Defining Justice: Introduction to Justice Studies

Defining Justice Chapter 1 Introduction There are diverse and competing philosophies about what justice is, as well as several theoretical approaches to justice studies. Justice includes some key aspects: Just Desert; Fairness; Equality; Moral Righteousness A framework underpinni...

Defining Justice Chapter 1 Introduction There are diverse and competing philosophies about what justice is, as well as several theoretical approaches to justice studies. Justice includes some key aspects: Just Desert; Fairness; Equality; Moral Righteousness A framework underpinning the study of justice includes: Formal Justice Substantive Justice Ethical Practice Law is often thought of as the ultimate expression of justice in society. But justice is more than just law Studying Justice The study of justice entails more than just the operation of criminal justice system. It is concerned with how a person came to be in trouble with the law in the first place and individual and societal factors contributing to the behavior that broke the law. This includes studying factors such as poverty, racism, access to education and its relation to crime. Example – why do our marginalized population fill our jails and hospitals, have higher suicide rates then rest of the population Studying Justice Continued Justice is about understanding what is and is not labelled a crime in our society and who is and is not prosecuted for a crime. The fairness of distribution of social, political and economic resources and rewards. Rules and Guidance for the Study of Justice 1) Recognize that we are ethnocentric and we think normatively (within the experience of our own values, norms, experiences and perspectives) is a key first step in pursuing the study of justice. We must disengage from our personal emotions and recognize that we are products of our own cultural, religious and class background and have a tendency to regard our own norms values and standpoints and superior to others. Rules and Guidance for the Study of Justice continued… 2) Recognize that often the dominant viewpoint or the views of the majority are not the same as “justice” Consideration must be given to the perspective of the marginalized, the poor and other minority perspectives. When we expand our thinking and begin to consider thoughtfully and respectfully the position, viewpoints, thoughts and opinions of the “other” we approach the study of justice not as a “debate” between two viewpoints, but as an opportunity to view problems objectively. Interdisciplinary Nature of Justice Studies Many different disciplines contribute to the study of justice: Philosophy History Political Science Psychology Sociology Criminology Multiple and Changing Definitions of Justice Justice is constructed individually as well as in groups and societies as a whole: it may be completely different between individuals whether a certain result is “just” or not. These individuals may use the same arguments based on fairness, equality, desert and moral righteousness to argue very different perspectives. Law vs Justice The law is a skeleton or framework for justice. It sets out certain attributes of the justice system but it is only one social institution in the study of justice. Other institutions have significant influence over the law and are important in our assessment of justice included the government, economy, our education system, the family, marriage and religion etc. Those in society experience tension and conflict between the certainty of applying legal “rules” and imparting “justice” (example: life sentence for woman who experiences intimate partner violence and kills her spouse). Types of Justice Environmental Justice: seeks to understand how the environment impacts on our justice system and what aspects of the environment should be included in or protected by our justice system. (Impact of oil drilling, mining. Protection of wildlife, forests) Criminal Justice: What is deemed as a criminal act and what is not. This also exams how the police, courts and corrections work together to deal with those who commit criminal acts. Restorative Justice: applies to offenders, victims and the community. It can include reconciling harm done to a victim, restoring a compassionate, trustful relationship of offenders and the victim after a criminal act, rebuilding a sound relationship between offender, victim and the entire community after a criminal act and also the restoration of two disputing parties related to a non-criminal act. Social Justice: Relates to whether society as a whole is just Definitions of Justice Formal Justice Seeks to treat similarity situated people similarly or treat equals equally. Includes laws and rules of procedures (eg. Court processes) Characterized by the concepts of just deserts (getting what one deserves), fairness (treating equals equally – See Next Slide) and equality. Demands equality of access for everyone to adequate income, decent and affordable housing, food security and the other necessities of a modest but dignified life. Fairness In certain circumstances fairness also includes treating people unequally in order to recognize and correct past injustices. (eg. hiring protocols for women and minorities) Procedural Fairness: ensuring everyone receives a fair hearing and due process. Also demands a transparent process for decision making Equality Equal citizen rights for all people (right to vote, health care, education) Equality also demands that there be an equitable sharing of civic burdens (paying taxes). Questions to consider in relation to equality: Does everyone enjoy adequate economic security (through employment or income security programs provided by the government?) Do all people in society have ready access to adequate and affordable housing? Sufficient, safe and nutritious food? Access to transportation and green space? Definitions of Justice continued.. Substantive Justice Treating “unequals” unequally in proportion to their inequality. This is known as both substantive and distributive justice. Not all individuals are treated the same in order to achieve fairness. This pillar of justice is different than formal justice as it recognizes that individuals may need to be treated differently in order to achieve justice. Sometimes special considerations must be taken into account for groups who have been historically disadvantaged and marginalized (e.g. affirmative action in hiring decisions, special sentencing considerations such as Gladue principles in criminal procedures). Definitions of Justice continued.. Substantive Justice continued… Challenge: ascertain what practices in today’s society are unequal and unfair but are regarded as “normal” Also considers distributive justice: how resources and opportunities are divided up across everyone is society. Re-distributive justice: wealthy people may be required to pay more taxes than those with modest or low incomes so that government can fund a reasonable level of public services for all. Definitions of Justice continued.. Ethical Practice Ethical Practice entails ending oppression Allows meaningful participation of all people in society with recognition, mutual respect, and an ethic of making decisions, taking into account the position of the least favoured or those in most need in society. In order to arrange distribution for the greatest benefit of the least advantaged, an ethical practice must inform our actions. Rawl’s conception of justice assured the protection of equal access to liberties, rights and opportunities as well as taking care of the least advantaged members of society. Interconnections of Justice Components - Summary Formal Justice recognizes equality, fairness, treating equals equally and following procedural justice. Substantive Justice recognizes that sometimes equals have to be treated unequally in order to arrive at a just solution and includes distributive and redistributive justice. Ethical Practice seeks to achieve justice through altruistic practice and helping the less fortunate, those without power and resources. Defining Justice - Summary The law is one social institution that mediates relations between people and has an influence on the actions and choices of people. The study of justice must be pursued with two rules in mind: First recognition of one’s own norms and prejudices must be made. Any justice issues should be analyzed with an acknowledgment of our own ethnocentrism. As well it must be recognized that often the perspective of marginalized people must be seriously considered, explored and given voice if unjust social arrangements are to be uncovered and challenged.