,,,Inequity as a Legal Principle

Inequity permeates law and legal systems. “[Y]ou can’t really understand,” explained Spencer, “For me the law is all over. I am caught, you know; there is always some rule that I’m supposed to follow, some rule I don’t even know about that they say.”1 Spencer is “welfare poor;” he experiences law as “power and domination.”2 Not Bob. Bob is wealthy. For him, law is instrumental. He deploys it as a shield and a sword. He has faith that, in general, it will not interfere with his life, unless he wants it to. And, not Becky. Becky manages a popular coffeehouse in a relatively diverse metropolis. For Becky, law is mostly invisible, but it is also emboldenment. When two black men enter the coffeehouse, Becky feels uncomfortable. She wants the men to leave, but she does not want to confront them. She calls on the law. 911: “Help! There are two men here. They won’t leave my store. They are black.” The police arrest the men for trespass. Becky feels courageous as they are escorted away.3 Spencer recognizes this difference. “‘For me