Social Justice Activism
Social Justice Activism
Social Justice Activism
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Walk by Faith; Serve with Abandon
Expect to Win!
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The Advocacy Foundation, Inc.
Helping Individuals, Organizations & Communities
Achieve Their Full Potential
Since its founding in 2003, The Advocacy Foundation has become recognized as an effective
provider of support to those who receive our services, having real impact within the communities
we serve. We are currently engaged in community and faith-based collaborative initiatives,
having the overall objective of eradicating all forms of youth violence and correcting injustices
everywhere. In carrying-out these initiatives, we have adopted the evidence-based strategic
framework developed and implemented by the Office of Juvenile Justice & Delinquency
Prevention (OJJDP).
The stated objectives are:
1. Community Mobilization;
2. Social Intervention;
3. Provision of Opportunities;
4. Organizational Change and Development;
5. Suppression [of illegal activities].
Moreover, it is our most fundamental belief that in order to be effective, prevention and
intervention strategies must be Community Specific, Culturally Relevant, Evidence-Based, and
Collaborative. The Violence Prevention and Intervention programming we employ in
implementing this community-enhancing framework include the programs further described
throughout our publications, programs and special projects both domestically and
internationally.
www.Advocacy.Foundation
ISBN: ......... ../2020
......... Printed in the USA
Advocacy Foundation Publishers
Philadelphia, PA
(878) 222-0450 | Voice | Data | SMS
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Dedication
______
Every publication in our many series’ is dedicated to everyone, absolutely everyone, who by
virtue of their calling and by Divine inspiration, direction and guidance, is on the battlefield dayafter-day
striving to follow God’s will and purpose for their lives. And this is with particular affinity
for those Spiritual warriors who are being transformed into excellence through daily academic,
professional, familial, and other challenges.
We pray that you will bear in mind:
Matthew 19:26 (NLT)
Jesus looked at them intently and said, “Humanly speaking, it is impossible.
But with God everything is possible.” (Emphasis added)
To all of us who daily look past our circumstances, and naysayers, to what the Lord says we will
accomplish:
Blessings!!
- The Advocacy Foundation, Inc.
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The Transformative Justice Project
Eradicating Juvenile Delinquency Requires a Multi-Disciplinary Approach
The Juvenile Justice system is incredibly
overloaded, and Solutions-Based programs are
woefully underfunded. Our precious children,
therefore, particularly young people of color, often
get the “swift” version of justice whenever they
come into contact with the law.
Decisions to build prison facilities are often based
on elementary school test results, and our country
incarcerates more of its young than any other
nation on earth. So we at The Foundation labor to
pull our young people out of the “school to prison”
pipeline, and we then coordinate the efforts of the
legal, psychological, governmental and
educational professionals needed to bring an end
to delinquency.
We also educate families, police, local businesses,
elected officials, clergy, schools and other
stakeholders about transforming whole communities, and we labor to change their
thinking about the causes of delinquency with the goal of helping them embrace the
idea of restoration for the young people in our care who demonstrate repentance for
their mistakes.
The way we accomplish all this is a follows:
1. We vigorously advocate for charges reductions, wherever possible, in the
adjudicatory (court) process, with the ultimate goal of expungement or pardon, in
order to maximize the chances for our clients to graduate high school and
progress into college, military service or the workforce without the stigma of a
criminal record;
2. We then endeavor to enroll each young person into an Evidence-Based, Data-
Driven Transformative Justice program designed to facilitate their rehabilitation
and subsequent reintegration back into the community;
3. While those projects are operating, we conduct a wide variety of ComeUnity-
ReEngineering seminars and workshops on topics ranging from Juvenile Justice
to Parental Rights, to Domestic issues to Police friendly contacts, to Mental
Health intervention, to CBO and FBO accountability and compliance;
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4. Throughout the process, we encourage and maintain frequent personal contact
between all parties;
5 Throughout the process we conduct a continuum of events and fundraisers
designed to facilitate collaboration among professionals and community
stakeholders; and finally
6. 1 We disseminate Monthly and Quarterly publications, like our e-Advocate series
Newsletter and our e-Advocate Monthly and Quarterly Electronic Compilations to
all regular donors in order to facilitate a lifelong learning process on the everevolving
developments in both the Adult and Juvenile Justice systems.
And in addition to the help we provide for our young clients and their families, we also
facilitate Community Engagement through the Transformative Justice process,
thereby balancing the interests of local businesses, schools, clergy, social
organizations, elected officials, law enforcement entities, and other interested
stakeholders. Through these efforts, relationships are built, rebuilt and strengthened,
local businesses and communities are enhanced & protected from victimization, young
careers are developed, and our precious young people are kept out of the prison
pipeline.
Additionally, we develop Transformative “Void Resistance” (TVR) initiatives to elevate
concerns of our successes resulting in economic hardship for those employed by the
penal system.
TVR is an innovative-comprehensive process that works in conjunction with our
Transformative Justice initiatives to transition the original use and purpose of current
systems into positive social impact operations, which systematically retrains current
staff, renovates facilities, creates new employment opportunities, increases salaries and
is data-proven to enhance employee’s mental wellbeing and overall quality of life – an
exponential Transformative Social Impact benefit for ALL community stakeholders.
This is a massive undertaking, and we need all the help and financial support you can
give! We plan to help 75 young persons per quarter-year (aggregating to a total of 250
per year) in each jurisdiction we serve) at an average cost of under $2,500 per client,
per year. *
Thank you in advance for your support!
* FYI:
1 In addition to supporting our world-class programming and support services, all regular donors receive our Quarterly e-Newsletter
(The e-Advocate), as well as The e-Advocate Quarterly Magazine.
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1. The national average cost to taxpayers for minimum-security youth incarceration,
is around $43,000.00 per child, per year.
2. The average annual cost to taxpayers for maximum-security youth incarceration
is well over $148,000.00 per child, per year.
- (US News and World Report, December 9, 2014);
3. In every jurisdiction in the nation, the Plea Bargaining rate is above 99%.
The Judicial system engages in a tri-partite balancing task in every single one of these
matters, seeking to balance Rehabilitative Justice with Community Protection and
Judicial Economy, and, although the practitioners work very hard to achieve positive
outcomes, the scales are nowhere near balanced where people of color are involved.
We must reverse this trend, which is right now working very much against the best
interests of our young.
Our young people do not belong behind bars.
- Jack Johnson
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The Advocacy Foundation, Inc.
Helping Individuals, Organizations & Communities
Achieve Their Full Potential
…a compendium of works on
Social Justice
Activism
“Turning the Improbable Into the Exceptional”
Atlanta
Philadelphia
______
Dea. John C Johnson III, J.D.
Founding Partner & CEO
(878) 222-0450
Voice | Data | SMS
www.Advocacy.Foundation
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Biblical Authority
______
Psalm 89:14 (NIV)
14
Righteousness and justice are the foundation of your throne; love and faithfulness go before
you.
Isaiah 1:17
17
Learn to do right; seek justice. Defend the oppressed. Take up the cause of the fatherless; plead
the case of the widow.
Micah 6:8
8
He has shown you, O mortal, what is good. And what does the LORD require of you? To act
justly and to love mercy and to walk humbly with your God.
Deuteronomy 32:4
4
He is the Rock, his works are perfect, and all his ways are just. A faithful God who does no
wrong, upright and just is he.
Psalm 82:3
3
Defend the weak and the fatherless; uphold the cause of the poor and the oppressed.
Zechariah 7:9-10
9
“This is what the LORD Almighty said: ‘Administer true justice; show mercy and compassion to
one another. 10 Do not oppress the widow or the fatherless, the foreigner or the poor. Do not plot
evil against each other.’
Proverbs 31:8-9
8
Speak up for those who cannot speak for themselves, for the rights of all who are destitute.
9
Speak up and judge fairly; defend the rights of the poor and needy.
Jeremiah 22:3
3
This is what the LORD says: Do what is just and right. Rescue from the hand of the oppressor
the one who has been robbed. Do no wrong or violence to the foreigner, the fatherless or the
widow, and do not shed innocent blood in this place.
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Matthew 7:12
12
So in everything, do to others what you would have them do to you, for this sums up the Law
and the Prophets.
Luke 10:30-37
30
In reply Jesus said: “A man was going down from Jerusalem to Jericho, when he was attacked
by robbers. They stripped him of his clothes, beat him and went away, leaving him half dead. 31 A
priest happened to be going down the same road, and when he saw the man, he passed by on the
other side. 32 So too, a Levite, when he came to the place and saw him, passed by on the other
side. 33 But a Samaritan, as he traveled, came where the man was; and when he saw him, he took
pity on him. 34 He went to him and bandaged his wounds, pouring on oil and wine. Then he put
the man on his own donkey, brought him to an inn and took care of him. 35 The next day he took
out two denarii [a] and gave them to the innkeeper. ‘Look after him,’ he said, ‘and when I return, I
will reimburse you for any extra expense you may have.’
36
“Which of these three do you think was a neighbor to the man who fell into the hands of
robbers?”
37
The expert in the law replied, “The one who had mercy on him.”
Jesus told him, “Go and do likewise.”
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Table of Contents
…a compilation of works on
Social Justice
Activism
Biblical Authority
I. Introduction: Social Justice……….………………………………….. 19
II. Activism………………………………………………………………….. 35
III. Economic Injustice & Inequality…………………………………….. 43
IV. Educational Injustice…………….……………………………………. 65
V. Environmental Injustice…………………….………………………… 85
VI. Resource & Distributive Injustice.………………………………….. 115
VII. Social Justice Warriors…………..……………………………......... 121
VIII. References………………………………………….……………...... 125
______
Attachments
A. Social Justice Theory
B. Defining Social Justice In A Socially Unjust World
C. Social Justice and The Formal Principle of Freedom
Copyright © 2003 – 2020 The Advocacy Foundation, Inc. All Rights Reserved.
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This work is not meant to be a piece of original academic
analysis, but rather draws very heavily on the work of
scholars in a diverse range of fields. All material drawn upon
is referenced appropriately.
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I. Introduction
Social Justice
Social Justice is a concept of fair and just relations between the individual and society,
as measured by the distribution of wealth, opportunities for personal activity, and social
privileges. In Western as well as in older Asian cultures, the concept of social justice
has often referred to the process of ensuring that individuals fulfill their societal roles
and receive what was their due from society. In the current global grassroots
movements for social justice, the emphasis has been on the breaking of barriers for
social mobility, the creation of safety nets and economic justice.
Social justice assigns rights and duties in the institutions of society, which enables
people to receive the basic benefits and burdens of cooperation. The relevant
institutions often include taxation, social insurance, public health, public school, public
services, labor law and regulation of markets, to ensure fair distribution of wealth, and
equal opportunity.
Interpretations that relate justice to a reciprocal relationship to society are mediated by
differences in cultural traditions, some of which emphasize the individual responsibility
toward society and others the equilibrium between access to power and its responsible
use. Hence, social justice is invoked today while reinterpreting historical figures such as
Bartolomé de las Casas, in philosophical debates about differences among human
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beings, in efforts for gender, ethnic, and social equality, for advocating justice for
migrants, prisoners, the environment, and the physically and developmentally disabled.
While the concept of social justice can be traced through the theology of Augustine of
Hippo and the philosophy of Thomas Paine, the term "social justice" became used
explicitly in the 1780s. A Jesuit priest named Luigi Taparelli is typically credited with
coining the term, and it spread during the revolutions of 1848 with the work of Antonio
Rosmini-Serbati. However, recent research has proved that the use of the expression
"social justice" is older (even before the 19th century). For example, in Anglo-America,
the term appears in The Federalist Papers, No. 7: "We have observed the disposition to
retaliation excited in Connecticut in consequence of the enormities perpetrated by the
Legislature of Rhode Island; and we reasonably infer that, in similar cases, under other
circumstances, a war, not of parchment, but of the sword, would chastise such atrocious
breaches of moral obligation and social justice."
In the late industrial revolution, progressive American legal scholars began to use the
term more, particularly Louis Brandeis and Roscoe Pound. From the early 20th century
it was also embedded in international law and institutions; the preamble to establish the
International Labor Organization recalled that "universal and lasting peace can be
established only if it is based upon social justice." In the later 20th century, social justice
was made central to the philosophy of the social contract, primarily by John Rawls in A
Theory of Justice (1971). In 1993, the Vienna Declaration and Programme of Action
treats social justice as a purpose of human rights education.
Some authors such as Friedrich Hayek criticize the concept of social justice, arguing the
lack of objective, accepted moral standard; and that while there is a legal definition of
what is just and equitable "there is no test of what is socially unjust", and further that
social justice is often used for the reallocation of resources based on an arbitrary
standard which may in fact be inequitable or unjust.
History
The different concepts of justice, as discussed in ancient Western philosophy, were
typically centered upon the community.
An Artist's rendering of what Plato might have looked like, From Raphael's early 16th
century painting, Scuola di Atene
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Plato wrote in The Republic that it would be an ideal state that "every member of the
community must be assigned to the class for which he finds himself best fitted." In an
article for J.N.V University, author D.R. Bhandari says, "Justice is, for Plato, at once a
part of human virtue and the bond, which joins man together in society. It is the identical
quality that makes good and social. Justice is an order and duty of the parts of the soul,
it is to the soul as health is to the body. Plato says that justice is not mere strength, but
it is a harmonious strength. Justice is not the right of the stronger but the effective
harmony of the whole. All moral conceptions revolve about the good of the wholeindividual
as well as social".
Roman copy in marble of a Greek bronze bust of Aristotle by Lysippos, c. 330 BC.The
alabaster mantle is modern.
Plato believed rights existed only between free people, and the law should take
"account in the first instance of relations of inequality in which individuals are treated in
proportion to their worth and only secondarily of relations of equality." Reflecting this
time when slavery and subjugation of women was typical, ancient views of justice
tended to reflect the rigid class systems that still prevailed. On the other hand, for the
privileged groups, strong concepts of fairness and the community existed. Distributive
justice was said by Aristotle to require that people were distributed goods and assets
according to their merit.
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Socrates
Socrates (through Plato's dialogue Crito) is attributed with developing the idea of a
social contract, whereby people ought to follow the rules of a society, and accept its
burdens because they have accepted its benefits. During the Middle Ages, religious
scholars particularly, such as Thomas Aquinas continued discussion of justice in various
ways, but ultimately connected being a good citizen to the purpose of serving God.
After the Renaissance and Reformation, the modern concept of social justice, as
developing human potential, began to emerge through the work of a series of authors.
Baruch Spinoza in On the Improvement of the Understanding (1677) contended that the
one true aim of life should be to acquire "a human character much more stable than
[one's] own", and to achieve this "pitch of perfection... The chief good is that he should
arrive, together with other individuals if possible, at the possession of the aforesaid
character." During the enlightenment and responding to the French and American
Revolutions, Thomas Paine similarly wrote in The Rights of Man (1792) society should
give "genius a fair and universal chance" and so "the construction of government ought
to be such as to bring forward... all that extent of capacity which never fails to appear in
revolutions."
Social justice has been traditionally credited to be coined by Jesuit priest Luigi Taparelli
in the 1840s, but the expression is older
Although there is no certainty about the first use of the term "social justice", early
sources can be found in Europe in the 18th century. Some references to the use of the
expression are in articles of journals aligned with the spirit of the Enlightenment, in
which social justice is described as an obligation of the monarch; also the term is
present in books written by Catholic Italian theologians, notably members of the Society
of Jesus. Thus, according to this sources and the context, social justice was another
term for "the justice of society", the justice that rules the relations among individuals in
society, without any mention to socio-economic equity or human dignity.
The usage of the term started to become more frequent by Catholic thinkers from the
1840s, including the Jesuit Luigi Taparelli in Civiltà Cattolica, based on the work of St.
Thomas Aquinas. He argued that rival capitalist and socialist theories, based on
subjective Cartesian thinking, undermined the unity of society present in Thomistic
metaphysics as neither were sufficiently concerned with moral philosophy. Writing in
1861, the influential British philosopher and economist, John Stuart Mill stated in
Utilitarianism his view that "Society should treat all equally well who have deserved
equally well of it, that is, who have deserved equally well absolutely. This is the highest
abstract standard of social and distributive justice; towards which all institutions, and the
efforts of all virtuous citizens, should be made in the utmost degree to converge."
In the later 19th and early 20th century, social justice became an important theme in
American political and legal philosophy, particularly in the work of John Dewey, Roscoe
Pound and Louis Brandeis. One of the prime concerns was the Lochner era decisions of
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the US Supreme Court to strike down legislation passed by state governments and the
Federal government for social and economic improvement, such as the eight-hour day
or the right to join a trade union. After the First World War, the founding document of the
International Labor Organization took up the same terminology in its preamble, stating
that "peace can be established only if it is based on social justice". From this point, the
discussion of social justice entered into mainstream legal and academic discourse.
Thus, in 1931, the Pope
Pius XI stated the
expression for the first time
in the Catholic Social
Teaching in the encyclical
Quadragesimo Anno. Then
again in Divini Redepmtoris,
the Church pointed out that
the realization of social
justice relied on the
promotion of the dignity of
human person. The same
year, and because of the documented influence of Divini Redemptoris in its drafters, the
Constitution of Ireland was the first one to establish the term as a principle of the
economy in the State, and then other countries around the world did the same
throughout the 20th century, even in Socialist regimes such as the Cuban Constitution
in 1976.
In the late 20th century, a number of liberal and conservative thinkers, notably Friedrich
von Hayek rejected the concept by stating that it did not mean anything, or meant too
many things. However the concept remained highly influential, particularly with its
promotion by philosophers such as John Rawls. Even though the meaning of social
justice varies, at least three common elements can be identified in the contemporary
theories about it: a duty of the State to distribute certain vital means (such as economic,
social, and cultural rights), the protection of human dignity, and affirmative actions to
promote equal opportunities for everybody.
Cosmic Values
Contemporary Theory
Philosophical Perspectives
Hunter Lewis' work promoting natural healthcare and sustainable economies advocates
for conservation as a key premise in social justice. His manifesto on sustainability ties
the continued thriving of human life to real conditions, the environment supporting that
life, and associates injustice with the detrimental effects of unintended consequences of
human actions. Quoting classical Greek thinkers like Epicurus on the good of pursuing
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happiness, Hunter also cites ornithologist, naturalist, and philosopher Alexander Skutch
in his book Moral Foundations:
The common feature which unites the activities most consistently forbidden by the moral
codes of civilized peoples is that by their very nature they cannot be both habitual and
enduring, because they tend to destroy the conditions which make them possible.
Pope Benedict XVI cites Teilhard de Chardin in a vision of the cosmos as a 'living host'
embracing an understanding of ecology that includes humanity's relationship to others,
that pollution affects not just the natural world but interpersonal relations as well.
Cosmic harmony, justice and peace are closely interrelated:
If you want to cultivate peace, protect creation.
In The Quest for Cosmic Justice, Thomas Sowell writes that seeking utopia, while
admirable, may have disastrous effects if done without strong consideration of the
economic underpinnings that support contemporary society.
John Rawls
Political philosopher John Rawls draws on the utilitarian insights of Bentham and Mill,
the social contract ideas of John Locke, and the categorical imperative ideas of Kant.
His first statement of principle was made in A Theory of Justice where he proposed that,
"Each person possesses an inviolability founded on justice that even the welfare of
society as a whole cannot override. For this reason justice denies that the loss of
freedom for some is made right by a greater good shared by others." A deontological
proposition that echoes Kant in framing the moral good of justice in absolutist terms. His
views are definitively restated in Political Liberalism where society is seen "as a fair
system of co-operation over time, from one generation to the next".
All societies have a basic structure of social, economic, and political institutions, both
formal and informal. In testing how well these elements fit and work together, Rawls
based a key test of legitimacy on the theories of social contract. To determine whether
any particular system of collectively enforced social arrangements is legitimate, he
argued that one must look for agreement by the people who are subject to it, but not
necessarily to an objective notion of justice based on coherent ideological grounding.
Obviously, not every citizen can be asked to participate in a poll to determine his or her
consent to every proposal in which some degree of coercion is involved, so one has to
assume that all citizens are reasonable. Rawls constructed an argument for a two-stage
process to determine a citizen's hypothetical agreement:
The citizen agrees to be represented by X for certain purposes, and, to that
extent, X holds these powers as a trustee for the citizen.
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X agrees that enforcement in a particular social context is legitimate. The citizen,
therefore, is bound by this decision because it is the function of the trustee to
represent the citizen in this way.
This applies to one person who represents a small group (e.g., the organizer of a social
event setting a dress code) as equally as it does to national governments, which are
ultimate trustees, holding representative powers for the benefit of all citizens within their
territorial boundaries. Governments that fail to provide for welfare of their citizens
according to the principles of justice are not legitimate. To emphasize the general
principle that justice should rise from the people and not be dictated by the law-making
powers of governments, Rawls asserted that, "There is ... a general presumption
against imposing legal and other restrictions on conduct without sufficient reason. But
this presumption creates no special priority for any particular liberty." This is support for
an unranked set of liberties that reasonable citizens in all states should respect and
uphold — to some extent, the list proposed by Rawls matches the normative human
rights that have international recognition and direct enforcement in some nation states
where the citizens need encouragement to act in a way that fixes a greater degree of
equality of outcome. According to Rawls, the basic liberties that every good society
should guarantee are:
Freedom of thought;
Liberty of conscience as it affects social relationships on the grounds of religion,
philosophy, and morality;
Political liberties (e.g., representative democratic institutions, freedom of speech
and the press, and freedom of assembly);
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Freedom of association;
Freedoms necessary for the liberty and integrity of the person (namely: freedom
from slavery, freedom of movement and a reasonable degree of freedom to
choose one's occupation); and
Rights and liberties covered by the rule of law.
Thomas Pogge
Thomas Pogge's arguments pertain to a standard of social justice that creates human
rights deficits. He assigns responsibility to those who actively cooperate in designing or
imposing the social institution, that the order is foreseeable as harming the global poor
and is reasonably avoidable. Pogge argues that social institutions have a negative duty
to not harm the poor.
Pogge speaks of "institutional cosmopolitanism" and assigns responsibility to
institutional schemes for deficits of human rights. An example given is slavery and third
parties. A third party should not recognize or enforce slavery. The institutional order
should be held responsible only for deprivations of human rights that it establishes or
authorizes. The current institutional design, he says, systematically harms developing
economies by enabling corporate tax evasion, illicit financial flows, corruption, trafficking
of people and weapons. Joshua Cohen disputes his claims based on the fact that some
poor countries have done well with the current institutional design. Elizabeth Kahn
argues that some of these responsibilities should apply globally.
United Nations
The United Nations calls social justice "an underlying principle for peaceful and
prosperous coexistence within and among nations.
The United Nations’ 2006 document Social Justice in an Open World: The Role of the
United Nations, states that "Social justice may be broadly understood as the fair and
compassionate distribution of the fruits of economic growth ..."
The term "social justice" was seen by the U.N. "as a substitute for the protection of
human rights [and] first appeared in United Nations texts during the second half of the
1960s. At the initiative of the Soviet Union, and with the support of developing countries,
the term was used in the Declaration on Social Progress and Development, adopted in
1969."
The same document reports, "From the comprehensive global perspective shaped by
the United Nations Charter and the Universal Declaration of Human Rights, neglect of
the pursuit of social justice in all its dimensions translates into de facto acceptance of a
future marred by violence, repression and chaos." The report concludes, "Social justice
is not possible without strong and coherent redistributive policies conceived and
implemented by public agencies."
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The same UN document offers a concise history: "[T]he notion of social justice is
relatively new. None of history’s great philosophers—not Plato or Aristotle, or Confucius
or Averroes, or even Rousseau or Kant—saw the need to consider justice or the
redress of injustices from a social perspective. The concept first surfaced in Western
thought and political language in the wake of the industrial revolution and the parallel
development of the socialist doctrine. It emerged as an expression of protest against
what was perceived as the capitalist exploitation of labor and as a focal point for the
development of measures to improve the human condition. It was born as a
revolutionary slogan embodying the ideals of progress and fraternity. Following the
revolutions that shook Europe in the mid-1800s, social justice became a rallying cry for
progressive thinkers and political activists.... By the mid-twentieth century, the concept
of social justice had become central to the ideologies and programs of virtually all the
leftist and centrist political parties around the world ..."
Methodism
Religious Perspectives
Abrahamic Religions
Christianity
From its founding, Methodism was a Christian social justice movement. Under John
Wesley's direction, Methodists became leaders in many social justice issues of the day,
including the prison reform and abolition movements. Wesley himself was among the
first to preach for slaves rights attracting significant opposition.
Today, social justice plays a major role in the United Methodist Church. The Book of
Discipline of the United Methodist Church says, "We hold governments responsible for
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the protection of the rights of the people to free and fair elections and to the freedoms of
speech, religion, assembly, communications media, and petition for redress of
grievances without fear of reprisal; to the right to privacy; and to the guarantee of the
rights to adequate food, clothing, shelter, education, and health care." The United
Methodist Church also teaches population control as part of its doctrine.
Catholicism
Catholic social teaching consists of those aspects of Roman Catholic doctrine which
relate to matters dealing with the respect of the individual human life. A distinctive
feature of Catholic social doctrine is its concern for the poorest and most vulnerable
members of society. Two of the seven key areas of "Catholic social teaching" are
pertinent to social justice:
Life and dignity of the human person: The foundational principle of all "Catholic
Social Teaching" is the sanctity of all human life and the inherent dignity of every
human person, from conception to natural death. Human life must be valued
above all material possessions.
Preferential option for the poor and vulnerable: Catholics believe Jesus taught
that on the Day of Judgement God will ask what each person did to help the poor
and needy: "Amen, I say to you, whatever you did for one of these least brothers
of mine, you did for me." The Catholic Church believes that through words,
prayers and deeds one must show solidarity with, and compassion for, the poor.
The moral test of any society is "how it treats its most vulnerable members. The
poor have the most urgent moral claim on the conscience of the nation. People
are called to look at public policy decisions in terms of how they affect the poor."
