personal and larger, global scale. While studying Rich Law Poor Law can feel a bit like waking from the Matrix, it is also an opportunity to develop one’s critical thinking skills. If it is successful in this, this module will inspire you to question and challenge the complex corrupt puzzle that is our legal system, and will equip you with the knowledge to make a genuine difference as ‘activist lawyers’ or in any other fields pushing for social justice. 

It is through the study of topics such as Rich Law Poor Law that you will become aware of the different ways in which law decides who is deserving of justice and who is not. We hope that this blog will help you realise the incredible potential law has to create positive change but also open your eyes to the numerous injustices it facilitates. Law is a powerful tool which can be used for good but is currently controlled by an aristocratic elite at the expense of the majority. While it may not seem like much, studying Rich Law Poor Law and seeking to understand the role of the law in perpetuating inequality is the first step in changing the status quo and making the world a better place. In the words of Maya Angelou, it is by knowing better that we will do better.

Daphné Querleu is a French Final Year LLB student who wishes to pursue a career in academia researching legal theory and intersectionality.

Miranda Daniel is a Final Year LLB Law student, keen to work in the international development/ NGO field. She is particularly interested in human rights, criminology and access to healthcare.

Are you passionate about issues of inequality, oppression, capitalism and justice? We are looking for writers to submit short 1000 word articles. Whether you want to comment on the news, write about a topic that is close to your heart or do a book/film review, this blog is the right place for you to practice your writing and critical thinking while embellishing your CV!

An introduction to our blog site

Rich Law, Poor Law is a unit at the University of Bristol Law School that was borne out of both anger and concern – anger at the way the poor are treated compared to the rich; and concern that the law facilitates wealth and punishes the poor.

In short, the rule of law that everybody is treated equally is something that does not bear any sort of close examination. Court and Tribunal fees in themselves exclude many, particularly as they are now so costly. This blog site highlights some of our students work on the topics studied in our course and beyond.