Political scientists have paid considerable attention to the criminal justice system, leaving its “civil” counterpart, the domain of evictions, foreclosures, and debt disputes, largely in the dark. Jamila Michener and Mallory SoRelle’s new book, Uncivil Democracy: How Access to Justice Shapes Political Power, provides a vital and long-overdue attempt to shed light on this neglected, highly consequential part of the American political economy.
Combining survey data, ethnographic work, and historical analysis, Michener and SoRelle demonstrate that the civil justice system, which is designed to operate as a "neutral arbiter," often reproduces the power differentials it was meant to overcome.
Focusing on housing, they show the limits of the legal system in protecting vulnerable individuals and communities from predation and extraction by powerful landlords, property owners, and even policymakers. Instead, collective organizing—through groups like tenant associations—offers a more viable path for marginalized communities to build and exercise power to improve their circumstances.
Centering the experience of real people struggling to ensure they have access to safe, stable, and affordable housing, Michener and SoRelle draw on their impressive ethnographic work and ground each chapter in a real-life case study. The lived experiences of their subjects help animate the analysis and point to a pivotal element in addressing the structural limitations of the legal system: organizing. As Michener recently noted during the book launch event: “Policies, like right to counsel, are downstream from power; they're not enough, and power you get through collective organizing. And so, that's the book in a nutshell”.
Want to learn more? Get your hands on a copy of “Uncivil Democracy," out now from Princeton University Press.