Even before it was propounded in the Catholic social doctrine, social justice appeared
regularly in the history of the Catholic Church:
Pope Leo XIII, who studied under Taparelli, published in 1891 the encyclical
Rerum novarum (On the Condition of the Working Classes; lit. "On new things"),
rejecting both socialism and capitalism, while defending labor unions and private
property. He stated that society should be based on cooperation and not class
conflict and competition. In this document, Leo set out the Catholic Church's
response to the social instability and labor conflict that had arisen in the wake of
industrialization and had led to the rise of socialism. The Pope advocated that the
role of the State was to promote social justice through the protection of rights,
while the Church must speak out on social issues in order to teach correct social
principles and ensure class harmony.
The encyclical Quadragesimo anno (On Reconstruction of the Social Order,
literally "in the fortieth year") of 1931 by Pope Pius XI, encourages a living wage,
subsidiarity, and advocates that social justice is a personal virtue as well as an
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attribute of the social order, saying that society can be just only if individuals and
institutions are just.
Pope John Paul II added much to the corpus of the Catholic social teaching,
penning three encyclicals which focus on issues such as economics, politics,
geo-political situations, ownership of the means of production, private property
and the "social mortgage", and private property. The encyclicals Laborem
exercens, Sollicitudo rei socialis, and Centesimus annus are just a small portion
of his overall contribution to Catholic social justice. Pope John Paul II was a
strong advocate of justice and human rights, and spoke forcefully for the poor.
He addresses issues such as the problems that technology can present should it
be misused, and admits a fear that the "progress" of the world is not true
progress at all, if it should denigrate the value of the human person. He argued in
Centesimus annus that private property, markets, and honest labor were the
keys to alleviating the miseries of the poor and to enabling a life that can express
the fullness of the human person.
Pope Benedict XVI's encyclical Deus caritas est ("God is Love") of 2006 claims
that justice is the defining concern of the state and the central concern of politics,
and not of the church, which has charity as its central social concern. It said that
the laity has the specific responsibility of pursuing social justice in civil society
and that the church's active role in social justice should be to inform the debate,
using reason and natural law, and also by providing moral and spiritual formation
for those involved in politics.
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The official Catholic doctrine on social justice can be found in the book
Compendium of the Social Doctrine of the Church, published in 2004 and
updated in 2006, by the Pontifical Council Iustitia et Pax.
The Catechism of the Catholic Church (§§ 1928–1948) contains more detail of the
Church's view of social justice.
Islam
In Muslim history, Islamic governance has often been associated with social justice.
Establishment of social justice was one of the motivating factors of the Abbasid revolt
against the Umayyads. The Shi'a believe that the return of the Mahdi will herald in "the
messianic age of justice" and the Mahdi along with the Isa (Jesus) will end plunder,
torture, oppression and discrimination.
For the Muslim Brotherhood the implementation of social justice would require the
rejection of consumerism and communism. The Brotherhood strongly affirmed the right
to private property as well as differences in personal wealth due to factors such as hard
work.
However, the Brotherhood held Muslims had an obligation to assist those Muslims in
need. It held that zakat (alms-giving) was not voluntary charity, but rather the poor had
the right to assistance from the more fortunate. Most Islamic governments therefore
enforce the zakat through taxes.
Judaism
In To Heal a Fractured World: The Ethics of Responsibility, Rabbi Jonathan Sacks
states that social justice has a central place in Judaism. One of Judaism's most
distinctive and challenging ideas is its ethics of responsibility reflected in the concepts of
simcha ("gladness" or "joy"), tzedakah ("the religious obligation to perform charity and
philanthropic acts"), chesed ("deeds of kindness"), and tikkun olam ("repairing the
world").
Hinduism
Eastern Religions
The present-day Jāti hierarchy is undergoing changes for a variety of reasons including
'social justice', which is a politically popular stance in democratic India. Institutionalized
affirmative action has promoted this. The disparity and wide inequalities in social
behavior of the jātis – exclusive, endogamous communities centered on traditional
occupations – has led to various reform movements in Hinduism. While legally
outlawed, the caste system remains strong in practice.
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Traditional Chinese Religion
The Chinese concept of Tian Ming has occasionally been perceived as an expression of
social justice. Through it, the deposition of unfair rulers is justified in that civic
dissatisfaction and economical disasters is perceived as Heaven withdrawing its favor
from the Emperor. A successful rebellion is considered definite proof that the Emperor is
unfit to rule.
Social Justice Movements
Social justice is also a concept that is used to describe the movement towards a socially
just world, e.g., the Global Justice Movement. In this context, social justice is based on
the concepts of human rights and equality, and can be defined as "the way in which
human rights are manifested in the everyday lives of people at every level of society".
A number of movements are working to achieve social justice in society. These
movements are working toward the realization of a world where all members of a
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society, regardless of background or procedural justice, have basic human rights and
equal access to the benefits of their society.
Liberation Theology
Liberation theology is a movement in Christian theology which conveys the teachings of
Jesus Christ in terms of a liberation from unjust economic, political, or social conditions.
It has been described by proponents as "an interpretation of Christian faith through the
poor's suffering, their struggle and hope, and a critique of society and the Catholic faith
and Christianity through the eyes of the poor", and by detractors as Christianity
perverted by Marxism and Communism.
Although liberation theology has grown into an international and inter-denominational
movement, it began as a movement within the Catholic Church in Latin America in the
1950s–1960s. It arose principally as a moral reaction to the poverty caused by social
injustice in that region. It achieved prominence in the 1970s and 1980s. The term was
coined by the Peruvian priest, Gustavo Gutiérrez, who wrote one of the movement's
most famous books, A Theology of Liberation (1971). According to Sarah Kleeb, "Marx
would surely take issue," she writes, "with the appropriation of his works in a religious
context...there is no way to reconcile Marx's views of religion with those of Gutierrez,
they are simply incompatible. Despite this, in terms of their understanding of the
necessity of a just and righteous world, and the nearly inevitable obstructions along
such a path, the two have much in common; and, particularly in the first edition of [A
Theology of Liberation], the use of Marxian theory is quite evident."
Other noted exponents are Leonardo Boff of Brazil, Carlos Mugica of Argentina, Jon
Sobrino of El Salvador, and Juan Luis Segundo of Uruguay.
Healthcare
Social justice has more recently made its way into the field of bioethics. Discussion
involves topics such as affordable access to health care, especially for low income
households and families. The discussion also raises questions such as whether society
should bear healthcare costs for low income families, and whether the global
marketplace is the best way to distribute healthcare. Ruth Faden of the Johns Hopkins
Berman Institute of Bioethics and Madison Powers of Georgetown University focus their
analysis of social justice on which inequalities matter the most. They develop a social
justice theory that answers some of these questions in concrete settings.
Social injustices occur when there is a preventable difference in health states among a
population of people. These social injustices take the form of health inequities when
negative health states such as malnourishment, and infectious diseases are more
prevalent in impoverished nations. These negative health states can often be prevented
by providing social and economic structures such as primary healthcare which ensures
the general population has equal access to health care services regardless of income
level, gender, education or any other stratifying factors. Integrating social justice with
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health inherently reflects the social determinants of health model without discounting the
role of the bio-medical model.
Human Rights Education
The Vienna Declaration and Program of Action affirm that "Human rights education
should include peace, democracy, development and social justice, as set forth in
international and regional human rights instruments, in order to achieve common
understanding and awareness with a view to strengthening universal commitment to
human rights."
Ecology and Environment
Social justice principles are embedded in the larger environmental movement. The third
principle of The Earth Charter is Social and economic justice, which is described as
seeking to 1) Eradicate poverty as an ethical, social, and environmental imperative 2)
Ensure that economic activities and institutions at all levels promote human
development in an equitable and sustainable manner 3) Affirm gender equality and
equity as prerequisites to sustainable development and ensure universal access to
education, health care, and economic opportunity, and 4) Uphold the right of all, without
discrimination, to a natural and social environment supportive of human dignity, bodily
health, and spiritual well-being, with special attention to the rights of indigenous peoples
and minorities.
The Climate Justice and Environmental Justice movements also incorporate social
justice principles, ideas, and practices. Climate justice and environmental justice, as
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movements within the larger ecological and environmental movement, each incorporate
social justice in a particular way. Climate justice includes concern for social justice
pertaining to greenhouse gas emissions, climate-induced environmental displacement,
as well as climate change mitigation and adaptation. Environmental justice includes
concern for social justice pertaining to either environmental benefits or environmental
pollution based on their equitable distribution across communities of color, communities
of various socio/economic stratification, or any other barriers to justice.
Criticism
Many authors criticize the idea that there exists an objective standard of social justice.
Moral relativists deny that there is any kind of objective standard for justice in general.
Non-cognitivists, moral skeptics, moral nihilists, and most logical positivists deny the
epistemic possibility of objective notions of justice. Political realists believe that any
ideal of social justice is ultimately a mere justification for the status quo.
Many other people accept some of the basic principles of social justice, such as the
idea that all human beings have a basic level of value, but disagree with the elaborate
conclusions that may or may not follow from this. One example is the statement by H.
G. Wells that all people are "equally entitled to the respect of their fellowmen."
Friedrich Hayek of the Austrian School of economics rejects the very idea of social
justice as meaningless, religious, self-contradictory, and ideological, believing that to
realize any degree of social justice is unfeasible, and that the attempt to do so must
destroy all liberty:
There can be no test by which we can discover what is 'socially unjust' because there is
no subject by which such an injustice can be committed, and there are no rules of
individual conduct the observance of which in the market order would secure to the
individuals and groups the position which as such (as distinguished from the procedure
by which it is determined) would appear just to us. [Social justice] does not belong to the
category of error but to that of nonsense, like the term 'a moral stone'.
Ben O'Neill of the University of New South Wales argues that, for proponents of "social
justice":
the notion of "rights" is a mere term of entitlement, indicative of a claim for any possible
desirable good, no matter how important or trivial, abstract or tangible, recent or ancient.
It is merely an assertion of desire, and a declaration of intention to use the language of
rights to acquire said desire.
In fact, since the program of social justice inevitably involves claims for government
provision of goods, paid for through the efforts of others, the term actually refers to an
intention to use force to acquire one's desires. Not to earn desirable goods by rational
thought and action, production and voluntary exchange, but to go in there and forcibly
take goods from those who can supply them!
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II. Social Activism
Activism consists of efforts to promote, impede, direct, or intervene
in social, political, economic, or environmental reform with the desire to make changes
in society. Forms of activism range from mandate building in the community (including
writing letters to newspapers), petitioning elected officials, running or contributing to
a political campaign, preferential patronage (or boycott) of businesses, and
demonstrative forms of activism like rallies, street marches, strikes, sit-ins, or hunger
strikes.
Activism may be performed on a day-to-day basis in a wide variety of ways, including
through the creation of art (artivism), computer hacking (hacktivism), or simply in how
one chooses to spend their money (economic activism). For example, the refusal to buy
clothes or other merchandise from a company as a protest against the exploitation of
workers by that company could be considered an expression of activism. However, the
most highly visible and impactful activism often comes in the form of collective action, in
which numerous individuals coordinate an act of protest together in order to make a
bigger impact. Collective action that is purposeful, organized, and sustained over a
period of time becomes known as a social movement.
Historically, activists have used literature, including pamphlets, tracts, and books to
disseminate or propagate their messages and attempt to persuade their readers of
the justice of their cause. Research has now begun to explore how contemporary
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activist groups use social media to facilitate civic engagement and collective action
combining politics with technology.
Definitions of Activism
The Online Etymology Dictionary records the English words "activism" and "activist" as
in use in the political sense from the year 1920 or 1915 respectively. The history of the
word activism traces back to earlier understandings of collective behavior and social
action. As late as 1969 activism was defined as "the policy or practice of doing things
with decision and energy", without regard to a political signification, whereas social
action was defined as "organized action taken by a group to improve social conditions",
without regard to normative status. Following the surge of so-called "new social
movements" in the United States in the 1960s, a new understanding of activism
emerged as a rational and acceptable democratic option of protest or appeal. However,
the history of the existence of revolt through organized or unified protest in recorded
history dates back to the slave revolts of the 1st century BC(E) in the Roman Empire,
where under the leadership of former gladiator Spartacus 6,000 slaves rebelled and
were crucified from Capua to Rome in what became known as the Third Servile War.
In English history, the Peasants' Revolt erupted in response to the imposition of a poll
tax, and has been paralleled by other rebellions and revolutions in Hungary, Russia,
and more recently, for example, Hong Kong. In 1930 under the leadership of Mahatma
Gandhi thousands of protesting Indians participated in the Salt March, as a protest
against the oppressive taxes of their government, resulting in the imprisonment of
60,000 people and eventually independence of their nation. In nations throughout Asia,
Africa and South America, the prominence of activism organized by social
movements and especially under the leadership of civil activists or social
revolutionaries has pushed for increasing national self-reliance or, in some parts of the
developing world, collectivist communist or socialist organization and affiliation. Activism
has had major impacts on Western societies as well, particularly over the past century
through social movements such as the Labor movement, the Women's Rights
movement, and the civil rights movement.
Types of Activism
Activists can function in a number of roles, including judicial, environmental, internet
(technological) and design (art). Historically, most activism has focused on creating
substantive changes in the policy or practice of a government or industry. Some
activists try to persuade people to change their behavior directly (see also direct action),
rather than to persuade governments to change laws. For example, the cooperative
movement seeks to build new institutions which conform to cooperative principles, and
generally does not lobby or protest politically. Other activists try to persuade people or
government policy to remain the same, in an effort to counter change.
Activism is not an activity always performed by those who profess activism as a
profession. The term ″activist″ may apply broadly to anyone who engages in activism, or
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narrowly limited to those who choose political or social activism as a vocation or
characteristic practice.
Judicial and Citizen Activism
Judicial activism involves the efforts of public officials. Arthur Schlesinger, Jr. -
American historian, public intellectual, and social critic - introduced the term "judicial
activism" in a January 1946 Fortune magazine article titled "The Supreme Court:
1947". Activists can also be public watchdogs and whistle blowers, attempting to
understand all the actions of every form of government that acts in the name of the
people and hold it accountable to oversight and transparency. Activism involves an
engaged citizenry.
Environmental Activism
Environmental activism takes quite a few forms:
the protection of nature or the natural environment driven by a utilitarian
conservation ethic or a nature oriented preservationist ethic
the protection of the human environment (by pollution prevention or the
protection of cultural heritage or quality of life)
the conservation of depletable natural resources
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the protection of the function of critical earth system elements or processes such
as the climate.
Internet Activism
The power of Internet activism came into a global lens with the Arab Spring protests
starting in late 2010. People living in the Middle East and North African countries that
were experiencing revolutions used social networking to communicate information about
protests, including videos recorded on smart phones, which put the issues in front of an
international audience. This was the one of the first occasions in which social
networking technology was used by citizen-activists to circumvent state-controlled
media and communicate directly with the rest of the world. These types of practices of
Internet activism were later picked up and used by other activists in subsequent mass
mobilizations, such as the 15-M Movement in Spain in 2011, Occupy Gezi in Turkey in
2013, and more.
Internet activism may also refer to activism which focuses on protecting or changing the
Internet itself, also known as digital rights. The Digital Rights movement consists of
activists and organizations, such as the Electronic Frontier Foundation, who work to
protect the rights of people in relation to new technologies, particularly concerning the
Internet and other information and communications technologies.
Activism in Literature
Activism in literature (not to be confused with literary activism) includes the expression
of intended or advocated reforms, realized or unachieved, through published, written or
verbally promoted or communicated forms.
Economic Activism
Economic activism involves using the economic power of government, consumers, and
businesses for social and economic policy change. Both conservative and liberal groups
use economic activism to as a form of pressure to influence companies and
organizations to oppose or support particular political, religious, or social values and
behaviors. This is typically done either through preferential patronage to reinforce
"good" behavior and support companies one would like to succeed, or
through boycott or divestment to penalize "bad" behavior and pressure companies to
change or go out of business.
Consumer activism consists of activism carried out on behalf
of consumers for consumer protection or by consumers themselves. For instance,
activists in the free produce movement of the late 1700s protested against slavery by
boycotting goods produced with slave labor. Today, vegetarianism, veganism,
and freeganism are all forms of consumer activism which boycott certain types of
products. Other examples of consumer activism include simple living, a minimalist
lifestyle intended to reduce materialism and conspicuous consumption, and tax
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resistance, a form of direct action and civil disobedience in opposition to the
government that is imposing the tax, to government policy, or as opposition to taxation
in itself.
Shareholder activism involves shareholders using an equity stake in a corporation to put
pressure on its management. The goals of activist shareholders range from financial
(increase of shareholder value through changes in corporate policy, financing structure,
cost cutting, etc.) to non-financial (disinvestment from particular countries, adoption
of environmentally friendly policies, etc.).
Visual Activism
Design Activism locates design at the center
of promoting social change, raising
awareness on social/political issues, or
questioning problems associated with mass
production and consumerism. Design
Activism is not limited to one type of design.
commentary.
Art Activism or Artivism utilizes the medium of
visual art as a method of social or political
Science Activism
While scientists have been traditionally less likely to be politically active as scientists yet
aware of the need to better communicate the benefits of science, perception of
increased politicized discrediting of science has motivated some scientists and science
advocates to embrace an activist approach, such as that demonstrated in the March for
Science. Some see activism as a way to get "out of the lab" and enhance
communication efforts. Approaches to science activism vary from more aggressive
protests to suggestions that such activism should also include a more psychological,
marketing-oriented component that takes into account such factors as individual sense
of self, aversion to solutions to problems, and social perceptions.
Methods
Activists employ many different methods, or tactics, in pursuit of their goals. Decisions
over what tactics to use or not may be planned carefully in advance, result from
negotiations with law enforcement such as when and where to hold a rally, or be made
in the heat of the moment. The tactics chosen are significant because they can
determine how activists are perceived and what they are capable of accomplishing. For
example, nonviolent tactics generally tend to garner more public sympathy than violent
ones and are more than twice as effective in achieving stated goals.
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Charles Tilly developed the concept of a “repertoire of contention,” which describes the
full range of tactics available to activists at a given time and place. This repertoire
consists of all of the tactics which have been proven to be successful by activists in the
past, such as boycotts, petitions, marches, and sit-ins, and can be drawn upon by any
new activists and social movements. Activists may also innovate new tactics of protest.
These may be entirely novel, such as Douglas Schuler's idea of an "activist road trip", or
may occur in response to police oppression or countermovement resistance. New
tactics then spread to others through a social process known as diffusion, and if
successful, may become new additions to the activist repertoire.
Many contemporary activists now utilize new tactics through the Internet and other
information and communication technologies (ICTs), also known as Internet activism or
cyber-activism. Some scholars argue that many of these new tactics are digitally
analogous to the traditional offline tools of contention. Other digital tactics may be entire
new and unique, such as certain types of hacktivism. Together they form a new "digital
repertoire of contention" alongside the existing offline one. The rising use of digital tools
and platforms by activists has also increasingly led to the creation of decentralized
networks of activists that are self-organized and leaderless, or what is known
as franchise activism.
Common methods used for activism include:
Community building
o Artivism
o Communities of practice
o Conflict transformation
o Cooperative
o Cooperative movement
o Craftivism
o Grassroots
o Guerrilla gardening
o Transition movement
Lobbying
Media activism
o Culture jamming
o Hacktivism
o Internet activism
Peace activism
o Non-violent resistance
o Peace camps
o Peace vigil
o Moral purchasing
Petition
Political campaigning
Propaganda
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o Guerrilla communication
Protest
o Boycott
o Demonstration
o Direct action
o Performance Theater
o Protest songs
o Sit-in
Strike action
o Hunger strike
Activism Industry
Some groups and organizations participate in activism to such an extent that it can be
considered as an industry. In these cases, activism is often done full-time, as part of an
organization's core business. Many organizations in the activism industry are either nonprofit
organizations or non-governmental organizations with specific aims and objectives
in mind. Most activist organizations do not manufacture goods, but rather mobilized
personnel to recruit funds and gain media coverage.
The term activism industry has often been used to refer to
outsourced fundraising operations. However, activist organizations engage in other
activities as well. Lobbying, or the influencing of decisions made by government, is
another activist tactic. Many groups, including law firms, have designated staff assigned
specifically for lobbying purposes. In the United States, lobbying is regulated by the
federal government.
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Many government systems encourage public support of non-profit organizations by
granting various forms of tax relief for donations to charitable organizations.
Governments may attempt to deny these benefits to activists by restricting the political
activity of tax-exempt organizations.
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III. Economic Injustice &
Inequality
Justice in economics is a subcategory of welfare economics with models
frequently representing the ethical-social requirements of a given theory, whether "in the
large", as of a just social order, or "in the small", as in the equity of "how institutions
distribute specific benefits and burdens". That theory may or may not elicit acceptance.
In the Journal of Economic Literature classification codes 'justice' is scrolled to at JEL:
D63, wedged on the same line between 'Equity' and 'Inequality' along with 'Other
Normative Criteria and Measurement'. Categories above and below the line
are Externalities and Altruism.
Some ideas about justice and ethics overlap with the origins of economic thought, often
as to distributive justice and sometimes as to Marxian analysis. The subject is a topic
of normative economics and philosophy and economics. In early welfare economics,
where mentioned, 'justice' was little distinguished from maximization of all
individual utility functions or a social welfare function. As to the latter, Paul
Samuelson (1947), expanding on work of Abram Bergson, represents a social welfare
function in general terms as any ethical belief system required to order any
(hypothetically feasible) social states for the entire society as "better than", "worse
than", or "indifferent to" each other. Kenneth Arrow (1963) showed a difficulty of trying to
extend a social welfare function consistently across different hypothetical ordinal utility
functions even apart from justice. Utility maximization survives, even with the rise
of ordinal-utility/Pareto theory, as an ethical basis for economic-policy judgments in the
wealth-maximization criterion invoked in law and economics.
Amartya Sen (1970), Kenneth Arrow (1983), Serge-Christophe Kolm (1969, 1996,
2000), and others have considered ways in which utilitarianism as an approach to
justice is constrained or challenged by independent claims of equality in
the distribution of primary goods, liberty, entitlements, opportunity, exclusion of
antisocial preferences, possible capabilities, and fairness as non-envy plus Pareto
efficiency. Alternate approaches have treated combining concern for the worst off
with economic efficiency, the notion of personal responsibility and (de)merits of leveling
individual benefits downward, claims of intergenerational justice, and other nonwelfarist/Pareto
approaches. Justice is a subarea of social choice theory, for example
as to extended sympathy, and more generally in the work of Arrow, Sen, and others.
A broad reinterpretation of justice from the perspective of game theory, social contract
theory, and evolutionary naturalism is found in works of Ken Binmore (1994, 1998,
2004) and others. Arguments on fairness as an aspect of justice have been invoked to
explain a wide range of behavioral and theoretical applications,supplementing earlier
emphasis on economic efficiency (Konow, 2003).
________
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Economic Inequality
There are a wide variety of types of economic inequality, most notably measured
using the distribution of income (the amount of money people are paid) and
the distribution of wealth (the amount of wealth people own). Besides economic
inequality between countries or states, there are important types of economic inequality
between different groups of people.
Important types of economic measurements focus on wealth, income, and consumption.
There are many methods for measuring economic inequality, with the Gini
coefficient being a widely used one. Another type of measure is the Inequality-adjusted
Human Development Index, which is a statistic composite index that takes inequality
into account. Important concepts of equality include equity, equality of outcome,
and equality of opportunity.
Research suggests that greater inequality hinders economic growth, with land
and human capital inequality reducing growth more than inequality of income. Whereas
globalization has reduced global inequality (between nations), it has increased
inequality within nations.
Measurements
Share of income of the top 1% for selected
developed countries, 1975 to 2015
In 1820, the ratio between the income of the
top and bottom 20 percent of the world's
population was three to one. By 1991, it
was eighty-six to one. A 2011 study titled
"Divided we Stand: Why Inequality Keeps
Rising" by the Organisation for Economic
Co-operation and Development (OECD)
sought to explain the causes for this rising
inequality by investigating economic
inequality in OECD countries; it concluded
that following factors had a role:
Changes in the structure of households can play an important role. Singleheaded
households in OECD countries have risen from an average of 15% in the
late 1980s to 20% in the mid-2000s, resulting in higher inequality.
Assortative mating refers to the phenomenon of people marrying people with
similar background, for example doctors marrying doctors rather than nurses.
OECD found out that 40% of couples where both partners work belonged to the
same or neighboring earnings deciles compared with 33% some 20 years before.
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In the bottom percentiles number of hours worked has decreased.
The main reason for increasing inequality seems to be the difference between
the demand for and supply of skills.
The study made the following conclusions about the level of economic inequality:
Income inequality in OECD countries is at its highest level for the past half
century. The ratio between the bottom 10% and the top 10% has increased from
1:7, to 1:9 in 25 years.
There are tentative signs of a possible convergence of inequality levels towards a
common and higher average level across OECD countries.
With very few exceptions (France, Japan, and Spain), the wages of the 10%
best-paid workers have risen relative to those of the 10% lowest paid.
A 2011 OECD study investigated economic inequality
in Argentina, Brazil, China, India, Indonesia, Russia and South Africa. It concluded that
key sources of inequality in these countries include "a large, persistent informal sector,
widespread regional divides (e.g. urban-rural), gaps in access to education, and barriers
to employment and career progression for women."
Countries by total wealth (trillions USD),
Credit Suisse
World map of countries by the inequalityadjusted
Human Development Index.
A study by the World Institute for Development Economics Research at United Nations
University reports that the richest 1% of adults alone owned 40% of global assets in the
year 2000. The three richest people in the world possess more financial assets than the
lowest 48 nations combined. The combined wealth of the "10 million dollar millionaires"
grew to nearly $41 trillion in 2008. A January 2014 report by Oxfam claims that the 85
wealthiest individuals in the world have a combined wealth equal to that of the bottom
50% of the world's population, or about 3.5 billion people. According to a Los Angeles
Times analysis of the report, the wealthiest 1% owns 46% of the world's wealth; the 85
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richest people, a small part of the wealthiest 1%, own about 0.7% of the human
population's wealth, which is the same as the bottom half of the population. In January
2015, Oxfam reported that the wealthiest 1 percent will own more than half of the global
wealth by 2016. An October 2014 study by Credit Suisse also claims that the top 1%
now own nearly half of the world's wealth and that the accelerating disparity could
trigger a recession.
