Premium
Marginalized legal categories: Social inequality, family structure, and the laws of intestacy
Author(s) -
Bea Megan Doherty,
Taylor Poppe Emily S.
Publication year - 2021
Publication title -
law and society review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.867
H-Index - 74
eISSN - 1540-5893
pISSN - 0023-9216
DOI - 10.1111/lasr.12553
Subject(s) - socioeconomic status , inequality , law , sociology , legal status , social institution , political science , social science , mathematical analysis , population , demography , mathematics
Social classifications are increasingly interrelated, far‐reaching, and consequential for socioeconomic outcomes. We use the concept of marginalized legal categories to describe how the law disadvantages individuals or groups by transforming inherently ordered social classifications into consequential legal categories, employing intestacy laws as an illustration. Using the Survey of Consumer Finances, we find that more than 21% of American families have forms that are marginalized by intestacy classifications, and that such forms are more common among individuals of color and those with less wealth. Yet, many individuals with these family structures hold assets and lack access to intestacy‐avoidance mechanisms, giving consequence to the application of these laws. We conclude by discussing implications of legal classification for inequality.