In October 2015, Credit Suisse published a study which shows global inequality
continues to increase, and that half of the world's wealth is now in the hands of those in
the top percentile, whose assets each exceed $759,900. A 2016 report by Oxfam claims
that the 62 wealthiest individuals own as much wealth as the poorer half of the global
population combined. Oxfam's claims have however been questioned on the basis of
the methodology used: by using net wealth (adding up assets and subtracting debts),
the Oxfam report, for instance, finds that there are more poor people in the United
States and Western Europe than in China (due to a greater tendency to take on
debts). Anthony Shorrocks, the lead author of the Credit Suisse report which is one of
the sources of Oxfam's data, considers the criticism about debt to be a "silly argument"
and "a non-issue … a diversion." Oxfam's 2017 report says the top eight billionaires
have as much wealth as the bottom half of the global population, and that rising
inequality is suppressing wages, as businesses are focused on delivering higher returns
to wealthy owners and executives. In 2018, the Oxfam report said that the wealth gap
continued to widen in 2017, with 82% of global wealth generated going to the wealthiest
1%. The 2019 Oxfam report said that the poorest half of the human population has been
losing wealth (around 11%) at the same time that a billionaire is minted every two
days. The 2020 report, while noting that 2,153 billionaires owned as much wealth as the
bottom 4.6 billion people in 2019, highlighted the widening gap between genders largely
as the result of unpaid care work performed by women, and stated that "our economic
system was built by rich and powerful men, who continue to make the rules and reap
the lion’s share of the benefit. Worldwide men own 50% more wealth than women."
Wealth inequality in the United States
increased from 1989 to 2013.
According to PolitiFact, the top 400 richest
Americans "have more wealth than half of all
Americans combined." According to The New York
Times on July 22, 2014, the "richest 1 percent in
the United States now own more wealth than the
bottom 90 percent". Inherited wealth may help
explain why many Americans who have become rich may have had a "substantial head
start". In September 2012, according to the Institute for Policy Studies (IPS), "over 60
percent" of the Forbes richest 400 Americans "grew up in substantial privilege". A 2017
report by the IPS said that three individuals, Jeff Bezos, Bill Gates and Warren Buffett,
own as much wealth as the bottom half of the population, or 160 million people, and that
the growing disparity between the wealthy and the poor has created a "moral crisis",
noting that "we have not witnessed such extreme levels of concentrated wealth and
Page 46 of 161
power since the first gilded age a century ago." In 2016, the world's billionaires
increased their combined global wealth to a record $6 trillion. In 2017, they increased
their collective wealth to 8.9 trillion. Income inequality in the US is significantly worse
than people think. In 2018, U.S. income inequality reached the highest level ever
recorded by the Census Bureau.
The existing data and estimates suggest a large increase in international (and more
generally inter-macroregional) component between 1820 and 1960. It might have
slightly decreased since that time at the expense of increasing inequality within
countries. The United Nations Development Programme in 2014 asserted that greater
investments in social security, jobs and laws that protect vulnerable populations are
necessary to prevent widening income inequality.
There is a significant difference in the measured wealth distribution and the public's
understanding of wealth distribution. Michael Norton of the Harvard Business
School and Dan Ariely of the Department of Psychology at Duke University found this to
be true in their research, done in 2011. The actual wealth going to the top quintile in
2011 was around 84% where as the average amount of wealth that the general public
estimated to go to the top quintile was around 58%.
Two researchers claim that global income inequality is decreasing, due to strong
economic growth in developing countries. However, the OECD reported in 2015 that
income inequality is higher than it has ever been within OECD member nations and is at
increased levels in many emerging economies. According to a June 2015 report by
the International Monetary Fund:
Widening income inequality is the defining challenge of our time. In advanced economies,
the gap between the rich and poor is at its highest level in decades. Inequality trends
have been more mixed in emerging markets and developing countries (EMDCs), with
some countries experiencing declining inequality, but pervasive inequities in access to
education, health care, and finance remain.
In October 2017, the IMF warned that inequality within nations, in spite of global
inequality falling in recent decades, has risen so sharply that it threatens economic
growth and could result in further political polarization. The Fund's Fiscal Monitor report
said that "progressive taxation and transfers are key components of efficient fiscal
redistribution." In October 2018 Oxfam published a Reducing Inequality Index which
measured social spending, tax and workers' rights to show which countries were best at
closing the gap between rich and poor.
Wealth Distribution within Individual Countries
The following table shows information about individual wealth distribution in different
countries, from a 2018 report by Crédit Suisse.
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Median and mean wealth per adult, in US dollars. Countries and subnational areas.
Initially in rank order by median wealth.
Country or
subnational area
Median
wealth
per adult.
US dollars
Mean
wealth
per adult.
US dollars
Ratio (%)
of
median
to mean
Adults.
thousands
Iceland 203,847 555,726 36.68 248
Australia 191,453 411,060 46.58 18,433
Switzerland 183,339 530,244 34.58 6,811
Luxembourg 164,284 412,127 39.86 456
Belgium 163,429 313,045 52.21 8,869
Netherlands 114,935 253,205 45.39 13,260
France 106,827 280,580 38.07 49,478
Canada 106,342 288,263 36.89 28,858
Japan 103,861 227,235 45.71 105,108
New Zealand 98,613 289,798 34.03 3,486
United Kingdom 97,169 279,048 34.82 50,919
Singapore 91,656 283,118 32.37 4,552
Spain 87,188 191,177 45.61 37,410
Norway 80,054 291,103 27.50 4,057
Italy 79,239 217,787 36.38 48,527
Taiwan 78,177 212,375 36.81 19,139
Malta 76,116 140,629 54.13 347
Ireland 72,473 232,952 31.11 3,460
Austria 70,074 231,368 30.29 7,075
South Korea 65,463 171,739 38.12 41,381
United States 61,667 403,974 15.27 242,972
Denmark 60,999 286,712 21.28 4,450
Qatar 59,978 121,638 49.31 2,177
Hong Kong 58,905 244,672 24.08 6,224
Israel 54,966 174,129 31.57 5,405
Finland 45,606 161,062 28.32 4,327
Greece 40,789 108,127 37.72 9,019
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62
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65
66
67
68
69
70
71
72
Sweden 39,709 249,765 15.90 7,689
Germany 35,169 214,893 16.37 67,470
Slovenia 34,043 79,097 43.04 1,676
Portugal 31,313 109,362 28.63 8,377
Libya 26,939 61,701 43.66 4,085
Kuwait 26,278 91,374 28.76 3,045
United Arab Emirates 25,267 88,173 28.66 7,752
Chile 23,812 62,222 38.27 13,166
Seychelles 21,349 48,652 43.88 68
Slovakia 21,203 34,781 60.96 4,339
Estonia 18,895 57,806 32.69 1,034
Croatia 17,131 35,951 47.65 3,342
Czech Republic 17,018 61,489 27.68 8,529
Mauritius 16,472 35,668 46.18 943
China 16,333 47,810 34.16 1,085,003
Hungary 15,026 37,594 39.97 7,826
Aruba 14,901 45,612 32.67 79
Oman 14,304 41,804 34.22 3,450
Brunei 14,154 42,925 32.97 298
Bahrain 13,385 38,882 34.42 1,153
Saudi Arabia 12,847 43,174 29.76 22,629
Uruguay 12,556 39,194 32.04 2,484
Montenegro 12,060 24,746 48.74 475
Bahamas 11,385 47,822 23.81 288
Lithuania 11,161 24,600 45.37 2,306
Bulgaria 11,013 23,984 45.92 5,752
Poland 10,572 31,794 33.25 30,626
Cyprus 10,384 100,308 10.35 909
Costa Rica 9,813 31,717 30.94 3,490
Barbados 8,522 28,762 29.63 213
Panama 8,358 28,897 28.92 2,655
Albania 8,157 16,957 48.10 2,201
Latvia 7,540 33,958 22.20 1,557
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75
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109
Georgia 7,078 16,725 42.32 2,940
Malaysia 7,000 27,970 25.03 21,372
Gabon 6,973 16,342 42.67 1,124
Tonga 6,796 15,255 44.55 58
Bosnia and Herzegovina 6,762 14,110 47.92 2,805
South Africa 6,726 22,191 30.31 35,434
Romania 6,658 20,321 32.76 15,582
Samoa 6,516 18,154 35.89 105
Iraq 6,515 14,192 45.91 19,160
Tunisia 6,226 14,932 41.70 8,014
Peru 6,036 22,508 26.82 20,766
Mexico 5,784 20,620 28.05 83,850
Jordan 5,745 13,328 43.10 5,371
North Macedonia 5,640 12,551 44.94 1,612
Dominica 5,548 23,937 23.18 54
Trinidad and Tobago 5,076 15,719 32.29 1,002
Colombia 4,937 18,239 27.07 33,751
Serbia 4,903 10,743 45.64 6,809
Turkmenistan 4,824 10,446 46.18 3,548
Antigua and Barbuda 4,712 19,497 24.17 70
El Salvador 4,616 15,219 30.33 4,024
Mongolia 4,616 10,295 44.84 1,960
Brazil 24,263 31,724 32.58 145,836
Namibia 3,944 11,704 33.70 1,356
Lebanon 3,932 33,726 11.66 4,162
Solomon Islands 3,835 9,035 42.45 312
Grenada 3,704 16,081 23.03 71
Botswana 3,652 10,793 33.84 1,375
Saint Lucia 3,525 11,146 31.63 131
Azerbaijan 3,410 7,530 45.29 6,915
Armenia 3,391 7,583 44.72 2,175
Fiji 3,254 8,031 40.52 574
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Ecuador 3,211 11,068 29.01 10,507
Argentina 3,176 11,530 27.55 29,953
Algeria 3,175 9,077 34.98 26,565
Angola 3,175 7,921 40.08 12,934
Equatorial Guinea 3,057 9,398 32.53 695
Honduras 2,887 10,675 27.04 5,417
Russia 2,739 19,997 13.70 112,039
Maldives 2,702 6,808 39.69 308
Turkey 2,677 18,555 14.43 54,411
Paraguay 2,589 9,075 28.53 4,181
Saint Vincent and the
Grenadines
2,547 10,882 23.41 75
Jamaica 2,507 8,924 28.09 1,983
Morocco 2,426 9,305 26.07 23,218
Sri Lanka 2,415 5,758 41.94 14,311
Vanuatu 2,346 5,355 43.81 152
Belize 2,298 8,961 25.64 221
Djibouti 2,123 5,389 39.40 569
Papua New Guinea 2,117 6,254 33.85 4,488
Bolivia 2,111 7,306 28.89 6,530
Philippines 1,915 8,349 22.94 62,043
Iran 1,899 4,779 39.74 57,018
Vietnam 1,806 4,560 39.61 67,300
Kyrgyzstan 1,797 4,200 42.79 3,668
Pakistan 1,711 3,816 44.84 110,625
Indonesia 1,597 8,919 17.91 170,221
Laos 1,567 5,215 30.05 3,946
Eritrea 1,499 3,412 43.93 2,462
Guyana 1,454 4,620 31.47 475
Eswatini 1,388 4,219 32.90 719
Cambodia 1,365 3,404 40.10 9,598
Zimbabwe 1,317 3,216 40.95 8,103
São Tomé and Príncipe 1,311 2,987 43.89 96
East Timor 1,303 2,513 51.85 584
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India 1,289 7,024 18.35 850,210
Senegal 1,270 3,077 41.27 7,525
Benin 1,237 2,972 41.62 5,300
Republic of the Congo 1,219 3,361 36.27 2,546
Suriname 1,147 5,198 22.07 368
Ivory Coast 1,119 2,958 37.83 11,501
Thailand 1,085 9,969 10.88 52,639
Nicaragua 1,054 3,721 28.33 3,858
Bangladesh 1,006 2,332 43.14 102,793
Comoros 971 2,729 35.58 412
Togo 917 2,324 39.46 3,800
Cameroon 897 2,282 39.31 11,413
Kenya 880 2,306 38.16 24,546
Lesotho 857 2,640 32.46 1,208
Nepal 834 2,054 40.60 17,150
Mauritania 764 1,756 43.51 2,239
Belarus 740 1,514 48.88 7,427
Myanmar 739 1,515 48.78 34,334
Haiti 619 2,472 25.04 6,300
Tajikistan 618 1,364 45.31 4,995
Yemen 594 1,967 30.20 14,122
Burkina Faso 569 1,317 43.20 8,571
Syria 500 1,190 42.02 9,477
Mali 468 1,094 42.78 7,834
Liberia 410 1,015 40.39 2,279
Ghana 398 934 42.61 14,972
Zambia 390 1,197 32.58 7,641
Tanzania 383 865 44.28 25,944
Niger 379 863 43.92 8,579
Egypt 346 3,717 9.31 57,160
Central African Republic 332 960 34.58 2,132
Gambia 327 889 36.78 936
Guinea 323 816 39.58 6,077
Guinea-Bissau 296 701 42.23 909
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Chad 294 735 40.00 6,319
Afghanistan 290 643 45.10 16,245
Uganda 287 710 40.42 17,941
Rwanda 254 660 38.48 6,123
Sudan 231 530 43.58 19,846
Nigeria 208 1,572 13.23 88,264
Mozambique 201 482 41.70 13,360
Madagascar 179 432 41.44 12,471
Sierra Leone 153 355 43.10 3,596
Kazakhstan 152 5,122 2.97 12,086
Burundi 142 321 44.24 4,972
DR Congo 123 331 37.16 35,869
Ethiopia 78 167 46.71 51,036
Malawi 54 141 38.30 8,493
Ukraine 430 3,964 10.85 35,267
Income Distribution within Individual Countries
Countries' income inequality
according to their most recent
reported Gini index values
(often 10+ years old) as of
2014:
red = high, green = low
inequality
A Gini index value above 50 is
considered high; countries
including Brazil, Colombia, South
Africa, Botswana, and Honduras can be found in this category. A Gini index value of 30
or above is considered medium; countries including Vietnam, Mexico, Poland, the
United States, Argentina, Russia and Uruguay can be found in this category. A Gini
index value lower than 30 is considered low; countries including Austria, Germany,
Denmark, Slovenia, Sweden and Ukraine can be found in this category.
Various Proposed Causes of Economic Inequality
There are various reasons for economic inequality within societies. Recent growth in
overall income inequality, at least within the OECD countries, has been driven mostly by
increasing inequality in wages and salaries.
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Economist Thomas Piketty argues that widening economic disparity is an inevitable
phenomenon of free market capitalism when the rate of return of capital (r) is greater
than the rate of growth of the economy (g).
Labor Market
A major cause of economic inequality within modern market economies is the
determination of wages by the market. Where competition is imperfect; information
unevenly distributed; opportunities to acquire education and skills unequal; market
failure results. Since many such imperfect conditions exist in virtually every market,
there is in fact little presumption that markets are in general efficient. This means that
there is an enormous potential role for government to correct such market failures.
Taxes
Malthusian Argument
Another cause is the rate at which income is taxed coupled with the progressivity of the
tax system. A progressive tax is a tax by which the tax rate increases as the taxable
base amount increases. In a progressive tax system, the level of the top tax rate will
often have a direct impact on the level of inequality within a society, either increasing it
or decreasing it, provided that income does not change as a result of the change in tax
regime. Additionally, steeper tax progressivity applied to social spending can result in
a more equal distribution of income across the board. Tax credits such as the Earned
Income Tax Credit in the US can also decrease income inequality. The difference
between the Gini index for an income distribution before taxation and the Gini index
after taxation is an indicator for the effects of such taxation.
Education
Illustration from a 1916 advertisement for a vocational
school in the back of a US magazine. Education has been
seen as a key to higher income, and this advertisement
appealed to Americans' belief in the possibility of selfbetterment,
as well as threatening the consequences of
downward mobility in the great income inequality existing
during the Industrial Revolution.
An important factor in the creation of inequality is
variation in individuals' access to education. Education, especially in an area where
there is a high demand for workers, creates high wages for those with this
education. However, increases in education first increase and then decrease growth as
well as income inequality. As a result, those who are unable to afford an education, or
choose not to pursue optional education, generally receive much lower wages. The
justification for this is that a lack of education leads directly to lower incomes, and thus
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lower aggregate saving and investment. Conversely, education raises incomes and
promotes growth because it helps to unleash the productive potential of the poor.
Economic Liberalism, Deregulation and Decline of Unions
John Schmitt and Ben Zipperer (2006) of the CEPR point to economic liberalism and
the reduction of business regulation along with the decline of union membership as one
of the causes of economic inequality. In an analysis of the effects of intensive Anglo-
American liberal policies in comparison to continental European liberalism, where
unions have remained strong, they concluded "The U.S. economic and social model is
associated with substantial levels of social exclusion, including high levels of income
inequality, high relative and absolute poverty rates, poor and unequal educational
outcomes, poor health outcomes, and high rates of crime and incarceration. At the
same time, the available evidence provides little support for the view that U.S.-
style labor market flexibility dramatically improves labor-market outcomes. Despite
popular prejudices to the contrary, the U.S. economy consistently affords a lower level
of economic mobility than all the continental European countries for which data is
available."
More recently, the International Monetary Fund has published studies which found that
the decline of unionization in many advanced economies and the establishment
of neoliberal economics have fueled rising income inequality.
Information Technology
The growth in importance of information technology has been credited with increasing
income inequality. Technology has been called "the main driver of the recent increases
in inequality" by Erik Brynjolfsson, of MIT. In arguing against this explanation, Jonathan
Rothwell notes that if technological advancement is measured by high rates of
invention, there is a negative correlation between it and inequality. Countries with high
invention rates — "as measured by patent applications filed under the Patent
Cooperation Treaty" — exhibit lower inequality than those with less. In one country, the
United States, "salaries of engineers and software developers rarely reach" above
$390,000/year (the lower limit for the top 1% earners).
Globalization
"Elephant curve": Change in real
income between 1988 and 2008 at
various income percentiles of global
income distribution.
Trade liberalization may shift
economic inequality from a global to
a domestic scale. When rich
countries trade with poor countries,
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the low-skilled workers in the rich countries may see reduced wages as a result of the
competition, while low-skilled workers in the poor countries may see increased wages.
Trade economist Paul Krugman estimates that trade liberalization has had a
measurable effect on the rising inequality in the United States. He attributes this trend to
increased trade with poor countries and the fragmentation of the means of production,
resulting in low skilled jobs becoming more tradeable.
LSE anthropologist Jason Hickel contends that globalization and "structural adjustment"
set off the "race to the bottom", a significant driver of surging global inequality. Another
driver Hickel mentions is the debt system which advanced the need for structural
adjustment in the first place.
Gender
The gender gap in median earnings
of full-time employees according to
the OECD 2015
In many countries, there is a gender
pay gap in favor of males in the labor
market. Several factors other than
discrimination contribute to this gap.
On average, women are more likely
than men to consider factors other
than pay when looking for work, and
may be less willing to travel or relocate. Thomas Sowell, in his book Knowledge and
Decisions, claims that this difference is due to women not taking jobs due to marriage or
pregnancy. A U.S. Census's report stated that in US once other factors are accounted
for there is still a difference in earnings between women and men. The income gap in
other countries ranges from 53% in Botswana to -40% in Bahrain.
Economic Development
A Kuznets curve
Economist Simon Kuznets argued that
levels of economic inequality are in large
part the result of stages of development.
According to Kuznets, countries with low
levels of development have relatively
equal distributions of wealth. As a country
develops, it acquires more capital, which
leads to the owners of this capital having
more wealth and income and introducing
inequality. Eventually, through various
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possible redistribution mechanisms such as social welfare programs, more developed
countries move back to lower levels of inequality.
Wealth Concentration
As of 2019, Jeff Bezos is the richest
person in the world.
Wealth concentration is the process by which, under
certain conditions, newly created wealth concentrates in
the possession of already-wealthy individuals or entities.
Accordingly, those who already hold wealth have the
means to invest in new sources of creating wealth or to
otherwise leverage the accumulation of wealth, and thus
they are the beneficiaries of the new wealth. Over time,
wealth concentration can significantly contribute to the
persistence of inequality within society. Thomas Piketty
in his book Capital in the Twenty-First Century argues
that the fundamental force for divergence is the usually greater return of capital (r) than
economic growth (g), and that larger fortunes generate higher returns.
Rent Seeking
Economist Joseph Stiglitz argues that rather than explaining concentrations of wealth
and income, market forces should serve as a brake on such concentration, which may
better be explained by the non-market force known as "rent-seeking". While the market
will bid up compensation for rare and desired skills to reward wealth creation, greater
productivity, etc., it will also prevent successful entrepreneurs from earning excess
profits by fostering competition to cut prices, profits and large compensation. A better
explainer of growing inequality, according to Stiglitz, is the use of political power
generated by wealth by certain groups to shape government policies financially
beneficial to them. This process, known to economists as rent-seeking, brings income
not from creation of wealth but from "grabbing a larger share of the wealth that would
otherwise have been produced without their effort" [81]
Finance Industry
Jamie Galbraith argues that countries with larger financial sectors have greater
inequality, and the link is not an accident.
Global Warming
A 2019 study published in PNAS found that global warming plays a role in increasing
economic inequality between countries, boosting economic growth in developed
countries while hampering such growth in developing nations of the Global South. The
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study says that 25% of gap between the developed world and the developing world can
be attributed to global warming.
Mitigating Factors
Countries with a left-leaning legislature generally have lower levels of inequality. Many
factors constrain economic inequality – they may be divided into two classes:
government sponsored, and market driven. The relative merits and effectiveness of
each approach is a subject of debate.
Typical government initiatives to reduce economic inequality include:
Public education: increasing the supply of skilled labor and reducing income
inequality due to education differentials.
Progressive taxation: the rich are taxed proportionally more than the poor,
reducing the amount of income inequality in society if the change in taxation does
not cause changes in income.
Market forces outside of government intervention that can reduce economic inequality
include:
propensity to spend: with rising wealth & income, a person may spend more. In
an extreme example, if one person owned everything, they would immediately
need to hire people to maintain their properties, thus reducing the wealth
concentration.
Research shows that since 1300, the only periods with significant declines in wealth
inequality in Europe were the Black Death and the two World Wars. Historian Walter
Scheidel posits that, since the stone age, only extreme violence, catastrophes and
upheaval in the form of total war, Communist revolution, pestilence and state collapse
have significantly reduced inequality. He has stated that "only all-out thermonuclear war
might fundamentally reset the existing distribution of resources" and that "peaceful
policy reform may well prove unequal to the growing challenges ahead."
Effects
A lot of research has been done about the effects of economic inequality on different
aspects in society:
Health: British researchers Richard G. Wilkinson and Kate Pickett have found
higher rates of health and social problems (obesity, mental
illness, homicides, teenage births, incarceration, child conflict, drug use) in
countries and states with higher inequality. Some studies link a surge in "deaths
of despair", suicide, drug overdoses and alcohol related deaths, to widening
income inequality.
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Social goods: British researchers Richard G. Wilkinson and Kate Pickett have
found lower rates of social goods (life expectancy by country, educational
performance, trust among strangers, women's status, social mobility, even
numbers of patents issued) in countries and states with higher inequality.
Social cohesion: Research has shown an inverse link between income
inequality and social cohesion. In more equal societies, people are much more
likely to trust each other, measures of social capital (the benefits of goodwill,
fellowship, mutual sympathy and social connectedness among groups who make
up a social units) suggest greater community involvement.
Crime: In more equal societies homicide rates are consistently lower. A 2016
study finds that interregional inequality increases terrorism.
Welfare: Studies have found evidence that in societies where inequality is lower,
population-wide satisfaction and happiness tend to be higher.
Debt: Income inequality has been the driving factor in the growing household
debt, as high earners bid up the price of real estate and middle income earners
go deeper into debt trying to maintain what once was a middle class lifestyle.
Economic growth: A 2016 meta-analysis found that "the effect of inequality on
growth is negative and more pronounced in less developed countries than in rich
countries". The study also found that wealth inequality is more pernicious to
growth than income inequality.
Civic participation: Higher income inequality led to less of all forms of social,
cultural, and civic participation among the less wealthy.
Political instability: One study finds that income inequality increases political
instability: "more unequal societies are more politically unstable".
Perspectives
Fairness vs. Equality
According to Christina Starmans et al. (Nature Hum. Beh., 2017), the research literature
contains no evidence on people having an aversion on inequality. In all studies
analyzed, the subjects preferred fair distributions to equal distributions, in both
laboratory and real-world situations. In public, researchers may loosely speak of
equality instead of fairness, when referring to studies where fairness happens to
coincide with equality, but in many studies fairness is carefully separated from equality
and the results are univocal. Already very young children seem to prefer fairness over
equality.
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When people were asked, what would be the wealth of each quintile in their ideal
society, they gave a 50-fold sum to the richest quintile than to the poorest quintile. The
preference for inequality increases in adolescence, and so do the capabilities to favor
fortune, effort and ability in the distribution.
Preference for unequal distribution has been developed to the human race possibly
because it allows for better co-operation and allows a person to work with a more
productive person so that both parties benefit from the co-operation. Inequality is also
said to be able to solve the problems of free-riders, cheaters and ill-behaving people,
although this is heavily debated.
In many societies, such as the USSR, the distribution led to protests from wealthier
landowners. In the current U.S., many feel that the distribution is unfair in being too
unequal. In both cases, the cause is unfairness, not inequality, the researchers
conclude.
Socialist Perspectives
Socialists attribute the vast disparities in wealth to the private ownership of the means of
production by a class of owners, creating a situation where a small portion of the
population lives off unearned property income by virtue of ownership titles in capital
equipment, financial assets and corporate stock.
By contrast, the vast majority of the population is dependent on income in the form of a
wage or salary. In order to rectify this situation, socialists argue that the means of
production should be socially owned so that income differentials would be reflective
of individual contributions to the social product.
Marxist socialists ultimately predict the emergence of a communist society based on the
common ownership of the means of production, where each individual citizen would
have free access to the articles of consumption (From each according to his ability, to
each according to his need). According to Marxist philosophy, equality in the sense of
free access is essential for freeing individuals from dependent relationships, thereby
allowing them to transcend alienation.
Meritocracy
Meritocracy favors an eventual society where an individual's success is a direct function
of his merit, or contribution. Economic inequality would be a natural consequence of the
wide range in individual skill, talent and effort in human population. David Landes stated
that the progression of Western economic development that led to the Industrial
Revolution was facilitated by men advancing through their own merit rather than
because of family or political connections.
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Liberal Perspectives
Most modern social liberals, including centrist or left-of-center political groups, believe
that the capitalist economic system should be fundamentally preserved, but the status
quo regarding the income gap must be reformed. Social liberals favor a capitalist
system with active Keynesian macroeconomic policies and progressive taxation (to
even out differences in income inequality).
However, contemporary classical liberals and libertarians generally do not take a stance
on wealth inequality, but believe in equality under the law regardless of whether it leads
to unequal wealth distribution. In 1966 Ludwig von Mises, a prominent figure in
the Austrian School of economic thought, explains:
The liberal champions of equality under the law were fully aware of the fact that men are
born unequal and that it is precisely their inequality that generates social cooperation
and civilization. Equality under the law was in their opinion not designed to correct the
inexorable facts of the universe and to make natural inequality disappear. It was, on the
contrary, the device to secure for the whole of mankind the maximum of benefits it can
derive from it. Henceforth no man-made institutions should prevent a man from attaining
that station in which he can best serve his fellow citizens.
Robert Nozick argued that government redistributes wealth by force (usually in the form
of taxation), and that the ideal moral society would be one where all individuals are free
from force. However, Nozick recognized that some modern economic inequalities were
the result of forceful taking of property, and a certain amount of redistribution would be
justified to compensate for this force but not because of the inequalities themselves.
John Rawls argued in A Theory of Justice that inequalities in the distribution of wealth
are only justified when they improve society as a whole, including the poorest members.
Rawls does not discuss the full implications of his theory of justice. Some see Rawls's
argument as a justification for capitalism since even the poorest members of society
theoretically benefit from increased innovations under capitalism; others believe only a
strong welfare state can satisfy Rawls's theory of justice.
Classical liberal Milton Friedman believed that if government action is taken in pursuit of
economic equality then political freedom would suffer. In a famous quote, he said:
A society that puts equality before freedom will get neither. A society that puts freedom
before equality will get a high degree of both.
Economist Tyler Cowen has argued that though income inequality has increased within
nations, globally it has fallen over the 20 years leading up to 2014. He argues that
though income inequality may make individual nations worse off, overall, the world has
improved as global inequality has been reduced.
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Social Justice Arguments
Patrick Diamond and Anthony Giddens (professors of Economics and Sociology,
respectively) hold that 'pure meritocracy is incoherent because, without redistribution,
one generation's successful individuals would become the next generation's embedded
caste, hoarding the wealth they had accumulated'.
They also state that social justice requires redistribution of high incomes and large
concentrations of wealth in a way that spreads it more widely, in order to "recognise the
contribution made by all sections of the community to building the nation's wealth."
(Patrick Diamond and Anthony Giddens, June 27, 2005, New Statesman)
Pope Francis stated in his Evangelii gaudium, that "as long as the problems of the poor
are not radically resolved by rejecting the absolute autonomy of markets and financial
speculation and by attacking the structural causes of inequality, no solution will be found
for the world's problems or, for that matter, to any problems." He later declared that
"inequality is the root of social evil."
When income inequality is low, aggregate demand will be relatively high, because more
people who want ordinary consumer goods and services will be able to afford them,
while the labor force will not be as relatively monopolized by the wealthy.
Effects on Social Welfare
In most western democracies, the desire to eliminate or reduce economic inequality is
generally associated with the political left. One practical argument in favor of reduction
is the idea that economic inequality reduces social cohesion and increases social
unrest, thereby weakening the society. There is evidence that this is true (see inequity
aversion) and it is intuitive, at least for small face-to-face groups of people. Alberto
Alesina, Rafael Di Tella, and Robert MacCulloch find that inequality negatively
affects happiness in Europe but not in the United States.
It has also been argued that economic inequality invariably translates to political
inequality, which further aggravates the problem. Even in cases where an increase in
economic inequality makes nobody economically poorer, an increased inequality of
resources is disadvantageous, as increased economic inequality can lead to a power
shift due to an increased inequality in the ability to participate in democratic processes.
Capabilities Approach
The capabilities approach – sometimes called the human development approach –
looks at income inequality and poverty as form of "capability
deprivation". Unlike neoliberalism, which "defines well-being as utility maximization",
economic growth and income are considered a means to an end rather than the end
itself. Its goal is to "wid[en] people's choices and the level of their achieved well-
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being" through increasing functionings (the things a person values doing), capabilities
(the freedom to enjoy functionings) and agency (the ability to pursue valued goals).
When a person's capabilities are lowered, they are in some way deprived of earning as
much income as they would otherwise. An old, ill man cannot earn as much as a
healthy young man; gender roles and customs may prevent a woman from receiving an
education or working outside the home. There may be an epidemic that causes
widespread panic, or there could be rampant violence in the area that prevents people
from going to work for fear of their lives. As a result, income inequality increases, and it
becomes more difficult to reduce the gap without additional aid. To prevent such
inequality, this approach believes it is important to have political freedom, economic
facilities, social opportunities, transparency guarantees, and protective security to
ensure that people aren't denied their functionings, capabilities, and agency and can
thus work towards a better relevant income.
Policy Responses Intended to Mitigate
No business which depends for existence on paying less than living wages to its
workers has any right to continue in this country.
—President Franklin Delano Roosevelt, 1933
A 2011 OECD study makes a number of suggestions to its member countries, including:
Well-targeted income-support policies.
Facilitation and encouragement of access to employment.
Better job-related training and education for the low-skilled (on-the-job training)
would help to boost their productivity potential and future earnings.
Better access to formal education.
Progressive taxation reduces absolute income inequality when the higher rates on
higher-income individuals are paid and not evaded, and transfer payments and social
safety nets result in progressive government spending. Wage ratio legislation has also
been proposed as a means of reducing income inequality. The OECD asserts that
public spending is vital in reducing the ever-expanding wealth gap.
The economists Emmanuel Saez and Thomas Piketty recommend much higher top
marginal tax rates on the wealthy, up to 50 percent, 70 percent or even 90
percent. Ralph Nader, Jeffrey Sachs, the United Front Against Austerity, among others,
call for a financial transactions tax (also known as the Robin Hood tax) to bolster the
social safety net and the public sector.
The Economist wrote in December 2013: "A minimum wage, providing it is not set too
high, could thus boost pay with no ill effects on jobs....America's federal minimum wage,
at 38% of median income, is one of the rich world's lowest. Some studies find no harm
to employment from federal or state minimum wages, others see a small one, but none
finds any serious damage."
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General limitations on and taxation of rent-seeking are popular across the political
spectrum.
Public policy responses addressing causes and effects of income inequality in the US
include: progressive tax incidence adjustments, strengthening social safety
net provisions such as Aid to Families with Dependent Children, welfare, the food stamp
program, Social Security, Medicare, and Medicaid, organizing community interest
groups, increasing and reforming higher education subsidies,
increasing infrastructure spending, and placing limits on and taxing rent-seeking.
A 2017 study in the Journal of Political Economy by Daron Acemoglu, James
Robinson and Thierry Verdier argues that American "cutthroat" capitalism and inequality
gives rise to technology and innovation that more "cuddly" forms of capitalism
cannot. As a result, "the diversity of institutions we observe among relatively advanced
countries, ranging from greater inequality and risk-taking in the United States to the
more egalitarian societies supported by a strong safety net in Scandinavia, rather than
reflecting differences in fundamentals between the citizens of these societies, may
emerge as a mutually self-reinforcing world equilibrium. If so, in this equilibrium, 'we
cannot all be like the Scandinavians,' because Scandinavian capitalism depends in part
on the knowledge spillovers created by the more cutthroat American capitalism." A 2012
working paper by the same authors, making similar arguments, was challenged by Lane
Kenworthy, who posited that, among other things, the Nordic countries are consistently
ranked as some of the world's most innovative countries by the World Economic
Forum's Global Competitiveness Index, with Sweden ranking as the most innovative
nation, followed by Finland, for 2012–2013; the U.S. ranked sixth.
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IV. Educational Injustice
Education for Justice is the process of promoting a culture of lawfulness through
educational activities at all levels. Education for Justice aims at teaching the next
generation about crime prevention, and to better understand and address problems that
can undermine the rule of law. It promotes peace and encourages students to actively
engage in their communities and future professions. Education for Justice is a basic
legal knowledge, in which educational activities at all levels seek to promote
understanding of crime prevention, peace, justice, human rights, and problems that can
undermine the rule of law. Education reportedly plays a key role in transmitting and
sustaining socio-cultural norms and ensuring their continued evolution. As such,
governments may seek to strengthen this promotion of a culture of lawfulness through
education.
Education and Justice
Peace, justice, human rights and fundamental freedoms are considered to be of vital
importance for the stability and well-being of societies across the world. Governments
around the world believe that while regulatory frameworks on corruption, violence, and
crime are part of the responses to be given, the challenges still persist, often beyond
national borders and, increasingly, in globally interconnected ways.
Many governments strengthen efforts to uphold the principle of the rule of law (RoL) in
the daily lives of their citizens and through the public institutions that seek to serve
them. This is to promote and protect the safety, dignity and human rights of all
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people. The criminal justice sector has a key role to play and a specific responsibility.
The RoL is considered to be fundamental to all aspects of society, both public and
private, shaping the way individuals interact with each other and with public institutions
in all sectors of society – forging relationships of trust and mutual accountability.
National education systems are responsible for upholding and advancing the principles
of the RoL so that future generations hold state institutions accountable to these
principles and equip learners with the knowledge, values, attitudes and behaviours they
need to take constructive and ethically responsible decisions in their daily lives that
support justice and human rights.
It is on this basis that trusted and trustworthy institutions are constructed.
Rule of Law Related to Education
Rule of law in education aims at teaching learners how they can acquire and develop
the cognitive socio-emotional and behavioral experiences and skills needed to develop
into constructive and responsible contributors to society. Experts believe education
plays a key role in transmitting and sustaining socio-cultural norms and ensuring their
continued evolution.
Formal education contributes to helping children and youth to adopt values, such as
behaviors, attitudes and roles that form their personal and social identity. As they
develop, children and youth also develop the capacity to reflect critically on norms, and
to shape new norms that reflect contemporary conditions.
Education encourages learners to value, and apply, the principles of the RoL in their
daily lives. It also equips learners with the appropriate knowledge, values, attitudes, and
behaviors needed to contribute to its continued improvement and regeneration in
society more broadly.
This can be reflected, for instance, in the way learners demand greater transparency in,
or accountability of, public institutions, as well as through the everyday decisions that
learners take as ethically responsible and engaged citizens, family members, workers,
employers, friends, and consumers etc.
Culture of Lawfulness Related to Education
Culture of lawfulness (CoL) in education is the notion of fostering the RoL to create
cultural and social conditions which respects and promotes the RoL.
A CoL means that the general population in a society follows the law because it
believes that it provides a fair and just response to the needs of individuals and society
as a whole. It also means that individuals’ expectations about the law and the justice
system are reflected in their formal and informal interactions with the law.
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Teaching The Basics: Key Knowledge, Values,
Attitudes and Behaviors
Certain key knowledge, values, attitudes and behaviors empowers learners to carry out
the RoL and to participate in the continued development of a CoL within their
community.
Key Knowledge
Learners need to acquire knowledge, understanding and critical thinking about the
meaning of the RoL and a CoL, and how these concepts manifest in different social
settings and through established institutions, laws, mechanisms and procedures. Based
on established norms and factual evidence, learners are required to make
knowledgeable judgements about their environment. If education is to promote the RoL,
then it is key to teach about the ability to carry out critical thinking and analysis.
An integral part of the learning process is to understand and appreciate the linkages
between global and local issues. Violations of the RoL have far-reaching consequences
at the individual, community, national, regional and global levels, which impact different
countries and populations in ways that are often interconnected. It is important not to
underestimate the extent to which a CoL is embedded in national and local realities.
Therefore, teachers and students also need to understand their rights and
responsibilities and identify the behaviors that support democratic processes and the
RoL on a daily basis. These understandings depend on the context.
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Key areas of knowledge for learners to understand the meaning of the RoL and CoL,
include:
Good citizenship, representation of individuals’ voices in formal institutions, as
well as rights and duties of citizens;
The justice system;
Human rights;
Conflict prevention and peacebuilding;
Global, national, and local expressions of the RoL and culture of lawfulness;
Democratic values such as transparency, accountability and inclusiveness;
Local, visible expressions of a culture of lawfulness through pluralism and
egalitarianism;
Causes and consequences/impacts of crime on family, community, society, as
well as safety;
Responsible and ethical decision-making.
Key Attitudes and Values
Attitudes and values are developed across a broad range of settings, including in
the home, in schools, and through the experiences that individuals gain in broader
social and cultural contexts (i.e., through socio-emotional learning). Developing positive
attitudes and values is the foundation to the holistic and healthy development of
learners at all ages.
Attitudes and values also help learners make responsible decisions (proactive behavior)
and be resilient when faced with dangerous or threatening situations (responsive
behavior). Most importantly is the sense of ‘self-efficacy’, which means a belief in one’s
own abilities to meet challenges, complete a task successfully, and succeed in reaching
a specific goal. A sense of self-efficacy combined with high levels of motivation provide
the conditions for resilience, which is key to promoting a CoL and the RoL.
School practices that lead learners to address issues that affect their own lives and
those of their peers and family also nurture civic engagement, which is key to
the sustainability of a culture of lawfulness. When learners invest in learning processes
through a personal effort, they take individual and collective responsibilities that nurture
civic maturity. There are other outcomes of socio-emotional learning that are relevant to
the RoL, such as learning to value equality, fairness, mutual respect and integrity and
develop attitudes, values and capacities, including:
A sense of belonging to a community;
Self-identity and positive self-image;
Social awareness (empathy, inclusion);
Relationship skills (communication, cooperation, and conflict resolution);
A sense of personal security;
Resilience (especially for persons vulnerable to becoming a victim or being
recruited into crime);
Mindfulness;
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Empathetic concern and compassion;
Self-awareness;
Self-management;
Self-regulation.
Behaviors
The behavioral learning outcomes of Global Citizenship Education (GCE) are relevant
to the promotion of the RoL, specifically, to act effectively and responsibly at local,
national and global levels for a more peaceful and sustainable world, and to develop the
motivation and willingness to take necessary actions.
Learning to develop specific behaviors enhances
the efforts to promote the RoL. Such behaviors
include:
Active participation in democratic structures
and processes (in and out of school);
Participatory and democratic practices in
group decision-making;
Monitoring of RoL institutions and processes
(in and out of schools);
Actions to promote improvements in
RoL/CoL (at different levels of society).
‘Pro-social’ behaviors also function as protective factors, which benefit other people or
society as a whole and support learners’ well-being and sense of belonging to the
community. These pro-social behaviors include:
Actions of support and solidarity with survivors of violence and crime;
Respecting school property;
Participating in school community actions.
Speaking to Real Issues and Dilemmas
Educational strategies and pedagogies that seek to support positive behaviors must
address the real vulnerabilities and dilemmas to which learners are exposed.
Addressing Learners' Individual Vulnerabilities
Addressing learners’ individual vulnerabilities requires identifying two main categories:
Risk factors: those factors that increase the likelihood that a young person will
experience harm, engage in criminal activity, or become violent. Without
necessarily being the direct causes of unlawful behavior, risk factors increase
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learners’ vulnerability to engage in such behavior. Risk factors can be mitigated
by protective factors.
Protective factors: factors that encourage the positive development and wellbeing
of children. Protective factors shield young people from the risks of
experiencing harm, engaging in criminal activity, or becoming violent. Though
protective factors are less researched than risk factors, they are equally
important to develop effective educational prevention programs and, more
broadly, support learners’ socio-emotional, physical,
and intellectual development. Protective factors also nurture social
inclusion, civic engagement, agency and interconnectedness.
Risk and protective factors can be found at the individual, family, peer and social levels.
The more a learning context reduces risk factors and increases protective factors, the
more likely it will succeed in enhancing the well-being of the individual and, as a result,
strengthen their resilience to crime and violence.
Adult women and men, whether parents, educators or school personnel, may have a
different perception of learners’ degree of exposure to risk and their abilities to face
them. Therefore, learners need to be perceived and treated as knowledgeable and
engaged actors.
It not only increases the likelihood of gaining an accurate understanding of their learning
needs but also bolsters their sense of empowerment and strengthens their decisionmaking
abilities.
Assessment processes should take a positive approach to learners’ abilities by focusing
on questions such as, ‘what is going well?’ and ‘what are the learners’ strengths and
assets to face this situation?’ rather than exclusively considering “what is going wrong?’.
It is possible to identify relevant educational responses by distinguishing between three
types of prevention efforts, which also helps design relevant and impactful interventions:
Primary prevention 3 efforts target all learners, whether they show any level of
risk or not. At its core, primary prevention is about strengthening communities
and individuals, and ensuring their well-being and connectedness with
their families and communities.
Secondary prevention is provided in addition to primary prevention to individuals
who are at risk of victimization or involvement in violence or crimes. Early
indications might include problems of disrespecting the RoL or committing a
crime. In these contexts, some learners may be given additional academic
support and SEL-related trainings, if they are considered ‘at risk’ of being
victimized or of developing problematic behaviors.
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Tertiary prevention interventions are for learners who continue to struggle despite
primary and secondary prevention efforts. Most typically, these constitute a small
number of learners with the most serious patterns of problem behaviour and who
are often subject to victimization. These learners need specific support and
protective measures targeted at preventing the problem from getting worse or
trying to remediate it.
Addressing Real-Life Dilemmas
Schooling can potentially play a partial role in resolving deeper problems such
as corruption, organized crime or drug trafficking, educational programs must be
relevant to the real-life contexts of learners in order to deliver meaningful learning with
long-term impact. This means placing learners in the active role of problem solvers – i.e.
those who can understand and find solutions to realistic dilemmas and conflicts.
Learning about abstract notions of the RoL will not lead to sustainable change,
especially if there are differences between the RoL values taught in the classroom and
those that prevail in the school environment, families or society. In such contexts, it is
important that education
programs inspire and sustain learners’ motivation, confidence and creative abilities to
strive to improve their situation.
Education personnel and teachers need to help learners deal with the frustrations,
anger, and possible disillusionment in order to avoid cultivating cynicism or indifference.
They must develop hope and constructive responses that result from this discrepancy.
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Well-guided educational programs can foster personal transformations
that empower learners to play a constructive role in society and re-build the RoL (and its
institutions) where necessary. Such programs must take into account the social
environment of learners, and in particular, the degree of dissonance
between norms and values taught in schools and those that prevail outside.
Reinforcing Positive Behavior
It is necessary when working with children and youth, in particular those perceived as
vulnerable, to take a positive look at their skills, assets and attributes as the foundation
for further learning. This approach is much more effective than viewing young people as
lacking knowledge, skills or values to promote the RoL.
The challenge is to support positive and sustained behavior change when working with
vulnerable learners. This is important in a context where the enforcement of norms is
not sufficient and policymakers, therefore, need to ensure education systems create the
desire and conditions for positive behaviors and genuine sustainable change.
Depending on the age, gender, socio-economic background of learners and the social
context in which they live, this may involve developing educational policies that go
beyond conventional educational approaches to expose learners to new experiences
that bring to life abstract ideals. For example, rather than punishing inappropriate
behaviour, it can be effective to introduce mediation or reconciliation programmes. The
challenge is to ensure learners are able to apply their new skills in a real-world context.
Practicing What We Preach
Schools or any other educational setting who play a meaningful role in strengthening
the RoL, should carry out , and strive to apply, the principles of the RoL. This means
ensuring all aspects of school management and school life, including teacher-teacher
relations, learner-teacher relations, and school-family relations, are guided by
a culture of fairness, rights, accountability and transparency, consistent with
international human rights norms and standards.
Not all education staff are aware of their own behaviors, attitudes and biases (overt and
covert) and this can undermine their ability to speak credibly about the RoL and
contribute actively to its implementation on a daily basis. The principles of the RoL in
schools and classrooms is not easy and should be encouraged and supported by
education leaders.
Making the RoL and a CoL a priority is not just about transmitting knowledge but also
about values and behaviours that are modelled and enforced on a daily basis through
what is called the ‘hidden curriculum. ‘The ‘hidden curriculum’ of
the classroom and school transmits norms, values and beliefs to learners in ways other
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than formal teaching and learning processes and ensures learners develop the skills
and know-how they need to engage in society as ethically responsible citizens.
When teachers establish clear and fair classroom rules and enforce them equally,
children can understand what it means to follow the rules and observe first-hand that
they apply to all students equally. They witness that the same consequences apply to all
students who break them. Students will gain experience of transparency, accountability
and certainty, which are all key elements of the RoL. When teachers and students cocreate
classroom rules, it also sends the message that students have an active role to
play in shaping the rules that govern them. This is how a CoL is cultivated.
Classroom and school rules are one example in which the RoL comes alive for students
in everyday life.
Other approaches may include:
Guaranteeing the personal safety and well-being of children in the school
environment, particularly those students belonging to vulnerable groups;
Ensuring the transparency of school policies and practices that are in line
with human rights and supporting the RoL as well as accountability of school
leaders and teachers;
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Providing meaningful opportunities for learners to contribute to decisions that
affect them, including rules in the classroom and school and beyond through
student councils and other forms of student representation in various governance
levels (local, regional, national) of educational institutions;
Making it a priority to cultivate a climate of trust and openness where learners are
encouraged to share their opinions and to respectfully consider the views of
others;
Developing neutral and appropriate mechanisms for students and teachers to
use when someone (student, teacher or school leader) is in conflict with the
established rules;
Implementing policies of inclusion that embrace diversity in the curriculum and
facilitate the involvement of all learners in the life of the school.
The Importance of Creating Safe and Inclusive Learning Environments
Inclusive school policies and practices provide learners with the opportunity to
experience the RoL at first hand. Inclusive school policies create enabling environments
that support learners' outcomes and behaviors which are important to the RoL - such as
‘an appreciation and respect for diversity’, ‘a sense of belonging’ and ‘a willingness to
take action’.
Holistic learning environments can be created by working in partnership with learners
and their families and relevant community actors who may not necessarily have a
formal educational mandate, for example the artistic and sports community, cultural and
religious leaders, media, as well as business. Engaging with these actors in ways that
further illustrate how the RoL permeates all aspects of our lives can be an additional
way of bringing the RoL to life.
Curricular Support
Necessary Support Systems
There are numerous curricular strategies for implementing Rule of law (RoL) and
Culture of lawfulness (CoL) activities or programs. These strategies are intended for all
learners across different learning environments.
These curricular options are (not mutually exclusive):
A dedicated subject, such as ‘citizenship education’;
The infusion of themes and approaches predominantly within a few subjects,
such as history, social studies, civics or life skills education;
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A cross-curricular or transversal approach that infuses RoL principles – for
example, social and emotional learning (SEL) or human rights education - across
all subjects;
Whole school activities and practices including extracurricular clubs for learners,
experiential learning and community partnerships.
A global citizenship education (GCE) curriculum strategy that is cross-disciplinary and
not restricted to a single subject is encouraged. It should also be holistic and not
restricted just to content knowledge. In keeping with the general principles of GCE,
curriculum that supports the RoL will involve a participatory, learner-centered pedagogy
with values oriented toward personal and social transformation.
Peace education distinguishes between negative peace (a mere absence of violence)
and positive peace (peace that encompasses larger notions of justice). In both
instances, peace education often emphasizes the importance of conflict within a culture,
as it is often productive and indicative of true diversity. Peace education emphasizes the
importance of conflict transformation instead of conflict resolution.
Similarly, human rights education aims at transformation, where the goal is not merely
to teach about human rights, but to teach for human rights, empowering learners and
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teachers to act for social change. In certain cases, this might present both opportunities
and challenges for the pursuit of the RoL and a culture of lawfulness, especially where
there are conflicts between governmental educational objectives and broader human
rights considerations.
Teaching and Learning Resources
Curriculum frameworks come alive through educational resources that support teachers’
efforts in the classroom. Teaching resources are aimed at translating learning objectives
into engaging, accurate, and comprehensive materials for learners. This is can be seen
as challenging and requiring creativity. Writers can frame educational materials around
cooperative and group activities, bearing in mind that the materials should elicit
conversation and open discussion to reflect on what is of interests to learners, and to
also reflect on the transmitted messages and knowledge.
Learning Assessment
Assessments provide a measurement of learning and are a key component of the
teaching and learning process. Assessment techniques and tools should be
multifaceted and provide a variety of opportunities for students with different learning
styles to demonstrate their understanding and convey their ideas. Localized,
differentiated, and curriculum specific assessments are usually recommended. Many
different types of assessment tools are available, including stand-alone tests, longer
term courses, certification programs, and archives of assessment resources.
Other forms of assessment include peer assessment, self-assessment, and alternative
assessment. Peer assessment is designed to help students gain insight into the aspects
of learning that the teacher sees as important, and therefore
increases metacognitive thinking skills that are useful when the student is working on
their own projects and learning activities. In a similar vein, a self assessment also
encourages students to take an objective, critical look at their own work and assess
their performance and understanding based on rubrics provided by the teacher. Both
methods, rather than being entirely separate from the learning process, enhance the
student’s learning by becoming part of it.
Education for Justice includes developing social and emotional learning (SEL) and
behavioral learning outcomes that are traditionally more difficult to assess; and ‘grading’
of values is discouraged. Nevertheless, educators might elicit and observe student
values through classroom assignments and discussions. Any troubling exhibitions of
values – such as prejudice against certain groups in the school – can be addressed
through counselling as well as classroom and school processes.
Teachers have found ways to document participation in RoL class activities, such as
through observation of class dynamics and active participation in civic groups. However,
other kinds of behavioral outcomes, such as reduced acts of bullying, may be difficult to
track because of their long-term nature and because such behavior might not be evident
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to the teacher. For this reason, impact and program evaluations undertaken for RoL
interventions carried out in other places might be informative, although caution should
be exercised in applying findings across different cultural contexts.
Classroom Pedagogies
Participatory approaches and methods – at the core of GCE pedagogy – aim at
ensuring that learners benefit from an active learning and practical experience grounded
in their everyday lives which develops learning outcomes such as critical
thinking and problem-
solving skills.
In the classroom,
learners can be given
concrete
exercises
that
foster a
CoL.
Activities
include
role playing,
dialogues
and community
governance
activities that allow
them to work on
actively being considerate, tolerant and
‘other-oriented’. By engaging their classmates in ways that anticipate conflicts they are
likely to experience outside of the classroom, learners will be better equipped to
address such challenges and more likely to be respectful of others’ differences.
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Examples below provide a variety of transformative pedagogical tools and approaches
that might be used to promote transformations in learners and ultimately in society:
Project-based learning is one of the most widely practiced participatory learning
methods that can be used for any topic or skill that needs to be taught. When
engaged in project-based learning, learners produce a project which engages
their cognitive and creative skills while also increasing their familiarity with the
subject matter through independent research.
Problem-based learning helps learners work towards a solution to a specific
problem. The solution can either be fully realized and implemented or simply
conceptualized and planned out. Either way, learners’ problem-solving skills are
fostered, and/or they develop confidence in their own ability to deal with complex
issues.
Community-based learning utilizes active research and implementation skills to
help address a challenge in the learners’ own communities. Learners identify a
social, economic, or environmental issue and not only practice planning solutions
but also create change in their communities by implementing these solutions. An
example could be holding a community event or a workshop on safe use of the
internet. Peer-to-peer learning is a teaching methodology where certain members
of a group educate other members of the same group, i.e. their peers, to change
individual knowledge and behavior as well as group behaviors and
attitudes. Empowering children through peer-to peer initiatives and providing
opportunities to discuss topics in a safe environment are important aspects of
most participatory methodologies.
Web-based learning. Information and communications technologies (ICT) are an
important pedagogical tool that can be integrated into any of the above
approaches and provide an alternative to traditional classroom-based
environments. They also ensure the development of digital literacy, an essential
twenty-first century skill. There is a wide range of online learning platforms which
offer everything from readings, audio-visual aids, and activity ideas to
opportunities for intercultural internet-based communication.
Many educational environments across the world incorporate ICT learning into their
curriculum in some fashion and it is often an easy entry point from which to engage
with GCE. In the area of RoL, online platforms can be used for games involving role
playing and engagement with dilemmas. Games and apps must balance fun with
learning opportunities through a mixture of online and offline activities. The human
connection remains essential for learning GCE and RoL. While ICTs are considered to
be useful tools for learning, online environments can also be used as a tool for
recruitment, extortion and promotion of crime and extreme violent behavior. Since
mobile phone access to internet is growing worldwide, it is essential to teach about
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online risks and the tools to resist recruitment by gangs, criminal and hate groups,
and violent extremists.
Learning through non-formal education and community-based approaches is
instrumental to ensure learning by the most marginalized. Research suggests that
sports have the capacity to connect youth to positive adult role models and provide
positive development opportunities, as well as promote the learning and application of
life skills. In recent years the use of sport to reduce crime, as well as to prevent violent
extremism and radicalization, has become more widespread, especially as a tool to
improve self-esteem, enhance social bonds and provide participants with a feeling of
purpose.
Effective classroom management means safe and nurturing classroom environments,
which have positive effects on student learning and behavior. For example, introducing
structured small group discussions (‘Magic Circle’ classroom meetings) about a variety
of interpersonal and intrapersonal topics can make the classroom environment more
responsive to learners’ affective and cognitive needs and eventually reduce their
acceptance of high risk behaviors.
These pedagogies represent important considerations when looking for opportunities to
integrate GCE, RoL and CoL into existing educational structures. When teaching values
to others, it is essential to pay particular attention to the way in which those values are
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embedded within the ‘informal’ or ‘hidden’ curriculum of the teaching methodology and
environment themselves to provide a more cohesive and immersive learning
experience, since these factors also influence student learning immensely. Values and
attitudes are best communicated through participatory pedagogical methods, which are
interactive, inclusive and learner-centered. Paying attention to these details will create a
more holistic, value-laden learning experience which teaches by example.
Teacher Training and Development
Investing in teacher training and development is fundamental for two main reasons. It is
well established that teacher quality has a direct positive impact
on student achievement. As teachers act as planners, initiators, climate builders,
facilitators and guides, mediators, knowledge organizers and evaluators, they are
central to interpreting and implementing any curriculum.
It is possible to identify the skills and characteristics of a good teacher, who is able to
model and promote the principles of the RoL. The development of teacher codes of
conduct, and their inclusion as part of the in service and continuous training of teachers
can be usefully considered in this context.
Teachers may need to learn about aspects of the RoL that are not already covered in
subject matter preparation so that they can instruct students. Educators will need, to:
understand the principle of the RoL, its tenets and implications, expand their knowledge
of human rights, understand the causes, consequences and impacts of crime
on family, community, society, and on the safety and security of society as a whole and
increase their awareness of social influencers that shape student behaviors online and
off.
Teachers will also need to critically assess their own behaviors, attitudes and biases
that possibly undermine the RoL and their ability to speak credibly on challenges to the
RoL, embrace practices that foster inclusion and respect for diversity, with attention
to gender and coming from marginalized communities, adapt to the real learning needs
of young people, lead socio-emotional learning recognize and appropriately respond to
risky or potentially harmful situations, foster and nurture their moral character, create a
sense of community and a climate of trust in the classroom (where learners feel safe
and respected – ‘safe space’), engage in peer counselling and peer mediation,
developing teachers’ ability to acquire this knowledge and develop these skills requires
understandable, accessible and relevant resources and support that address their
genuine needs according with the cultural, school and educational policy environments
in which teachers work.
Any areas not already covered in pre-service training could be introduced to teachers
through in-service training, workshops and resource supports. These supports could be
offered through teacher training institutions and faculty, Ministries of Education and
affiliated training centers, professional associations and civil society organizations.
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Teacher learning and development for the RoL involves training as well
as empowering teachers to play their multiple roles. This is possible through the
establishment of professional learning communities (PLCs) that nurture improvements
in teaching practices and continuous teacher learning. Using online networks, teachers
can compare, contrast and shape ideas with each other for implementing the RoL in
their local environment. Websites can be used as clearinghouses of resources or
materials for use in lessons or classrooms. Online forums and hotlines can provide an
avenue for getting guidance in using the materials or information offered on these online
platforms.
Learning Outside of Schools
Issues around RoL are often perceived as an area of work associated with ministries of
justice and the interior, including law enforcement. Therefore, it can be challenging to
develop multi-sector partnerships to promote and integrate crime
prevention and criminal justice issues into all education activities.
Civil society organizations, in particular, play a vital role in supporting educational
efforts, both as a partner in developing educational materials based on the RoL and in
supporting outreach and dissemination activities to reach all stakeholders,
including children, youth, students, parents, teachers, professors and the media.
Schools can work in a participatory manner with stakeholders that operate within and
outside of the education sector, including non-formal educators, out-of-school youth,
parents, civil society organizations, the media, artists, and other actors based in the
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community, while respecting the primary mandate of education. Such collaborations can
foster innovation, creativity, and participatory approaches.
Engaging NGOs or other community organizations not only amplifies a
school’s GCE and RoL efforts and ensures that the community benefits from them, but
also provides learners with practical, real-world learning experiences in the social work
space. Behavioral and action-oriented GCE competencies are developed and nurtured
through these connections to community organizations, providing learners with
examples of good citizenship in practice.
The following learning opportunities outside of the school context include:
Youth-led action: Young people have a fundamental role to play in bringing a
CoL and integrity in all areas of society. Policymakers and educators can engage
with youth as partners for development projects, initiatives or responses that
address crime and violence at the school, community, regional and national
levels. Youth-led action includes youth organizations’ initiatives
against corruption, youth integrity networks, peaceful demonstrations, and
expressions through art against crime, drugs and violence. Learners can also
participate in Youth-Led Participatory Action Research where young people
identify a problem of concern, gather data and make recommendations to
policymakers.
Family-focused programs: Education programs geared toward prevention or
intervention for youth populations at high risk from violence or crime often involve
parents. Evidence shows that parent involvement can increase the success of
violence and crime prevention programs in schools because of the added
reinforcement that learners get at home.
School-community partnerships: Another interesting way to integrate GCE values
into learning at the local level is by building communityclassroom
partnerships with local NGOs or existing community efforts. Building
partnerships with community organizations is critical to GCE efforts. Such
partnerships need to be maintained and sustained long term to have a real
impact on the community. Learners will be involved in localized, hands-on
learning while understanding the principles of good community action and that
social work efforts must be scalable as well as sustainable. School administration
and NGO staff can work together to ensure the terms of the partnership are clear
and the goals are attainable.
Inter-school collaborations: In addition to collaborating
with community organizations and NGOs, schools can collaborate and learn from
each other. Just as peer education is meaningful for learners, peer institutions
have a critical role to play in helping schools to implement effective
practices. Schools can replicate programs, collaborate on inter-school events
and initiatives, and create a network to more easily share local RoL and CoL
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resources and amplify efforts. This networking can even extend beyond the local
community and stretch nationally and internationally, either online or through
conferences and professional learning communities. Schools and other
educational institutions all over the world can connect and learn from one another
about what works and what does not in terms of pedagogy and practice.
Partnerships with government and private sector actors: Non-traditional
educational actors such as government employees in the criminal
justice sector, law enforcement and local government authorities, as well as
community-based organizations and the private sector are also, when
appropriate, collaborating with schools. These actors may participate directly in
the educational program, provide teacher training on specific sensitive topics and
supplemental off-site learning opportunities to inform on the risks associated
with violence and crime. Their interventions can also help overcome fears and
mistrust between learners and representatives of.
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V. Environmental Injustice
Environmental Justice emerged as a concept in the United States in the early 1980s.
The term has two distinct uses with the more common usage describing a social
movement that focuses on the “fair” distribution of environmental benefits and burdens.
The other use is an interdisciplinary body of social science literature that includes
theories of the environment and justice, environmental laws and their implementations,
environmental policy and planning and governance for development and sustainability,
and political ecology.
Definition
United States Environmental Protection Agency defines environmental justice as
follows:
Environmental justice is the fair treatment and meaningful involvement of all people
regardless of race, color, national origin, or income with respect to the development,
implementation, and enforcement of environmental laws, regulations, and policies. EPA
has this goal for all communities and persons across this Nation. It will be achieved
when everyone enjoys the same degree of protection from environmental and health
hazards and equal access to the decision-making process to have a healthy
environment in which to live, learn, and work.
Other definitions include: equitable distribution of environmental risks and benefits; fair
and meaningful participation in environmental decision-making; recognition of
community ways of life, local knowledge, and cultural difference; and the capability of
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communities and individuals to function and flourish in society. An alternative meaning,
used in social sciences, of the term "justice" is "the distribution of social goods".
Environmental Discrimination
Environmental discrimination is one issue that environmental justice seeks to address.
Racism and discrimination against minorities center on a socially-dominant group's
belief in its superiority, often resulting in privilege for the dominant group and the
mistreatment of non-dominant minorities. The combined impact of these privileges and
prejudices are just one of the potential reasons that waste management and high
pollution sites tend to be located in minority-dominated areas. A disproportionate
quantity of minority communities (for example in Warren County, North Carolina) play
host to landfills, incinerators, and other potentially toxic facilities. Environmental
discrimination can also be the placement of a harmful factory in a place of minority. This
can be seen as environmental discrimination because it is placing a harmful entity in a
place where the people often don't have the means to fight back against big
corporations.
Environmental discrimination has historically been evident in the process of selecting
and building environmentally hazardous sites, including waste disposal, manufacturing,
and energy production facilities. The location of transportation infrastructures, including
highways, ports, and airports, has also been viewed as a source of environmental
injustice. Among the earliest documentation of environmental racism was a study of the
distribution of toxic waste sites across the United States. Due to the results of that
study, waste dumps and waste incinerators have been the target of environmental
justice lawsuits and protests.
Litigation
Some environmental justice lawsuits are based on violations of civil rights laws.
Title VI of the Civil Rights Act of 1964 is often used in lawsuits that claim environmental
inequality. Section 601 prohibits discrimination based on race, color, or national origin
by any government agency receiving federal assistance. To win an environmental
justice case that claims an agency violated this statute, the plaintiff must prove the
agency intended to discriminate. Section 602 requires agencies to create rules and
regulations that uphold section 601. This section is useful because the plaintiff must
only prove that the rule or regulation in question had a discriminatory impact. There is
no need to prove discriminatory intent. Seif v. Chester Residents Concerned for Quality
Living set the precedent that citizens can sue under section 601. There has not yet
been a case in which a citizen has sued under section 602, which calls into question
whether this right of action exists.
The Equal Protection Clause of the Fourteenth Amendment, which was used many
times to defend minority rights during the 1960s, has also been used in numerous
environmental justice cases.
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Initial Barriers to Minority Participation
When environmentalism first became popular during the early 20th century, the focus
was wilderness protection and wildlife preservation. These goals reflected the interests
of the movement's initial, primarily white middle and upper class supporters, including
through viewing preservation and protection via a lens that failed to appreciate the
centuries-long work of indigenous communities who had lived without ushering in the
types of environmental devastation these settler colonial "environmentalists" now
sought to mitigate. The actions of many mainstream environmental organizations still
reflect these early principles.
Numerous low-income minorities felt isolated or negatively impacted by the movement,
exemplified by the Southwest Organizing Project's (SWOP) Letter to the Group of 10, a
letter sent to major environmental organizations by several local environmental justice
activists. The letter argued that the environmental movement was so concerned about
cleaning up and preserving nature that it ignored the negative side-effects that doing so
caused communities nearby, namely less job growth. In addition, the NIMBY movement
has transferred locally unwanted land uses (LULUs) from middle-class neighborhoods
to poor communities with large minority populations. Therefore, vulnerable communities
with fewer political opportunities are more often exposed to hazardous waste and
toxins. This has resulted in the PIBBY principle, or at least the PIMBY (Place-inminorities'-backyard),
as supported by the United Church of Christ's study in 1987.
As a result, some minorities have viewed the environmental movement as elitist.
Environmental elitism manifested itself in three different forms:
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1. Compositional – Environmentalists are from the middle and upper class.
2. Ideological – The reforms benefit the movement's supporters but impose costs
on nonparticipants.
3. Impact – The reforms have "regressive social impacts". They disproportionately
benefit environmentalists and harm underrepresented populations.
Supporters of economic growth have taken advantage of environmentalists' neglect of
minorities. They have convinced minority leaders looking to improve their communities
that the economic benefits of industrial facility and the increase in the number of jobs
are worth the health risks. In fact, both politicians and businesses have even threatened
imminent job loss if communities do not accept hazardous industries and facilities.
Although in many cases local residents do not actually receive these benefits, the
argument is used to decrease resistance in the communities as well as avoid
expenditures used to clean up pollutants and create safer workplace environments.
Cost Barriers
One of the prominent barriers to minority participation in environmental justice is the
initial costs of trying to change the system and prevent companies from dumping their
toxic waste and other pollutants in areas with high numbers of minorities living in them.
There are massive legal fees involved in fighting for environmental justice and trying to
shed environmental racism.
For example, in the United Kingdom, there is a rule that the claimant may have to cover
the fees of their opponents, which further exacerbates any cost issues, especially with
lower-income minority groups; also, the only way for environmental justice groups to
hold companies accountable for their pollution and breaking any licensing issues over
waste disposal would be to sue the government for not enforcing rules. This would lead
to the forbidding legal fees that most could not afford. This can be seen by the fact that
out of 210 judicial review cases between 2005 and 2009, 56% did not proceed due to
costs.
Overcoming Barriers
Viewing their communities as disproportionately impacted by environmental degradation
and disproportionately denied access to movements claiming to redress this, many
organizations by and for racialized communities and low-wealth groups began to form in
the 1970s and 80s to address environmental injustices. Their work has come to
collectively form the backbone of the contemporary environmental justice movement,
whose guiding principles were especially documented during the First National People
of Color Environmental Leadership Summit in 1991. Participants in this Summit
established 17 particular Principles of Environmental Justice.
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Contributions of the Civil Rights Movement
During the Civil Rights Movement in the 1960s, activists participated in a social
movement that created a unified atmosphere and advocated goals of social justice and
equality. The community organization and the social values of the era have translated to
the Environmental Justice movement.
Similar Goals and Tactics
The Environmental Justice movement and the Civil Rights Movement have many
commonalities. At their core, the movements' goals are the same: "social justice, equal
protection, and an end to institutional discrimination." By stressing the similarities of the
two movements, it emphasizes that environmental equity is a right for all citizens.
Because the two movements have parallel goals, it is useful to employ similar tactics
that often emerge on the grassroots level. Common confrontational strategies include
protests, neighborhood demonstrations, picketing, political pressure, and
demonstration.
Existing Organizations and Leaders
Just as the civil rights movement of the 1960s began in the South, the fight for
environmental equity has been largely based in the South, where environmental
discrimination is most prominent. In these southern communities, black churches and
other voluntary associations are used to organize resistance efforts, including research
and demonstrations, such as the protest in Warren County, North Carolina. As a result
of the existing community structure, many church leaders and civil rights activists, such
as Reverend Benjamin Chavis Muhammad, have spearheaded the Environmental
Justice movement.
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The Bronx, in New York City, has become a recent example of Environmental Justice
succeeding. Majora Carter spearheaded the South Bronx Greenway Project, bringing
local economic development, local urban heat island mitigation, positive social
influences, access to public open space, and aesthetically stimulating environments.
The New York City Department of Design and Construction has recently recognized the
value of the South Bronx Greenway design, and consequently utilized it as a widely
distributed smart growth template. This venture is the ideal shovel-ready project with
over $50 million in funding.
Litigation
Several of the most successful Environmental Justice lawsuits are based on violations
of civil rights laws. The first case to use civil rights as a means to legally challenge the
siting of a waste facility was in 1979. With the legal representation of Linda McKeever
Bullard, the wife of Robert D. Bullard, residents of Houston's Northwood Manor opposed
the decision of the city and Browning Ferris Industries to construct a solid waste facility
near their mostly African-American neighborhood.
In 1979, Northeast Community Action Group, or NECAG, was formed by African
American homeowners in a suburban, middle income neighborhood in order to keep a
landfill out of their home town. This group was the first organization that found the
connection between race and pollution. The group, alongside their attorney Linda
McKeever Bullard started the lawsuit Bean v. Southwestern Waste Management, Inc.,
which was the first of its kind to challenge the sitting of a waste facility under civil rights
law. The Equal Protection Clause of the Fourteenth Amendment, which was used many
times to defend minority rights during the 1960s, has also been used in numerous
Environmental Justice cases.
Title VI of the Civil Rights Act of 1964 is often used in lawsuits that claim environmental
inequality. The two most paramount sections in these cases are sections 601 and 602.
Section 601 prohibits discrimination based on race, color, or national origin by any
government agency receiving federal assistance. To win an Environmental Justice case
that claims an agency violated this statute, the plaintiff must prove the agency intended
to discriminate. Section 602 requires agencies to create rules and regulations that
uphold section 601; in Alexander v. Sandoval, the Supreme Court held that plaintiffs
must also show intent to discriminate to successfully challenge the government under
602.
Contributions of the Reproductive Justice Movement
Many participants in the Reproductive Justice Movement see their struggle as linked
with those for environmental justice, and vice versa. Loretta Ross describes the
reproductive justice framework as addressing "the ability of any woman to determine her
own reproductive destiny" and argues this is inextricably "linked directly to the
conditions in her community – and these conditions are not just a matter of individual
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choice and access." Such conditions include those central to environmental justice—
including the siting of toxic contamination and pollution of food, air, and waterways.
Mohawk midwife Katsi Cook helps illustrate one link between reproductive and
environmental justice when she explains, "at the breasts of women flows the
relationship of those generations both to society and to the natural world. In this way the
earth is our mother, grandma says. In this way, we as women are the earth." Cook
founded the Mother's Milk Project in the 1980s to address the toxic contamination of
maternal bodies through exposure to fish and water contaminated by a General Motors
Superfund site. In underscoring how contamination disproportionately impacted
Akwesasne women and their children through gestation and breastfeeding, this Project
brought to the fore one of the many intersections between reproductive and
environmental justice.
Affected Groups
Among the affected groups of Environmental Justice, those in high-poverty and racial
minority groups have the most propensity to receive the harm of environmental injustice.
Poor people account for more than 20% of the human health impacts from industrial
toxic air releases, compared to 12.9% of the population nationwide. This does not
account for the inequity found among individual minority groups. Some studies that test
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statistically for effects of race and ethnicity, while controlling for income and other
factors, suggest racial gaps in exposure that persist across all bands of income.
African-Americans are affected by a variety of Environmental Justice issues. One
notorious example is the "Cancer Alley" region of Louisiana. This 85-mile stretch of the
Mississippi River between Baton Rouge and New Orleans is home to 125 companies
that produce one quarter of the petrochemical products manufactured in the United
States. The United States Commission on Civil Rights has concluded that the African-
American community has been disproportionately affected by Cancer Alley as a result
of Louisiana's current state and local permit system for hazardous facilities, as well as
their low socio-economic status and limited political influence. Another incidence of
long-term environmental injustice occurred in the "West Grove" community of Miami,
Florida. From 1925 to 1970, the predominately poor, African American residents of the
"West Grove" endured the negative effects of exposure to carcinogenic emissions and
toxic waste discharge from a large trash incinerator called Old Smokey. Despite official
acknowledgement as a public nuisance, the incinerator project was expanded in 1961. It
was not until the surrounding, predominantly white neighborhoods began to experience
the negative impacts from Old Smokey that the legal battle began to close the
incinerator.
Indigenous groups are often the victims of environmental injustices. Native Americans
have suffered abuses related to uranium mining in the American West. Churchrock,
New Mexico, in Navajo territory was home to the longest continuous uranium mining in
any Navajo land. From 1954 until 1968, the tribe leased land to mining companies who
did not obtain consent from Navajo families or report any consequences of their
activities. Not only did the miners significantly deplete the limited water supply, but they
also contaminated what was left of the Navajo water supply with uranium. Kerr-McGee
and United Nuclear Corporation, the two largest mining companies, argued that the
Federal Water Pollution Control Act did not apply to them, and maintained that Native
American land is not subject to environmental protections. The courts did not force them
to comply with US clean water regulations until 1980.
The most common example of environmental injustice among Latinos is the exposure to
pesticides faced by farmworkers. After DDT and other chlorinated hydrocarbon
pesticides were banned in the United States in 1972, farmers began using more acutely
toxic organophosphate pesticides such as parathion. A large portion of farmworkers in
the US are working as undocumented immigrants, and as a result of their political
disadvantage, are not able to protest against regular exposure to pesticides or benefit
from the protections of Federal laws. Exposure to chemical pesticides in the cotton
industry also affects farmers in India and Uzbekistan. Banned throughout much of the
rest of the world because of the potential threat to human health and the natural
environment, Endosulfan is a highly toxic chemical, the safe use of which cannot be
guaranteed in the many developing countries it is used in. Endosulfan, like DDT, is an
organochlorine and persists in the environment long after it has killed the target pests,
leaving a deadly legacy for people and wildlife.
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Residents of cities along the US-Mexico border are also affected. Maquiladoras are
assembly plants operated by American, Japanese, and other foreign countries, located
along the US-Mexico border. The maquiladoras use cheap Mexican labor to assemble
imported components and raw material, and then transport finished products back to the
United States. Much of the waste ends up being illegally dumped in sewers, ditches, or
in the desert. Along the Lower Rio Grande Valley, maquiladoras dump their toxic wastes
into the river from which 95 percent of residents obtain their drinking water. In the
border cities of Brownsville, Texas and Matamoros, Mexico, the rate of anencephaly
(babies born without brains) is four times the national average.
States may also see placing toxic
facilities near poor
neighborhoods as preferential
from a Cost Benefit Analysis
(CBA) perspective. A CBA may
favor placing a toxic facility near
a city of 20,000 poor people than
near a city of 5,000 wealthy
people. Terry Bossert of Range
Resources reportedly has said
that it deliberately locates its
operations in poor
neighbourhoods instead of
wealthy areas where residents
have more money to challenge its practices. Northern California's East Bay Refinery
Corridor is an example of the disparities associated with race and income and proximity
to toxic facilities.
It has been argued that environmental justice issues generally tend to affect women in
communities more so than they affect men. This is due to the way that women typically
interact more closely with their environments at home, such as through handling food
preparation and childcare. Women also tend to be the leaders in environmental justice
activist movements. Despite this, it tends not to be considered a mainstream feminist
issue.
U.S. Department of Agriculture
Government Agencies
In its 2012 environmental justice strategy documents, the U.S. Department of
Agriculture (USDA) stated an ongoing desire to integrate environmental justice into its
core mission, internal operations and programming. It identified ambitious timeframes
for action and promised improved efforts to highlight, track and coordinate EJ activities
among its many sub-agencies. Agency-wide the USDA expanded its perspective on EJ,
so that in addition to preventing disproportionate environmental impacts on EJ
communities, USDA voiced a commitment to improve public participation processes and
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use its technical and financial assistance programs to improve the quality of life in all
communities. In 2011, Secretary of Agriculture Tom Vilsack emphasized the USDA's
focus on EJ in rural communities around the United States. USDA funds or implements
many creative programs with social and environmental equity goals, however it has no
staff dedicated solely to EJ, and faces the challenges of limited budgets and
coordinating the efforts of a highly diverse agency.
Background
The USDA is the executive agency responsible for federal policy on food, agriculture,
natural resources, and quality of life in rural America. The USDA has more than 100,000
employees and delivers over $96.5 billion in public services to programs worldwide. To
fulfill its general mandate, USDA's departments are organized into seven mission
areas:1) Farm and Foreign Agricultural Services; 2) Food, Nutrition and Consumer
Services; 3) Food Safety; 4) Marketing and Regulatory Programs; 5) Natural Resources
and Environment; 6) Research, Education and Economics and; 7) Rural Development.
In 1994, President Clinton issued Executive Order 12898, "Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income Populations."•
Executive Order 12898 requires that achieving EJ must be part of each federal agency's
mission. Agency programs, policies and activities can lead to health and environmental
effects that disproportionately impact minority and low-income populations. Under
Executive Order 12898 agencies must develop strategies that identify and address
these effects by:
1. promoting enforcement of all health and environmental statutes in areas with
minority and low-income populations;
2. ensuring greater public participation;
3. improving research and data collection relating to the health and environment of
minority and low-income populations; and
4. identifying differential patterns of consumption of natural resources among
minority and low-income populations.
Title VI of the Civil Rights Act of 1964 requires that federal funds be used in a fair and
equitable manner. Under Title VI any federal agency that receives federal funding
cannot discriminate. Title VI also forbids federal agencies from providing grants or
funding opportunities to programs that discriminate. An agency that violates Title VI can
lose its federal funding.
Following E.O. 12898 and USDA's initial EJ strategic plan, USDA issued its internal
Environmental Justice Department Regulation (DR 5600-002) in 1997. Although the
definition of EJ was undergoing updates in 2012, DR 5600-002 defines environmental
justice as "to the greatest extent practicable and permitted by law, all populations are
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provided the opportunity to comment before decisions are rendered on, are allowed to
share in the benefits of, are not excluded from, and are not affected in a
disproportionately high and adverse manner by, government programs and activities
affecting human health or the environment." Patrick Holmes, Special Assistant to the
Under Secretary for Natural Resources and Environment at USDA, notes that this
definition will be broadened in 2012 so that EJ also includes efforts to improve quality of
life in all communities. In other words, USDA will consider EJ to include avoiding
adverse impacts and ensuring access to environmental benefits. Further, DR 5600-002
identified USDA's goals in implementing Executive Order 12898 as:
To incorporate
environmental
justice
considerations
into USDA's
programs and
activities and to
address
environmental
justice across
mission areas;
To identify,
prevent, and/or
mitigate, to the
greatest extent
practicable,
disproportionately high and adverse human health or environmental effects of
USDA programs and activities on minority and low-income populations; and
To provide, to the greatest extent practicable, the opportunity for minority and
low-income populations to participate in planning, analysis, and decision-making
that affects their health or environment, including identification of program needs
and designs.
DR 5600-002 is "intended only to improve the internal management of USDA,"• and
although it described concrete, mandatory actions by the agency, it did not establish
new rights or benefits enforceable in court. In April 2011, USDA Secretary Tom Vilsack
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has stated a more concrete priority to fulfill its mission of environmental justice in rural
areas.
2012 Environmental Justice Strategy
In compliance with the August 2011 Memorandum of Understanding on Environmental
Justice and Executive Order 12898 (MOU), USDA released a final Environmental
Justice Strategic Plan: 2012 to 2014 on February 7, 2012 (Strategic Plan), which
identifies new and updated goals and performance measures beyond what USDA
identified in a 1995 EJ strategy it adopted in response to E.O. 12898. In the same week,
it also released its first annual implementation progress report (Progress Report), as the
MOU also required. The Secretary's message accompanying the Strategic Plan
described two immediate tasks: 1) each agency within USDA is required to identify a
point of contact for EJ issues, at the Senior Executive Service (SES) level; and 2) each
agency must develop its own EJ strategy prior to April 15, 2012, and begin
implementing it as soon as possible. As of May 2012, it did not appear that such
strategies had been made public, although sub-agencies provided internal reports to the
USDA's EJ steering committee on April 9, 2012, according to Holmes. The Secretary's
message contained strong language that, "Given that USDA programs touch almost
every American every day, the Department is well positioned to help in [the
environmental justice] effort." USDA has determined that it can achieve the
requirements of the Executive Order by integrating EJ into its programs, rather than
implementing new and costly programs. The agency took this same approach in an EJ
strategy it adopted in 1995. In some areas, such as agricultural chemicals and effects to
migrant workers, USDA reviews its practices to identify potential disproportionate,
adverse impacts on EJ communities, according to Blake Velde, Senior Environmental
Scientist with the USDA Hazardous Materials Management Division.
Generally, USDA believes its existing technical and financial assistance programs
provide solutions to environmental inequity, such as its initiatives on education, food
deserts, and economic development in impacted communities, and ensuring access to
environmental benefits is the focus of USDA's EJ efforts.
Natural Resources and Environment (NRE) Under Secretary Harris Sherman is the
political appointee generally responsible for USDA's EJ strategy, with Patrick Holmes, a
senior staffer to the Under Secretary, playing a coordinating role. Although USDA has
no staff dedicated solely to EJ, its sub-agencies have many offices dedicated to civil
rights compliance, outreach and communication and environmental review whose
responsibilities incorporate EJ issues. The Strategic Plan was developed with the input
of an Environmental Justice Working Group, made up of staff and leadership
representing the USDA's seven mission areas and the SES-level contacts, which were
appointed in early 2012, serve as a steering committee for the agency's efforts. The
Strategic Plan is organized according to six goals, which were purposefully left broad,
and lists specific objectives and agency performance measures under each goal. The
details and specific implementation of many of these programs and the performance
measures are left to the departments and sub-agencies to develop. The six goals are to:
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Ensure USDA programs provide opportunities for EJ communities.
Provide targeted training and capacity-building to EJ communities.
Expand public participation in agency activities, to enhance the "credibility and
public trust"• of the USDA.
Ensure USDA's activities do not have disproportionately high and adverse human
health impacts, and resolve environmental justice issues and complaints.
Increase the awareness of EJ issues among USDA employees.
Update and/or Develop Departmental and Agency Regulations on EJ.
The Strategic Plan also lists existing programs that either currently support the goal, or
are expected to in the future.
According to Holmes, some of the challenges of the Strategic Plan process have
stemmed from the diverse programs and missions that the agency serves, limitations on
staff time, and budgets.
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Environmental Justice Initiatives
The Strategic Plan requires that EJ must be integrated into the strategies and
evaluations for sub-agencies' technical and financial assistance programs. It also
emphasizes public participation, community capacity-building, EJ awareness and
training within the USDA.
Transparency, Accountability, Accessibility and Community Participation
A stated goal of USDA's Strategic Plan is to expand public participation in agency
activities, to enhance the "credibility and public trust" of the USDA. Specifically, the
agency will update its public participation guidelines to include EJ, beginning this
process by April 15, 2012. The Strategic Plan emphasizes capacity-building in EJ
communities, and includes objectives that emphasize communication between USDA
and environmental justice communities, including Tribal consultation. Sub-agencies
must announce schedules for training programs in EJ communities and to develop new,
preliminary outreach materials on USDA programs by April 15, 2012. An additional
performance standard is to encourage EJ communities to participate in the NEPA
process, an effort the Strategic Plan requires on or before February 29, 2012, although
the Strategic Plan does not articulate a standard by which this could be measured. The
Strategic Plan also reiterates compliance with the Executive Orders on Tribal
consultation and outreach to non-proficient English speakers, and seeks more diverse
representation on regional forest advisory committees. [community participation,
outreach].
Generally, the USDA's process for developing the Strategic Plan demonstrates a
commitment to public involvement. The USDA EJ documents are currently housed
obscurely within the Departmental Management section of the USDA website, under the
Hazardous Materials Management Division, although the agency plans to update its
entire site in 2012 and create a more robust EJ page. The Strategic Plan was released
in draft form in December 2011 for a 30-day public comment period, and responses to
general types of comments received are in the Progress Report, although the
comments themselves are not online. The Secretary's message accompanying the
Strategic Plan requests that organizations and individuals to continue to contact USDA
with comments on the Strategic Plan and to identify USDA programs that have been the
most beneficial to their communities. The agency has a dedicated email address for this
purpose. Agency leadership has asked its sub-agencies to prepare responses to
additional comments that have been received, and the agency will release an interim
progress report, prior to winter 2013. [community participation, outreach, education]
Internal Evaluation and Training
The Strategic Plan also seeks to increase the awareness of environmental justice
issues among USDA employees. The Strategic Plan does not list any existing programs
in this area, but does list a series of performance measures going forward, most of
which must be met by April 15, 2012. The measures include environmental justice
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trainings, new web pages, and potential revisions to staff manuals and handbooks. Subagencies
began reviewing their existing training in 2012 and in their April 9, 2012
reports to the USDA EJ steering committee, sub-agencies were asked to describe their
goals for enhanced EJ training. This internal, educational undertaking appears to be
new in the 2012 Strategic Plan. The Strategic Plan targets Responsible Officials,
meaning office and program managers, for the trainings, as well as the SES-level points
of contact required by the Secretary's message. [education, study, compliance and
enforcement]
The EJ Strategy tasked each sub-agency with developing its own EJ strategy document
by spring 2012, although as of May 2012 the sub-agencies were still in an evaluation
stage and had not issued final documents. For many sub-agencies, the 2012 process
has been their first focused assessment of their EJ impact and opportunities. Going
forward, sub-agencies will submit twice-yearly reports to NRE about their
implementation of the Strategic Plan's goals; the first of these was due April 9, 2012,
and as of May 2012, the USDA's EJ steering committee was evaluating the first reports.
Establishment of Performance Metrics
As part of its effort to ensure that EJ communities have the opportunity to participate in
USDA programs, the Strategic Plan requires each sub-agency to set measurements
through which it can track increased EJ community participation in USDA technical and
financial assistance programs. This must be done by April 15, 2012. As of late April
2012, the sub-agencies were still in the process of describing a baseline of current
activities and determining the metrics to evaluate improvement, such as staff time, grant
funding or increased programming. The ultimate metrics are likely to be somewhat
subjective, and must be flexible given the broad range of undertakings by the subagencies.
Also related to evaluation, the Strategic Plan requires the sub-agencies to
determine an effective methodology with which they can evaluate whether USDA
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programs have disproportionate impacts. [study, redressing environmental racism,
compliance and enforcement]
Tribal Outreach
Other EJ Initiatives
USDA has had a role in implementing Michelle Obama's Let's Move campaign in tribal
areas, by increasing participation by Bureau of Indian Education schools in Federal
nutrition programs, in the development of community gardens on tribal lands, and in the
development of tribal food policy councils. This is combined with measures to provide
Rural Development funding for community infrastructure in Indian Country. [children's
issues, education, diet, grants, Native Americans, public health].
The U.S. Forest Service (USFS) is working to update its policy on protection and
management of Native American Sacred Sites, an effort that has included listening
sessions and government-to-government consultation. The Animal and Plant Health
Inspection Service (APHIS) has also consulted with Tribes regarding management of
reintroduced of species, where Tribes may have a history of subsistence-level hunting
of those species. Meanwhile, the Agricultural Marketing Service (AMS) is exploring a
program to use meat from bisons raised on Tribal land to supply AMS food distribution
programs to Tribes. [Native Americans, diet, subsistence, community participation]
The Intertribal Technical Assistance Network works to improve access of Tribal
governments, communities and individuals to USDA technical assistance programs.
Technical and Financial Assistance to Farmers
The Progress Report highlights the NRCS Strike Force Initiative, which has identified
impoverished counties in Mississippi, Georgia and Arkansas to receive increased
outreach and training regarding USDA assistance programs. USDA credits this
increased outreach with generating a 196 percent increase in contracts, representing
more than 250,000 acres of farmland, in its Environmental Quality Incentives Program.
[economic benefit, equitable development, grants, outreach, ej as evaluation criteria]
NRCS works with "private landowners protect their natural resources" through
conservation planning and assistance with the goal of maintaining "productive lands and
healthy ecosystems."• NRCS has its own civil rights compliance guidance document,
and in 2001 NRCS funded and published a study, "Environmental Justice: Perceptions
of Issues, Awareness and Assistance," focused on rural, Southern "Black Belt" counties
and analyzing how the NRCS workforce could more effectively integrate environmental
justice into impacted communities. [compliance and enforcement, redressing
environmental racism, grants, study, ej as evaluation criteria]
The Farm Services Agency in 2011 devoted $100,000 of its Socially Disadvantaged
Farmers and Ranchers program budget to improving its outreach to counties with
persistent poverty, including improving its materials and building relationships with local
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universities and community groups. [economic benefit, equitable development, grants,
outreach, ej as evaluation criteria]
In addition, USDA's Risk Management Agency has initiated education and outreach to
low-income farmers regarding use of biological controls, rather than pesticides, for pest
control, efforts that the agency believes are valuable in the face of climate change.
[climate change, agricultural chemicals, education]
Green Jobs and Capacity Building
A 2011 MOU between a USDA sub-agency, the Food Safety Inspection Service (FSIS)
and the American Indian Science and Engineering Society that aims to increase the
number of Native Americans entering the FSIS career path; [education, community
participation, economic benefit, green jobs, Native Americans, diet, interagency
collaboration]
A partnership between APHIS and the Rural Coalition (Coalicion)--an alliance of
regionally and culturally diverse organizations working to build a more just and
sustainable food system. The partnership focuses on outreach, fair returns to minority
and other small farmers and rural communities, farmworker working conditions,
environmental protection and food safety. [agricultural chemicals, community
participation, diet, economic benefit, outreach, improving health and safety, ej as
evaluation criteria]
USFS is also funding pilot initiatives, such as its Urban Water Ambassadors, summer
internship positions for youth who coordinate and implement urban tree planting
projects. In 2011, USFS provided a grant to the Maryland Department of Natural
Resources that funded 14 summer jobs for youth in Baltimore to work on urban
watershed restoration programs. [community participation, green jobs, mapping, water]
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Mapping
USFS has established several Urban Field Stations, to research urban natural
resources' structure, function, stewardship, and benefits. By mapping urban tree
coverage, the agency hopes to identify and prioritize EJ communities for urban forest
projects. [community education, mapping, diet, improving health and safety, ej as
evaluation criteria]
Another initiative highlighted by the agency is the Food and Nutrition Service and
Economic Research Service's Food Desert Locator. The Locator provides a spatial view
of food deserts, defined as a low-income census tract where a substantial number or
share of residents has low access to a supermarket or large grocery store. It also
shows, by census tract, the number and percentage of certain populations, such as
children, seniors, or households without a vehicle, with low access to grocery stores.
The mapped deserts can be used to direct agency resources to increase access to
fresh fruits and vegetables and other food assistance programs, according to Blake
Velde, an agency scientist and spokesperson on EJ issues. [diet, mapping, improving
health and safety, study, ej as evaluation criteria, services and data available to others]
Rural Outreach
USDA Secretary Tom Vilsack has placed a clear emphasis on supporting EJ in rural
areas. Although "often the highest profile battles on [environmental justice] issue[s] are
waged in at-risk neighborhoods in major cities or at Superfund sites located near
populated urban and suburban areas" Vilsack highlighted the often overlooked rural
areas where environmental justice is largely ignored.
Through its Rural Utilities Service, the USDA supports a number of Water and
Environmental Programs. These programs work to administer water and wastewater
loans or grants to rural areas and cities to support water and wastewater, storm-water
and solid waste disposal systems, including SEARCH Grants that are targeted to
financially distressed, small rural communities and other opportunities specifically for
Alaskan Native villages and designated Colonies.; In his speech, Secretary Vilsack said
that the USDA funded 2,575 clean water projects in rural areas during a two-year period
to address problems ranging from wastewater treatment to sewage treatment. [water,
land use, compliance and enforcement, improving health and safety, pollution cleanup,
ej as evaluation criteria]
The USDA also supports the Rural Energy for America Grant Program. This program
provides grants and loans to farmers, ranchers and rural small businesses to finance
renewable energy systems and energy efficiency improvements. [grants, economic
benefit, ej as evaluation criteria]
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Regulations or Formalized EJ Guidelines
In 1997 the USDA promulgated a departmental regulation providing "direction to [sub-
]agencies for integrating environmental justice considerations into USDA programs and
activities" (DR 5600-002). Issuance of this regulation was a primary goal of USDA's
1995 EJ strategy document. DR 5600-002 includes guidelines for consideration of EJ in
the NEPA process, but also stated that "efforts to address environmental justice are not
limited to NEPA compliance." It requires evaluation of activities for potential
disproportionate EJ impacts, outreach, and performance-metric based evaluation and
reporting on sub-agencies' implementation of EJ goals. DR 5600-002 is a forwardlooking,
permanent directive that applies to all USDA programs and activities. It was not
published in the Federal Register as a formal rulemaking and does not create a private
right of action or enforcement tool. A Strategic Plan goal is to update this regulation, as
well as other departmental regulations and policies on EJ. According to USDA, the EJ
definition in DR 5600-002 will be modified in 2012—EJ to include measures to avoid
disproportionate negative impacts as well as quality-of-life improvements that the
agency believes can benefit impacted communities.
The Strategic Plan also has established a performance standard requiring that existing
and new USDA regulations are evaluated for EJ impacts or benefits. Sub-agencies are
required to develop a process for this evaluation by April 15, 2012. This performance
standard reflects a requirement in DR 5600-002 that required the USDA departmental
regulation on rulemaking, DR 1521-1, to be revised to require an EJ evaluation in the
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rulemaking process. As of 2012, DR 1521-1 requires that a cost-benefit analysis of
major human health, safety and environmental regulations include analysis of risks to
"persons who are disproportionately exposed or particularly sensitive," although DR
1521-1 does not mention EJ or impacts to minority or low-income communities
explicitly. [Land Use - permitting, community participation, compliance and enforcement,
study]
Enforcement
The Strategic Plan sets an enforcement-specific goal, which includes objectives to
"effectively resolve or adjudicate all environmental justice-related Title VI complaints"
and to include environmental justice as a key component of civil rights compliance
reviews. Agencies are also required to identify an assessment methodology by April 15,
2012, which can be used to determine whether programs have disproportionately high
and adverse environmental and human health impacts. The NRCS has published and
updated a Civil Rights Compliance Review Guide, which guides the NRCS Civil Rights
Division's review of the compliance with Title VI and 12898 in the agency's state offices,
field offices and other facilities. The guide was updated in November 2011 and it does
not mention EJ explicitly. However, the Strategic Plan identifies the NRCS compliance
review and other outreach and research programs as supporting its EJ enforcement
goals [compliance and enforcement].
NEPA
The 1997 Regulation, DR 5600-2 required USDA sub-agencies to develop their own
NEPA environmental justice guidance documents. The sub-agencies have done so,
with some additional details, such as a reminder that the EJ community should be
involved in identifying the alternatives, suggested stakeholders and resources, and
guidance to hold meetings at times when working people can get to them, and to
translate notices. When DR 5600-02 is updated as required by the Strategic Plan,
changes could be made to the NEPA section of the Regulation. The Strategic Plan sets
a performance standard to encourage interested environmental justice communities to
be involved in the public participation process for NEPA documents, although the
Strategic Plan does not require updates to the NEPA portions of DR 5600-02.
Although the USDA has integrated EJ into each step of the NEPA process as required
by Executive Order 12898, many of the NEPA documents completed by the USDA
include only cursory analysis of environmental justice effects. This analysis most often
includes a rote paragraph as to what Executive Order 12898 requires and a quick
conclusion that the agency action does not affect minority and low-income populations.
Some examples where the USDA included more in-depth analysis are:
Descriptions of the minority and low-income populations that live in the study
area;
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Impacts relevant to socio-economic environment including changes in
employment and income variations in the distribution of social welfare.
[community participation, education, outreach, ej as evaluation criteria]
Permitting
The USDA does not have any permitting initiatives specific to EJ.
Title VI
The USDA has an Office of the Assistant
Secretary for Civil Rights whose mission it is to
provide leadership and direction "for the fair
and equitable treatment of all USDA
customers."
In 2003 the USDA revised DR 4300-4, internal
regulations requiring a Civil Rights Impact
Analysis of all "policies, actions or decisions"
affecting the USDA's federally conducted and
federally assisted programs or activities. The
analysis is used to determine the "scope,
intensity, direction, duration, and significance of
the effects of an agency's proposed ... policies,
actions or decisions." USDA's departmental
regulation on EJ, DR 5600-002, required DR
4300-4 to be revised to "require that Civil Rights
Impact Analyses include a finding as to whether
proposed or new actions have or do not have a
disproportionately high and adverse effect on the human health or the environment of
minority populations, and whether such effects can be prevented or mitigated". Although
DR 4300-4 was revised in 2003, the revised regulation does not explicitly require a
finding on adverse environmental or health impacts. [study, compliance and
enforcement]
Right-to-Know Movement
Right to know, in the context of United States workplace and community environmental
law, is the legal principle that the individual has the right to know the chemicals to which
they may be exposed in their daily living.
Emergency Planning and Right to Know Act of 1986
After the Bhopal disaster, where a Union Carbide plant released forty tons of methyl
isocyanate into the atmosphere in a village just south of Bhopal, India, the U.S.
government passed the Emergency Planning and Right to Know Act of 1986.
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Introduced by Henry Waxman, the act required all corporations to report their toxic
chemical pollution annually, which was then gathered into a report known as the Toxics
Release Inventory (TRI).
Corporate Toxics Information Report
The Corporate Toxics Information Project (CTIP) was founded on the guidelines that
they will "[develop] and [disseminate] information and analysis on corporate releases of
pollutants and the consequences for communities". The overarching goal was to help
take corporations into account for their pollution habits, by collecting information and
putting it in databases so to make it available to the general public. The four goals of the
project were to develop 1) corporate rankings, 2) regional reports, based on state,
region, and metropolitan areas, 3) industry reports, based on industrial sectors, and 4)
to create a web-based resource open to the entire population, that can depict all the
collected data. The data collection would be done by the Environmental Protection
Agency (EPA) and then analyzed and disseminated by the PERI institute.
One of the biggest projects of CTIP was the Toxic 100. The Toxic 100 is an index of the
top 100 air polluters around the United States in terms of the country's largest
corporations. The list is based on the EPA's Risk Screening Environmental Indicators
(RSEI), which "assesses the chronic human health risk from industrial toxic releases",
as well as the Toxics Release Inventory (TRI), which is where the corporations must
report their chemical releases to the US government. Since its original publishing date
in 2004, the Toxic 100 has been updated five times, with the latest update in 2016.
Around the world
In recent years environmental justice campaigns have also emerged in other parts of
the world, such as India, South Africa, Israel, Nigeria, Mexico, Hungary, Uganda, and
the United Kingdom. In Europe for example, there is evidence to suggest that the
Romani people and other minority groups of non-European descent are suffering from
environmental inequality and discrimination.
Europe
In Europe, the Romani peoples are ethnic minorities and differ from the rest of the
European people by their culture, language, and history. The environmental
discrimination that they experience ranges from the unequal distribution of
environmental harms as well as the unequal distribution of education, health services
and employment. In many countries Romani peoples are forced to live in the slums
because many of the laws to get residence permits are discriminatory against them.
This forces Romani people to live in urban "ghetto" type housing or in shantytowns. In
the Czech Republic and Romania, the Romani peoples are forced to live in places that
have less access to running water and sewage, and in Ostrava, Czech Republic, the
Romani people live in apartments located above an abandoned mine, which emits
methane. Also in Bulgaria, the public infrastructure extends throughout the town of Sofia
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until it reaches the Romani village where there is very little water access or sewage
capacity.
The European Union is trying to strive towards
environmental justice by putting into effect
declarations that state that all people have a right to
a healthy environment. The Stockholm Declaration,
the 1987 Brundtland Commission's Report – "Our
Common Future", the Rio Declaration, and Article
37 of the Charter of Fundamental Rights of the
European Union, all are ways that the Europeans
have put acts in place to work toward environmental
justice. Europe also funds action-oriented projects that work on furthering
Environmental Justice throughout the world. For example, EJOLT (Environmental
Justice Organizations, Liabilities and Trade) is a large multinational project
supported through the FP7 Science in Society budget line from the European
[further explanation needed]
Commission. From March 2011 to March 2015, 23 civil society
organizations and universities from 20 countries in Europe, Africa, Latin-America, and
Asia are, and have promised to work together on advancing the cause of Environmental
Justice. EJOLT is building up case studies, linking organizations worldwide, and making
an interactive global map of Environmental Justice.
Sweden
Sweden became the first country to ban DDT in 1969 due to the efforts of women
protesting its usage in forests. In the 1980s, women activists organized around
preparing jam made from pesticide-tainted berries, which they offered to the members
of parliament. Parliament members refused, and this has often been cited as an
example of direct action within ecofeminism.
United Kingdom
Whilst the predominant agenda of the Environmental Justice movement in the United
States has been tackling issues of race, inequality, and the environment, environmental
justice campaigns around the world have developed and shifted in focus. For example,
the EJ movement in the United Kingdom is quite different. It focuses on issues of
poverty and the environment, but also tackles issues of health inequalities and social
exclusion. A UK-based NGO, named the Environmental Justice Foundation, has sought
to make a direct link between the need for environmental security and the defense of
basic human rights. They have launched several high profile campaigns that link
environmental problems and social injustices. A campaign against illegal, unreported
and unregulated (IUU) fishing highlighted how 'pirate' fisherman are stealing food from
local, artisanal fishing communities. They have also launched a campaign exposing the
environmental and human rights abuses involved in cotton production in Uzbekistan.
Cotton produced in Uzbekistan is often harvested by children for little or no pay. In
addition, the mismanagement of water resources for crop irrigation has led to the near
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eradication of the Aral Sea. The Environmental Justice Foundation has successfully
petitioned large retailers such as Walmart and Tesco to stop selling Uzbek cotton.
Building of Alternatives to Climate Change
In France, numerous Alternatiba events, or villages of alternatives, are providing
hundreds of alternatives to climate change and lack of environmental justice, both in
order to raise people's awareness and to stimulate behavior change. They have been or
will be organized in over sixty different French and European cities, such as Bilbao,
Brussels, Geneva, Lyon or Paris.
South Africa
Under colonial and apartheid governments in South Africa, thousands of black South
Africans were removed from their ancestral lands to make way for game parks. Earthlife
Africa was formed in 1988 (www.earthlife.org.za), making it Africa's first environmental
justice organization. In 1992, the Environmental Justice Networking Forum (EJNF), a
nationwide umbrella organization designed to coordinate the activities of environmental
activists and organizations interested in social and environmental justice, was created.
By 1995, the network expanded to include 150 member organizations and by 2000, it
included over 600 member organizations.
With the election of the African National Congress (ANC) in 1994, the environmental
justice movement gained an ally in government. The ANC noted "poverty and
environmental degradation have been closely linked" in South Africa. The ANC made it
clear that environmental inequalities and injustices would be addressed as part of the
party's post-apartheid reconstruction and development mandate. The new South African
Constitution, finalized in 1996, includes a Bill of Rights that grants South Africans the
right to an "environment that is not harmful to their health or well-being" and "to have the
environment protected, for the benefit of present and future generations through
reasonable legislative and other measures that
1. prevent pollution and ecological degradation;
2. promote conservation; and
3. secure ecologically sustainable development and use of natural resources while
promoting justifiable economic and social development".
South Africa's mining industry is the largest single producer of solid waste, accounting
for about two-thirds of the total waste stream. Tens of thousands of deaths have
occurred among mine workers as a result of accidents over the last century. There have
been several deaths and debilitating diseases from work-related illnesses like
asbestosis. For those who live next to a mine, the quality of air and water is poor. Noise,
dust, and dangerous equipment and vehicles can be threats to the safety of those who
live next to a mine as well. These communities are often poor and black and have little
choice over the placement of a mine near their homes. The National Party introduced a
new Minerals Act that began to address environmental considerations by recognizing
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the health and safety concerns of workers and the need for land rehabilitation during
and after mining operations. In 1993, the Act was amended to require each new mine to
have an Environmental Management Program Report (EMPR) prepared before
breaking ground. These EMPRs were intended to force mining companies to outline all
the possible environmental impacts of the particular mining operation and to make
provision for environmental management.
In October 1998, the Department of Minerals and Energy released a White Paper
entitled A Minerals and Mining Policy for South Africa, which included a section on
Environmental Management.
The White Paper states "Government, in recognition of the responsibility of the State as
custodian of the nation's natural resources, will ensure that the essential development of
the country's mineral resources will take place within a framework of sustainable
development and in accordance with national environmental policy, norms, and
standards". It adds that any environmental policy "must ensure a cost-effective and
competitive mining industry."
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Australia
In Australia, the "Environmental Justice Movement" is not defined as it is in the United
States. Australia does have some discrimination mainly in the siting of hazardous waste
facilities in areas where the people are not given proper information about the company.
The injustice that takes place in Australia is defined as environmental politics on who
get the unwanted waste site or who has control over where factory opens up. The
movement towards equal environmental politics focuses more on who can fight for
companies to build, and takes place in the parliament; whereas, in the United States
Environmental Justice is trying to make nature safer for all people.
Ecuador
An example of the environmental injustices that indigenous groups face can be seen in
the Chevron-Texaco incident in the Amazon rainforest. Texaco, which is now Chevron,
found oil in Ecuador in 1964 and built sub-standard oil wells to cut costs. The
deliberately used inferior technology to make their operations cheaper, even if
detrimental to the local people and environment. After the company left in 1992, they left
approximately one thousand toxic waste pits open and dumped billions of gallons of
toxic water into the rivers.
South Korea
South Korea has a relatively short history of environmental justice compared to other
countries in the west. As a result of rapid industrialization, people started to have
awareness on pollution, and from the environmental discourses the idea of
environmental justice appeared. The concept of environmental justice appeared in
South Korea in late 1980s.
South Korea experienced rapid economic growth (which is commonly referred to as the
'Miracle on the Han River') in the 20th century as a result of industrialization policies
adapted by Park Chung-hee after 1970s. The policies and social environment had no
room for environmental discussions, which aggravated the pollution in the country.
Environmental movements in South Korea started from air pollution campaigns. As the
notion of environment pollution spread, the focus on environmental activism shifted from
existing pollution to preventing future pollution, and the organizations eventually started
to criticize the government policies that are neglecting the environmental issues. The
concept of environmental justice was introduced in South Korea among the discussions
of environment after 1990s. While the environmental organizations analyzed the
condition of pollution in South Korea, they noticed that the environmental problems were
inequitably focused especially on regions where people with low social and economic
status were concentrated.
The problems of environmental injustice have arisen by environment related
organizations, but approaches to solve the problems were greatly supported by the
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government, which developed various policies and launched institution. These actions
helped raise awareness of environmental justice in South Korea. Existing environment
policies were modified to cover environmental justice issues.
Environmental justice began to be widely recognized in the 1990s through policy
making and researches of related institutions. For example, the Ministry of Environment,
which was founded in 1992, launched Citizen's Movement for Environmental Justice
(CMEJ) to raise awareness of the problem and figure out appropriate plans. As a part of
its activities, Citizen's Movement for Environmental Justice (CMEJ) held Environmental
Justice forum in 1999, to gather and analyze the existing studies on the issue which
were done sporadically by various organizations. Citizen's Movement for Environmental
Justice (CMEJ) started as a small organization, but it is keep growing and expanding. In
2002, CMEJ had more than 5 times the numbers of members and 3 times the budget it
had in the beginning year.
Environmental injustice is still an ongoing problem. One example is the construction of
Saemangeum Seawall. The construction of Saemangeum Seawall, which is the world's
longest dyke (33 kilometers) runs between Yellow Sea and Saemangeum estuary, was
part of a government project initiated in 1991. The project raised concerns on the
destruction of ecosystem and taking away the local residential regions. It caught the
attention of environmental justice activists because the main victims were low-income
fishing population and their future generations. This is considered as an example of
environmental injustice which was caused by the execution of exclusive developmentcentered
policy.
The construction of Seoul-Incheon canal also raised environmental justice
controversies. The construction took away the residential regions and farming areas of
the local residents. Also, the environment worsened in the area because of the
appearance of wet fogs which was caused by water deprivation and local climate
changes caused by the construction of canal. The local residents, mostly people with
weak economic basis, were severely affected by the construction and became the main
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victims of such environmental damages. While the socially and economically weak
citizens suffered from the environmental changes, most of the benefits went to the
industries and conglomerates with political power.
Construction of industrial complex was also criticized in the context of environmental
justice. The conflict in Wicheon region is one example. The region became the center of
controversy when the government decided to build industrial complex of dye houses,
which were formerly located in Daegu metropolitan region. As a result of the
construction, Nakdong River, which is one of the main rivers in South Korea, was
contaminated and local residents suffered from environmental changes caused by the
construction.
Environmental justice is a growing issue in South Korea. Although the issue is not yet
widely recognized compared to other countries, many organizations beginning to
recognize the issue.
Between Northern and Southern Countries
Environmental discrimination in a global perspective is also an important factor when
examining the Environmental Justice movement. Even though the Environmental
Justice movement began in the United States, the United States also contributes to
expanding the amount of environmental injustice that takes place in less-developed
countries. Some companies in the United States and in other developed nations around
the world contribute to the injustice by shipping the toxic waste and byproducts of
factories to less-developed countries for disposal. This act increases the amount of
waste in the third world countries, most of which do not have proper sanitation for their
own waste much less the waste of another country. Often, the people of the lessdeveloped
countries are exposed to toxins from this waste and do not even realize what
kind of waste they are encountering or the health problems that could come with it.
One prominent example of northern countries shipping their waste to southern countries
took place in Haiti. Philadelphia, Pennsylvania had ash from the incineration of toxic
waste that they did not have room to dump. Philadelphia decided to put the ash into the
hands of a private company, which shipped the ash and dumped it in various other parts
of the world, outside of the United States. The Khian Sea, the ship the ash was put on,
sailed around the world and many countries would not accept the waste because it was
hazardous for the environment and the people. The ship owners finally dumped the
waste, labeled Fertilizer, in Haiti, on the beach, and sailed away in the night. The
government of Haiti was infuriated and called for the waste to be removed, but the
company would not come to take the ash away. The fighting over who was responsible
for the waste and who would remove the waste went on for many years. After debating
for over ten years, the waste was removed and taken back to a site just outside
Philadelphia to be disposed of permanently.
The reason that this transporting of waste from Northern countries to the Southern
countries takes place is because it is cheaper to transport waste to another country and
dump it there, than to pay to dump the waste in the producing country because the third
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world countries do not have the same strict industry regulations as the more developed
countries. The countries that the waste is taken to are usually impoverished and the
governments have little or no control over the happenings in the country or do not care
about the people.
Transnational Movement Networks
Many of the Environmental Justice Networks that began in the United States expanded
their horizons to include many other countries and became Transnational Networks for
Environmental Justice. These networks work to bring Environmental Justice to all parts
of the world and protect all citizens of the world to reduce the environmental injustice
happening all over the world. Listed below are some of the major Transnational Social
Movement Organizations.
Basel Action Network – works to end toxic waste dumping in poor undeveloped
countries from the rich developed countries.
GAIA (Global Anti-Incinerator Alliance) – works to find different ways to dispose
of waste other than incineration. This company has people working in over 77
countries throughout the world.
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GR (Global Response) – works to educate activists and the upper working class
how to protect human rights and the ecosystem.
Greenpeace International – which was the first organization to become the global
name of Environmental Justice. Greenpeace works to raise the global
consciousness of transnational trade of toxic waste.
Health Care without Harm – works to improve the public health by reducing the
environmental impacts of the health care industry.
International Campaign for Responsible Technology – works to promote
corporate and government accountability with electronics and how the disposal of
technology affect the environment.
International POPs Elimination Network – works to reduce and eventually end
the use of persistent organic pollutants (POPs) which are harmful to the
environment.
PAN (Pesticide Action Network) – works to replace the use of hazardous
pesticides with alternatives that are safe for the environment.
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VI. Resource & Distributive
Injustice
Resource Justice (also referred to as "resource equity" or "resource
governance") is a term in environmentalism and in environmental ethics. It combines
elements of distributive justice and environmental justice and is based on the
observation that many countries rich in natural resources such as minerals and
other raw materials nevertheless experience high levels of poverty. This resource
curse is one of the main ethical reasons to demand resource justice, that is, a globally
fair distribution of all natural resources.
Factors Leading to Resource Injustice
Countries' income inequality according to their Gini coefficient – red = high, green = low
inequality (World Bank, 2014)
The term resource justice as a subcategory of distributive justice was first developed
following the repeated observation that natural resources that, supposedly, are a
blessing for local populations, turn out to be a curse. This can manifest itself in a
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number of ways – and for a number of reasons, some of which occur in isolation but
more often arise together. Some examples are:
Mining or oil drilling result in severe damage to the environment, for example
through oil spills, environmental degradation, or contamination.
The extraction of resources leads to extreme forms of exploitation of labour and /
or creates very hazardous working conditions.
Resources are being controlled by a small elite that makes or embezzles all the
profits. This often goes along with corruption.
People are forced off their land to make place for resource extraction or for
large monocultural plantations.
Resources in the developing world are being extracted by companies from
industrialized countries, with most of the profits going to the latter.
Companies extract genetic material, which is then commercially farmed or bred –
and often patented.
Approaches Towards Greater Resource Justice
Capacity building and external support in order to empower "communities affected by
oil, gas, and mining operations" so that they themselves are able to determine how local
resources are being used. In addition, mechanisms have to be developed to make sure
that finite resources are distributed in an equitable way so that poor nations' right to
development is not denied. The memorandum Resource Politics for a Fair Future,
published by the Heinrich Böll Foundation lists three criteria for a "fair and sustainable
Resource Politics", namely:
to "secure the rights of people and nature over markets and profits" and
empower them to demand their rights;
to return the "control over natural resources, financial capital and technologies
(...) into the hands of the people;
to "transform production, consumption and livelihoods" in ways that enable
people to live in a world of global equity.
________
Distributive Justice concerns the socially just allocation of goods. Often contrasted
with just process, which is concerned with the administration of law, distributive justice
concentrates on outcomes. This subject has been given considerable attention in
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philosophy and the social sciences. Distributive justice is fundamental to the Catholic
Church's social teaching, inspiring such figures as Dorothy Day and Pope John Paul II.
In social psychology, distributive justice is defined as perceived fairness of how rewards
and costs are shared by (distributed across) group members. For example, when some
workers work more hours but receive the same pay, group members may feel that
distributive justice has not occurred.
To determine whether distributive justice has taken place, individuals often turn to
the behavioral expectations of their group. If rewards and costs are allocated according
to the designated distributive norms of the group, distributive justice has occurred.
Types of Distributive Norms
Five types of distributive norm are defined by Donelson R. Forsyth:
1. Equality: Regardless of their inputs, all group members should be given an
equal share of the rewards/costs. Equality supports that someone who
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contributes 20% of the group's resources should receive as much as someone
who contributes 60%. .
2. Equity: Members' outcomes should be based upon their inputs. Therefore, an
individual who has invested a large amount of input (e.g. time, money, energy)
should receive more from the group than someone who has contributed very
little. Members of large groups prefer to base allocations of rewards and costs on
equity.
3. Power: Those with more authority, status, or control over the group should
receive less than those in lower level positions.
4. Need: Those in greatest needs should be provided with resources needed to
meet those needs. These individuals should be given more resources than those
who already possess them, regardless of their input.
5. Responsibility: Group members who have the most should share their
resources with those who have less.
Outcomes
Distributive justice affects performance when efficiency and productivity are
involved. Improving perceptions of justice increases performance. Organizational
citizenship behaviors (OCBs) are employee actions in support of the organization that
are outside the scope of their job description. Such behaviors depend on the degree to
which an organization is perceived to be distributively just. As organizational actions
and decisions are perceived as more just, employees are more likely to engage in
OCBs. Perceptions of distributive justice are also strongly related also to the withdrawal
of employees from the organization.
Wealth
Distributive justice considers whether the distribution of goods among the members of
society at a given time is subjectively acceptable.
Not all advocates of consequentialist theories are concerned with an equitable society.
What unites them is the mutual interest in achieving the best possible results or, in
terms of the example above, the best possible distribution of wealth.
Environmental Justice
Distributive justice in an environmental context is the equitable distribution of a society's
technological and environmental risks, impacts, and benefits. These burdens include air
pollution, landfills, industrial factories, and other environmental burdens.
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Distributive justice is an essential principle of environmental justice because there is
evidence that shows that these burdens cause health problems, negatively affect quality
of life, and drive down property value.
The potential negative social impacts of environmental degradation and regulatory
policies have been at the center environmental discussions since the rise of
environmental justice. Historically, in the United States, environmental burdens fall on
poor communities that are predominantly African-American, Native-American, Latino,
and Appalachian.
In Policy Positions
Distributive justice theory argues that societies have a duty to individuals in need and
that all individuals have a duty to help others in need. Proponents of distributive justice
link it to human rights.
Many governments are known for dealing with issues of distributive justice, especially
countries with ethnic tensions and geographically distinctive minorities.
Post-apartheid South Africa is an example of a country that deals with issues of reallocating
resources with respect to the distributive justice framework.
________
Redistributive Justice is the equalization of property and wealth ownership by
direct political fiat. It includes taxation designed to move wealth from one group to
another, "land reform" and other means to promote "equality”. It is frequently associated
with Marxism, socialism, or the transition from aristocracy or other form of oligarchy to
more broadly based governments.
Justice is relative in this regard as to the beneficiary of the redistribution versus
the donor/s and may not reflect concepts of social justice. The source of the wealth to
be redistributed is therefore an important component of the actual justice of the
redistribution. Whether the donation is voluntary or being co-opted by force is a key
determination of justice. Redistributive justice is appealed to when wealth redistribution
is justified on utilitarian grounds and when these grounds are used to override individual
rights and property rights.
We [who?] should distinguish between distributive and redistributive systems. Distributive
justice is where the government has an income or an asset that it owns (e.g. oil
reserves) and it distributes the wealth as it sees fit to its concept of
justice. Redistributive justice is exercised by government through taxation or
expropriation of property. Redistributive justice removes wealth from some members of
society under the government's jurisdiction through governmental powers, for the
benefit of others whom the government determines as in need or deserving.
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VII. Social Justice Warriors
"Social Justice Warrior" (SJW) is a pejorative term for an individual who
promotes socially progressive views, including feminism, civil rights,
and multiculturalism. The accusation that somebody is an SJW carries implications that
they are pursuing personal validation rather than any deep-seated conviction, and
engaging in disingenuous arguments.
The phrase originated in the late 20th century as a neutral or positive term for people
engaged in social justice activism. In 2011, when the term first appeared on Twitter, it
changed from a primarily positive term to an overwhelmingly negative one. During
the Gamergate controversy, the negative connotation gained increased use, and was
particularly aimed at those espousing views adhering to social liberalism, cultural
inclusivity, or feminism, as well as views deemed to be politically correct.
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Origin
Original Meaning
Dating back to 1824, the term social justice refers to justice on a societal level. From the
early 1990s to the early 2000s, social-justice warrior was used as a neutral or
complimentary phrase, as when a 1991 Montreal Gazette article describes union
activist Michel Chartrand as a "Quebec nationalist and social-justice warrior".
Katherine Martin, the head of U.S. dictionaries at Oxford University Press, said in 2015
that "[a]ll of the examples I've seen until quite recently are lionizing the person". As of
2015, the Oxford English Dictionary had not done a full search for the earliest usage.
Pejorative Meaning
"the 'social justice warrior,' i.e., the stereotype of the feminist as unreasonable,
sanctimonious, biased, and self-aggrandizing."
Scott Selisker
According to Martin, the term switched from primarily positive to negative around 2011,
when it was first used as an insult on Twitter. The term's negative use became
mainstream due to the 2014 Gamergate controversy, emerging as the favored term of
Gamergate proponents to describe their ideological opponents. In Internet and video
game culture the phrase is broadly associated with the Gamergate controversy and
wider culture war, including the 2015 Sad Puppies campaign that affected the Hugo
Awards. Usage of the term as a pejorative was popularized on websites such
as Reddit, 4chan, and Twitter.
Description
The negative connotation has primarily been aimed at those espousing views adhering
to social progressivism, cultural inclusivity, or feminism. This usage implies that a
person is engaging in disingenuous social justice arguments or activism to raise his or
her personal reputation. Allegra Ringo writes for Vice that "in other words, SJWs don't
hold strong principles, but they pretend to. The problem is, that's not a real category of
people. It's simply a way to dismiss anyone who brings up social justice."
The term is commonly used by participants in online discussion in criticism of
feminism. Scott Selisker, writes in New Literary History, "[Forum participants] often
make personal criticisms of what they see as a type: the 'social justice warrior,' i.e., the
stereotype of the feminist as unreasonable, sanctimonious, biased, and selfaggrandizing".
In August 2015, social justice warrior was one of several new words and phrases added
to Oxford Dictionaries. Martin states that "the perceived orthodoxy [of progressive
politics] has prompted a backlash among people who feel their speech is being policed".
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Use of the term has been described as attempting to degrade the motivations of the
person accused of being an SJW, implying that their motives are "for personal validation
rather than out of any deep-seated conviction".
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VIII. References
1. https://en.wikipedia.org/wiki/Social_justice
2. https://en.wikipedia.org/wiki/Activism
3. https://en.wikipedia.org/wiki/Economic_justice
4. https://en.wikipedia.org/wiki/Economic_inequality
5. https://en.wikipedia.org/wiki/Education_for_Justice
6. https://en.wikipedia.org/wiki/Environmental_justice
7. https://en.wikipedia.org/wiki/Resource_justice
8. https://en.wikipedia.org/wiki/Distributive_justice
9. https://en.wikipedia.org/wiki/Redistributive_justice
10. https://en.wikipedia.org/wiki/Social_justice_warrior
11. https://www.researchgate.net/publication/310769309_Social_Justice_Theory
12.
https://www.researchgate.net/publication/273366488_Defining_Social_Justice_in_a_Soc
ially_Unjust_World
13.
https://www.researchgate.net/publication/318075767_Social_justice_and_the_formal_pri
nciple_of_freedom/link/5957d353aca272c78abc8653/download
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memory also necessarily is involved in social intelligence;
it allows for storing and recalling social information.
This type of memory typically is
(operationalized) as a memory for name and faces
but may cover a broader range of contents (Kosmitzki
and John 1993). Social intelligence also involves social
knowledge, which involves the “procedural” social
memory associated with memory and understanding
(Weis and Süß 2007). Added to these aspects of social
memory would be the ability to deal with people and
use appropriate social techniques in interactions with
others. These more developed definitions continue to
address Thorndike’s (1920) differentiation between
a cognitive component (involving understanding social
relationships) and behavioral component (involving
the management of relationships) of social intelligence.
Despite the significance of social intelligence to
social functioning, research in this area has not developed
considerably. Nor has this area of study focused
much on the period of adolescence or considered fully
the developmental components of what would constitute
social intelligence. Rather than focus on social
intelligence itself, the study of adolescence has focused
more on related areas such as social skills, selfregulation,
and interactions with peers and family
members. These areas of research are all related closely
to social intelligence, but they do not address it directly
to develop, for example, measures that would assess
social intelligence in a way that intelligence is assessed,
which is what the field of social intelligence has
attempted to do but mainly with adults. This area of
research remains a potentially fruitful one if it would
specifically focus on adolescents and youth to understand
better the developmental roots, changes, and
nature of social intelligence.
Cross-References
▶ Emotional Intelligence
References
Kloep, M. (1999). Love is all you need? Focusing on adolescents’ life
concerns from an ecological point of view. Journal of Adolescence,
22, 49–63.
Kosmitzki, C., & John, O. (1993). The implicit use of explicit
conceptions of social intelligence. Personality and Individual
Differences, 15, 11–23.
Spear, L. P. (2000). The adolescent brain and age-related behavioral
manifestations. Neuroscience and Biobehavioral Reviews, 24,
417–463.
Thorndike, E. (1920). Intelligence and its uses. Harper’s Magazine,
140, 227–235.
Weis, S., & Süß, H. (2007). Reviving the search for social intelligence-
A multitrait-multimethod study of its structure and construct
validity. Personality and Individual Differences, 42, 3–14.
William, D., Killgore, S., & Yurgelun-Todd, D. A. (2007). Neural
correlates of emotional intelligence in adolescent children.
Cognitive, Affective & Behavioral Neuroscience, 7, 140–151.
Social Justice Theory
SALLY M. HAGE, ERIN E. RING, MELANIE M. LANTZ
Division of Counseling Psychology, University at
Albany, Albany, NY, USA
Overview
The intent of this essay is to provide a concise overview
of the relevance and implications of social justice theory
to adolescence. To begin, a description of what is
meant by the term “social justice” is presented. Next,
the relevance of social justice theory to adolescence is
described, and relevant research addressing critical
social justice issues in adolescent populations is explicated.
Finally, future research directions and the implications
of a social justice approach to work with
adolescents are discussed.
Introduction
For several reasons, social justice theory is important to
consider in the context of adolescence. Research has
shown that the effects of social injustice are deleterious
in the adolescent population. Poverty and family dysfunction
serve as risk factors for a number of setbacks
in adolescence, including mental, emotional, and
behavioral disorders, delayed cognitive development,
and poor physical well-being (O’Connell et al. 2009).
Furthermore, these negative effects disproportionately
affect the lives of children and adolescents. The rate of
children and youth living in poverty in America has
been consistently higher than that of adults for decades,
more than 1½ times higher, and this rate continues to
increase. For example, the percentage of adolescent
children (ages 12–17) living in low-income families
increased from 33% in 2000 to 36% in 2008 (Wight
and Chau 2009).
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Furthermore, it is children and adolescents within
communities of color, who are often among those most
negatively impacted by situations of inequality and
injustice. For example, ethnic minority children and
those in low-income households are more likely to
experience heightened rates of violence and less likely
to live in neighborhoods that offer resources such as
parks, museums, and libraries (O’Connell et al. 2009).
Neighborhoods without such features are less able to
promote the positive development and well-being of
young people (O’Connell et al. 2009). Before delving
into this research, it is important to provide a clear
definition of the term “social justice.”
Defining Social Justice
Social justice is generally defined as the fair and equitable
distribution of power, resources, and obligations
in society to all people, regardless of race or ethnicity,
age, gender, ability status, sexual orientation, and religious
or spiritual background (Van den Bos 2003).
Fundamental principles underlying this definition
include values of inclusion, collaboration, cooperation,
equal access, and equal opportunity. Such values are
also the foundation of a democratic and egalitarian
society (Sue 2001). In addition, a crucial link exists
between social justice and overall health and wellbeing.
For individuals, the absence of justice often
represents increased physical and emotional suffering
as well as greater vulnerability to illness. Furthermore,
social justice issues and access to resources are also
inexorably tied to collective well-being (e.g., relationships
and political welfare) of families, communities,
and society (Hage 2005; Kenny and Hage 2009;
Prilleltensky and Nelson 2002).
Effects of Inequality on Adolescents
Much research documents the adverse effects of poverty
and inequality on the physical, psychological, and
social development of adolescents (e.g., Evans and Kim
2007; Hay et al. 2007; Wadsworth et al. 2008; Young
et al. 2001). For example, Abernathy et al. (2002) noted
that adverse health outcomes start in infancy, as poverty
is associated with higher rates of infant mortality.
In their study, they assessed how the home environment
and family income level affect adolescents’ physical
well-being. Results showed that negative healthrelated
behaviors were associated with lower levels of
income. Specifically, adolescents living in lowerincome
families were more likely to live in a smoking
household, more likely to smoke cigarettes themselves,
and were less physically active. Adolescents in lowerincome
families were also less likely to have a regular
physician (Abernathy et al. 2002).
Elgar et al. (2005) also found evidence of
a relationship between negative health behaviors and
socioeconomic status. These authors investigate the
effects of national-level income inequality – that is,
income disparities between the rich and poor – on
negative health behaviors, such as drinking and
smoking. Elgar et al. (2005) assessed the relationship
between living in a country with higher levels of
income inequality and alcohol consumption among
11, 13, and 15-year-olds. They found that the 11- and
13-year-olds living in countries with more income
inequality were significantly more likely to drink alcohol.
They were also more likely to drink more often,
and the 11-year-olds were more likely to drink until
a state of drunkenness was achieved (Elgar et al. 2005).
Much literature confirms the link between poverty
in adolescence and adverse health risks and conditions
(e.g., Evans and Kim 2007). These negative health factors
may contribute to a shortened lifespan for adolescents
living in poverty, and likely contribute to higher
rates of chronic health problems among adults living in
poverty. For example, Miech et al. (2006) found that
rates of obesity were higher among poor adolescents,
with adolescents in their sample also less likely to be
physically active. Vieweg et al. (2007) found a similar
link between poverty and obesity. They found that
receiving public health insurance (and lack of private
health insurance) was positively correlated with
unhealthy weight levels in adolescents. In addition,
the incidence of unhealthy weight was highest in Hispanic
adolescents, followed by Black adolescents
(Vieweg et al. 2007).
The psychological effects of living in poverty have
been shown to be equally problematic during adolescence.
Adolescents living in poverty often cope with
stressful life situations, such as domestic disputes and
neighborhood violence, at a higher rate than youth
from families with adequate income (Center for Disease
Control 2007). In addition, adolescents of color
are more likely than White adolescents to live in the
poorest, crime-ridden neighborhoods, which place
racial minority adolescents at greater risk of exposure
S
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to violence and the effects of negative environments
(Douglas-Hall et al. 2006; Schiavone 2009).
Schiavone (2009) interviewed adolescents living in
impoverished communities about their encounters
with violence. All 14 racial minority youths interviewed
indicated that they frequently witnessed violence in
their communities. Participants described these experiences
as emotionally distressing, leading to feelings of
helplessness and fear, which caused them to be distrustful
(Schiavone 2009). Furthermore, living under
conditions of poverty also tends to demand adult
role-taking earlier among adolescence (Dashiff et al.
2009). Dashiff et al. (2009) found that adolescents’
awareness of the financial difficulties their parents
face appeared to cause negative mood effects, a sense
of helplessness, and shame. Adolescents living in poverty
are also more at risk for depression, substance
abuse, and early sexual activity. Despite these increased
mental health risks, the authors found that
impoverished communities often lacked adequate
mental healthcare (Dashiff et al. 2009).
Simultaneously, school environments often serve to
perpetuate and institutionalize systems of injustice for
adolescents (Kozol 1991, 2005). Public school districts
in the most impoverished communities have fewer
resources and opportunities for their youth. For example,
in 2003, New York City spent $11,627 on the
education of each child, while in Nassau County on
Long Island, New York, the town of Manhasset spent
$22,311 (Kozol 2005). Too often, classrooms in poorer
communities are overcrowded, understaffed, and
lacking basic equipment and textbooks needed for
teaching (Kozol 1991). In addition, such schools are
comprised of mostly Black and Hispanic students,
often accounting for a majority of the student body.
Following his tour of 60 American public schools,
Kozol (1991) found that conditions had actually
grown worse for urban children in the 50 years since
the Supreme Court landmark ruling of Brown versus
the Board of Education, in which the policy of segregated
schools was dismantled. As described by Kozol
(2005), “What is happening right now in the poorest
communities of America – which are largely black
communities... is the worst situation black America
has faced since slavery” (p. 313).
Schools and family environments also may be
unsafe environments for gay, lesbian, bisexual, and
transgender youth. Perceived sexuality has been noted
to be a primary reason for harassment in schools
(Matthews et al. 2009). Lesbian, gay, and bisexual
youth who have experienced rejection during adolescence
were also recently found to be 8.4 times more
likely to report having attempted suicide, 5.9 times
more likely to report high levels of depression, 3.4
times more likely to use illegal drugs, and 3.4 times
more likely to report having engaged in unprotected
sexual intercourse compared with peers from families
that reported no or low levels of rejection (Ryan et al.
2009). These results mirrored other studies, which
found that harassment or rejection in the school environment
due to individual differences was harmful to
adolescent development, putting such youth at greater
risk for substance use, poorer grades, lower self-esteem,
and poorer mental health (Descamps et al. 2000; Gay,
Lesbian and Straight Education Network 2005; Hodges
and Perry 1999).
One of the primary avenues for promoting social
justice and reducing inequality for adolescents is
through the implementation of preventive interventions.
The following section will describe examples of
preventive interventions with youth, and guidelines
and principles for their implementation.
Preventive Interventions and Social
Justice
Preventive interventions may function best by targeting
risk factors and strengthening protective factors in
young people (Kenny et al. 2009; Wolf 2005). Protective
and risk factors occur both on an individual and societal
level, thus affecting adolescents within multiple
communities and systems. Protective factors include
the abilities that at-risk individuals have to develop
strengths in spite of negative environmental circumstances
(e.g., poverty, prejudice, and discrimination)
(Walsh et al. 2009). Such factors can include resilience,
self-efficacy, community involvement, and academic
achievement. Although these components do not prevent
at-risk adolescents from facing social injustice,
they increase the likelihood of positive outcomes for
youth who face barriers related to their community,
school, or home environment.
Preventive interventions that promote social justice
are best designed as systemic interventions that reduce
inequality in a variety of settings such as schools and
communities (Kenny et al. 2009; Wolf 2005). These
prevention programs work to simultaneously increase
Social Justice Theory
S 2797
competencies and decrease problems in young people
in order to empower them (Wolf 2005). They strive to
give youth the knowledge and skills needed to more
effectively deal with situations of unequal social power,
as well as work to change social policies that may serve
as barriers in the promotion of social justice (Wolf
2005). Successful interventions provide adolescents,
families, and communities with the tools and motivation
needed to create change on both an individual and
systemic level and to promote social justice (Conyne
2004).
Contextual Factors for Adolescents
Well-designed preventive interventions take account of
social and contextual factors (e.g., poverty and discrimination),
and promote community-wide involvement
(Hage and Kenny 2009; Kenny et al. 2009). Ecological
theory is one useful model that is frequently utilized in
developing effective preventive interventions, as it
requires an awareness of many interacting contexts
that create adolescents’ life circumstances
(Bronfenbrenner 1979). These systems include the
social, familial, school, and community context of adolescents’
lives, all of which need to be considered in
creating, designing, and implementing effective preventive
interventions.
Guidelines for Effective Preventive
Interventions
Prevention scholars have begun to identify a set of
guidelines for effective social justice–oriented preventive
interventions that are relevant to work with
adolescents (Hage et al. 2007; Walsh et al. 2009). First,
it is imperative that prevention programs be designed
with an understanding of the social context specific to
adolescents (Walsh et al. 2009). More specifically,
programs should address both risk and protective
factors within each setting relevant to the lives of
adolescents, including the social, familial, school,
governmental, and community levels. Secondly,
programs should be created with the ultimate goal of
social justice and structural change, recognizing that
genuine change must go beyond an individual level
(Hage and Kenny 2009; Kenny et al. 2009). Thirdly,
effective preventive interventions are also geared
toward the appropriate developmental level of the target
population. For example, adolescence is characterized
by a transition from elementary school to high
school and into adulthood. With this transition come
decisions pertaining to work, school, family, and
increasing levels of responsibility both for oneself and
for one’s community. By recognizing adolescents’
unique developmental needs, preventive interventions
will more effectively support the transition from adolescence
into adulthood (Walsh et al. 2009).
In addition to attention to the unique developmental
needs of adolescents, preventive interventions
should take the cultural context of adolescents into
account in designing, implementing, and evaluating
prevention programs (Walsh et al. 2009). Multiple factors
shape the beliefs and behaviors of an individual
adolescent, including racial–cultural identity, ethnic
background, family traditions, peer behaviors, and
acculturation levels. These cultural influences create
an identity that is consistently changing and evolving.
Preventive programs that consider the cultural context
of adolescence attend to the norms, attitudes, beliefs,
and experiences of the target group of adolescents, in
their program development, implementation, and
evaluation efforts. Not attending to the context may
result in programs that inappropriately impose their
own values on the target population (Hage et al. 2007).
It is also important to note that collaboration across
a variety of disciplines, such as counseling, social work,
community psychology, and other related fields,
strengthens such programs so that individuals are able
to work toward structural change on multiple levels
(Hage et al. 2007; Walsh et al. 2009). This collaboration
is crucial because it reduces the potential for miscommunication
and allows for greater consideration of the
specific context of the target community, thereby
enhancing program relevance and likelihood of
a successful outcome. In addition, it is also imperative
that leaders evaluate the extent to which the program
meets their specific social justice goals (Walsh et al.
2009), such as a decrease in social inequities. Finally,
professionals need to carry out these programs over
time in order to reach as many individuals as possible
and sustain smaller, short-term changes that have been
made (Walsh et al. 2009).
In sum, these principles can be used to implement
prevention programs and can help program leaders
reach social justice goals by working to eliminate social
inequalities. A number of programs that work with
adolescents have used these factors to promote social
justice, and have shown promising results, as well as the
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2798
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Justice Theory
potential to create and maintain structural change.
Some examples of these programs are discussed in the
next section.
Examples of Preventive Interventions
That Promote Social Justice
The number of preventive interventions for adolescents
that target social justice has grown tremendously in the
past few years (Wolf 2005). One such program, known
as The Boston Connects Program, takes a multilevel
approach to promoting social justice by targeting students,
peers, families, schools, and communities
(Walsh et al. 2008). Students and families in the program
are provided with resources to improve academic
performance, social competencies, school and community
involvement, and support on the individual, peer,
and familial levels. The program involves a large-scale
intervention targeting both neighborhoods and schools
to address risk (e.g., violence, aggression) and protective
factors (e.g., mentorship and service opportunities).
Evaluations of this program revealed increased
support services for students, more community
involvement in schools, and improved academic success.
More specifically, data suggested that at-risk students
in the program progressed academically at the
same rate as (if not faster than) students who were not
in the program because they were not at risk (Kenny
et al. 2009).
An additional example is the Communities That
Care program based in Pennsylvania, which uses prevention
strategies to address problem behaviors of atrisk
adolescents in over 100 communities (Feinberg
et al. 2005). One of the most important features of
this program is a prevention board made up of community
members that create an individualized risk
assessment for each community. Preventive interventions
are then implemented for each community,
targeting problem behaviors such as teen pregnancy,
substance use, school dropout, and acts of violence.
Leaders from each community serve as the bridge for
program and community involvement, ultimately creating
a collaborative partnership in which all parties
work to establish social justice at the community level.
Program evaluations have shown multiple benefits,
including increased community involvement and collaboration
in programs, as well as improvements in
school performance, school safety, parenting, practices
and family and community relations (Hawkins et al.
2002; Jenson et al. 1997; Office of Juvenile Justice and
Delinquency Prevention [OJJDP] 1996). Evaluations
have also shown decreased problems in school (e.g.,
detention, failure, truancy, suspension, fighting) and
decreases in weapons charges, burglaries, and drug
offenses (Jenson et al. 1997; OJJDP 1996).
A third preventive program that works with adolescents
who face multiple societal barriers, such as poverty
and racism, is Tools For Tomorrow, which works
with urban youth in public high schools in Boston,
Massachusetts (Kenny et al. 2007). The focus of Tools
For Tomorrow is on a pivotal point in adolescence,
high school graduation. This program educates students
about further educational and career opportunities
available post-graduation, while also informing
them of structural barriers that they will inevitably
face due to the social stratification of society (e.g.,
racism, classism). The program’s ultimate goal is to
promote social justice for urban youth by addressing
barriers and giving students access to the tools needed
to prevent negative consequences of school dropout
(e.g., lifelong poverty). Initial findings demonstrate
that teachers who worked with students in the program
observed improvements in decision-making skills
(Solberg et al. 2002). Early evaluations also suggest
positive results pertaining to binge drinking, delinquent
behavior, and other targeted risk factors
(O’Connell et al. 2009). Finally, the program has also
formed a strong collaborative relationship between an
area university (i.e., Boston College) and the public
school system (i.e., Boston high schools), allowing the
intervention to initiate change from more than one
level.
The above preventive interventions provide examples
of effective programs that have worked to increase
awareness of social barriers and decrease social inequities
on multiple levels. By following the principles
and guidelines outlined above that speak to effective
preventive interventions (Walsh et al. 2009), professionals
in the helping profession can effectively design,
implement, and evaluate programs that promote social
justice and target risk and protective factors for
adolescents.
Conclusion
This essay provides an overview of critical issues related
to a social justice theory of adolescence. Researchers
interested in promoting social justice with adolescent
Social Justice Theory
S 2799
populations can contribute to existing work by identifying
the causes and effects of oppression in the larger
society, and by exploring how oppression and its consequences
can be prevented. Examples include studies
on preventing dating violence (Cornelius and
Resseguie 2007), preventing bias against gay and lesbian
youth (Fisher et al. 2008; Morsillo and
Prilleltensky 2007) and promoting career development
for adolescent girls (O’Brien et al. 2000). In sum, in
order to impact issues relevant to social justice in
adolescents, researchers need to work toward developing
effective preventive interventions that address societal
issues of discrimination, and exploitation, such as
bias against people based on their race, ethnicity, sexual
orientation, age, religion, and gender (APA 2003; Perry
and Albee 1994).
The examples of social justice prevention practice
contained in this essay are meant to provide direction
to practitioners, researchers, and theorists in mitigating
the harmful effects of poverty and other inequities on
youth, and in empowering youth to use their skills and
knowledge to engage in creating social change.
A primary avenue for cultivating adolescents’ skills
and awareness is through education about the social
and historical context of social injustice and about
factors that contribute to the well-being of all adolescents.
Roaten and Schmidt (2009) propose beginning
such education as early as elementary school by
integrating experiential activities and self-awareness
exercises into classroom meetings and curricula. Such
activities aim at expanding children’s knowledge of
social inequality and sense of cultural empathy.
They note that such activities not only increase
self-awareness but also lead students to confront
their biases and ethnocentricity (Roaten and Schmidt
2009).
Furthermore, in addition to education about
oppression and to designing preventative interventions
aimed at reducing or eliminating the negative effects of
social injustice on adolescents, scholars and youth
leaders need to engage in substantial policy change to
adequately address pressing social concerns facing adolescents.
For example, professionals can engage in training
of school personnel (e.g., teachers, psychologists) to
assist them with developing skills and knowledge about
implementing prevention projects that target adolescents
(Romano 1997). Youth leaders might also become
actively involved in political initiatives that lend their
expertise as it relates to health promotion and the prevention
of psychological and physical distress among
adolescents. Examples include public advocacy initiatives
and legislation to reduce community and school
violence, to reduce adolescent drug use, and support for
cigarette smoking bans in schools and other places
frequented by youth. Professionals can further advocate
for the support of federal funding priorities that address
adolescent health promotion through agencies such as
the National Institute of Mental Health, Substance
Abuse and Mental Health Services Administration,
and the Office of Juvenile Justice and Delinquency.
These efforts will work toward ensuring that all youth
are provided with resources and opportunities to
become successful leaders for the next generation.
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Social Learning Theory
ROGER J. R. LEVESQUE
Indiana University, Bloomington, IN, USA
Social learning theory emphasizes the importance of
observing and modeling the behaviors, attitudes, and
emotional reactions of others and focuses on the reciprocal
action between individuals and their environment
to determine some aspects of behavior. It is one
of the most popular theories in psychological science
and criminology. In psychological science, Bandura
(1969, 1973) proposed a social learning model that
spans both cognitive and behavioral frameworks by
encompassing attention, retention, reproduction, and
motivation. His model has been applied extensively to
the understanding of aggression and psychological disorders,
especially in the context of behavior modification.
In criminology, Akers (1973, 1990, 1998)
proposed a social learning theory composed of four
major concepts – differential association, reinforcement,
imitation/modeling, and definitions. Akers’ theory
proposes that individuals learn criminal behaviors
as they do noncriminal ones and seeks to specify how
they learn these criminal and noncriminal behaviors
and behavioral cues through reinforcement. Akers’ theory
suggests that individuals learn to anticipate rewards
and punishments for criminal behaviors within intimate
associations to the extent that these behaviors
were previously reinforced, either directly or vicariously.
Once behavioral consequences are anticipated,
the theory assumes that reinforcement will increase the
chances of the behavior since individuals are deemed to
maximize rewards and minimize punishments. Social
learning theory, regardless of whether it seeks to
explain aggression (Bandura 1977) or delinquent
behavior (Akers), importantly incorporates protective
and preventive factors in addition to factors that facilitate
the problem behavior under investigation. The
focus is on the balance of influences that make for the
probability of problem or conforming behavior, and
those influences are not only from one’s learning
history but also from those operating within given
situations and those that are predictive of future
behavior.
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Bandura, A. (1977). Social learning theory. New York: General Learning
Press.
Social Networking in Online
and Offline Contexts
AMORI YEE MIKAMI 1 ,DAVID E. SZWEDO 2
1 University of Virginia, Charlottesville, VA, USA
2 Department of Psychology, University of Virginia,
Charlottesville, VA, USA
Overview
Adolescence is a developmental period in which social
networks (cohesive groupings of peers to which the
youth belongs) become important for identity, adjustment,
and future relationships. This essay provides an
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In A Socially Unjust World
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SOCIAL JUSTICE
Defining Social Justice
in a Socially Unjust World
by Michael Reisch
The Evolution of
the Concept of Social Justice
ONE OF THE IRONIES OF THE EARLY twenty-first
century is that ideological struggles between and within
nations have intensified a decade after the end of the Cold
War. Today, proponents of diametrically opposed visions
of society, secular and religious, march under the banner
of social justice. As desirable social and political goals are
depicted in starkly different forms, labels like “good” and
“evil” become interchangeable and the meaning of social
justice becomes obscured. As it has been for millennia, the
concept of social justice is now used as a rationale for
maintaining the status quo, promoting far-reaching social
reforms, and justifying revolutionary action. If liberals and
conservatives, religious fundamentalists, and radical secularists
all regard their causes as socially just, how can we
develop a common meaning of the term?
Although fascinating and vitally important, a full exploration
of this question is better suited for another essay.
This article will focus instead, somewhat more narrowly,
on how the concept of social justice in Western societies
has influenced contemporary social welfare. The evolution
of this concept reflects, in part, the shift towards a secular
and materialist culture, and the changes this transformation
produced in people’s fundamental assumptions about
human nature, society, and the state. As the meaning of
social justice changed, it became increasingly complex and
conflict-ridden, both as an idea and in its applications.
Today, for example, our understanding of social justice is
inextricably connected to our definition of terms like
equality and freedom, and to sweeping policy questions
about the relative responsibilities and obligations of individuals
and society.
Originally, the idea of social justice was groupspecific—that
is, it was applied solely to a particular people
or nation with the intention of redressing the effects of hierarchical
inequalities, particularly inherited inequalities.
The Bible, for example, introduces the idea of a “jubilee
year,” when slaves would be freed, debts and obligations
liquidated, and land returned to its original owners. In this
usage, however, social justice was not regarded as universal
in its application. Also, it focused primarily on issues of
economic redistribution largely among individuals.
In The Republic, Plato (1974, trans.) expanded the
meaning of justice by equating it with human well-being.
He linked the concept of individual and social justice by
asserting that justice was derived from the harmony between
reason, spirit, and appetite present in all persons.
Within this formulation, if a society lacked such harmony,
justice could not be achieved. Yet, Plato’s view of justice
did not include a belief in equality. In fact, since he regarded
class distinctions as essential for the effective functioning
of society, he argued that justice would be
achieved when each person received those goods they deserved
based on their prescribed position in the social
order. In other words, that unequals would be treated unequally.
Social justice, therefore, would not involve efforts
to transform or transcend existing societal structures, but
rather would guarantee that existing institutions would
continue to function as intended.
Aristotle further developed this concept of justice in
The Nicomachian Ethics (1980, trans.), where he introduced
a view of justice that anticipates modern debates
about issues of resource allocation. Aristotle regarded justice,
as fulfilled through law, as the principle that ensures
social order through the regulation of the allocation and
distribution of benefits. In Book V, Aristotle states, “equality
for the people involved will be the same as for the
things involved, since [in a just society] the relation between
the people will be the same as the relation between
the things involved. For if the people involved are not
Families in Society: The Journal of Contemporary Human Services
Copyright 2002 Families International, Inc.
343
FAMILIES IN SOCIETY • Volume 83, Number 4
equal, they will not [justly] receive equal shares; indeed,
whenever equals receive unequal shares, or unequals equal
shares, … that is the source of quarrels and accusations”
(p. 123). Yet, like Plato and many other philosophers and
political leaders over the past 2,000 years, Aristotle did not
regard people as fundamentally equal. His view of equality
and justice applied only to those individuals who occupied
the same stratum of a hierarchical social order—for
Aristotle, this meant Athenian men of property. This interpretation
of justice rationalized the coexistence of slavery
or oppression for the many with a democratic polis for
the few (Campbell, 1989).
Universal concepts of justice first appeared between
1,500 and 2,500 years ago in the teachings of most of the
world’s great religions,
such as Judaism, Christianity,
Islam, and Buddhism,
and in Western literature of
this period, such as the
Greek tragedies of Sophocles
and Aeschylus. The
idea of one universal or allpowerful
deity became
linked with the pursuit of a
divine vision for humankind,
one in which
universal justice was attained,
either in this life or
the afterlife. Ironically, as these religions evolved, religious
institutions and religiously sanctioned hierarchies emerged
that undermined this initial conception of justice. In addition,
the exclusivity and competition among proponents
of different religions—increasingly linked to states or empires—further
undermined the ideal of justice for all. In
this context, it is not surprising that the reemergence of
the concept of justice in Western societies occurred concurrently
with the growth of secular humanism and the
spirit of rationalism in the seventeenth and eighteenth centuries
(Gay, 1966; Israel, 2001). In the early modern period,
this conception of justice was initially used to rationalize
the consolidation of state power under the authority
of absolute monarchs.
Like Aristotle, the foremost proponent of this perspective,
the English philosopher Thomas Hobbes (1996), regarded
the construction of an external authority—the
state or leviathan—as an essential ingredient in the maintenance
of a just society. This was not because he considered
government the embodiment of the collective will of
people who were naturally just, but because he viewed humans
as antisocial and driven by their baser instincts—an
Throughout the nineteenth and twentieth
centuries, however, the gap between the
ideal of social justice and the reality of
persistent inequality and injustice became
more apparent …
idea that still resonates in the early twenty-first century. In
Hobbes’s conception of justice, the state would create and
enforce laws and social norms to preserve peace and restrain
individuals from harming each other in the pursuit
of their self-interests. This view of justice complemented
perfectly the emergence of commercial and industrial capitalism
(van Mill, 2001; Isbister, 2001). Through the Elizabethan
Poor Laws it shaped Western models of social
welfare to the present, particularly in Great Britain and
North America.
During the seventeenth and eighteenth centuries, the
idea of justice was strongly connected in the West to the
scientific revolution (which sought to discover universal
nonreligious truths) and the Enlightenment (which
sought to apply these scientific
discoveries to society
and its institutions). As part
of their structural analyses
of society, political philosophers
during the “age of
revolution,” such as
Rousseau (1754/1994),
and their nineteenth century
successors constructed
a series of metanarratives
that explained the persistence
of injustice. To a considerable
extent, the frameworks
they constructed over two centuries ago shaped the
formation of most modern institutions in the West,
including the relationship between the state and social
welfare (Roemer, 1996).
The great political and social revolutions of the late
eighteenth century also contained a revolutionary idea of
justice. Both explicitly and implicitly, the pursuit and realization
of social justice were now inextricably linked to the
preservation of individual liberty or freedom, the achievement
of equality (of rights, opportunities, and outcomes),
and the establishment of common bonds of all humanity
(fraternity or mutuality). Both the American and French
revolutions linked their social justice goals with the “pursuit”
or “the perfection of happiness” (Saint-Just, de,
1968, ed.). In theory, this required the creation of societies
that would maximize both individual and collective
well-being. Through such documents as the American
Declaration of Independence and the French Universal
Declaration of the Rights of Man and Citizen, social justice
became the unwritten linchpin of so-called “natural
rights” that, in rhetoric if not reality, would now be applied
to all people.
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Reisch • Defining Social Justice in a Socially Unjust World
Throughout the nineteenth and twentieth centuries,
however, the gap between the ideal of social justice and
the reality of persistent inequality and injustice became
more apparent, as did the difficulty of reconciling the goal
of social equality with the preservation of individual liberties
(Berlin, 1958). The elites that dominated emerging
nation-states rationalized their power by distinguishing in
both rhetoric and practice between political and economic
justice, and separating the abstraction of justice from the
legal concept of individual or social rights (Mill, 1971;
Sandel, 1982). This enabled them to withhold political
rights from the majority of the population, virtually ignore
the issue of social and economic rights (the so-called “Social
Question,” and even deny the humanity of large numbers
of people, particularly women and persons of color
(Miller, 1999; Nussbaum, 1999). The growing recognition
of the gap between social justice as an abstraction and
injustice as a fact of life produced a torrent of critical ideas
that inspired most of the reform movements and revolutions
of the period between 1815 and the outbreak of
World War I.
Foremost among the critics of these contradictions was
Karl Marx, who applied a rigorous, “scientific” politicaleconomic
analysis to the philosophic arguments of those
he pejoratively labeled “utopian socialists.” In contrast
with many contemporary economists (and twentieth century
Marxists), Marx expressed a holistic view of the
human condition and the social reality from which it
emerged. He argued that human beings did not have a
fixed, innate nature, but were defined by their social relationships
that, in turn, were dependent on the economic
structure of society and the classes it produced. Unlike
Hobbes, Marx rejected the idea that injustice was the byproduct
of natural human competition, selfishness, and
aggression. He asserted that the roots of injustice lie, instead,
in the political-economic structure that was based
on subjugation, discrimination, exploitation, and privilege
(Berlin, 1996). Justice would prevail, therefore, when individuals
received what they needed on the basis of their
humanity and not merely what they deserved on the basis
of their social class origin or productivity (Marx, 1964).
Thus, in the West, the idea of social justice gradually became
closely associated with the concept of a social contract
involving mutual rights and obligations. Nineteenth century
Liberals and Marxists differed sharply, however, in their
interpretation of the terms of this contract. The former emphasized
the preservation of individual liberty, including
property rights, and the latter stressed the attainment of social
equality (Tomasi, 2001; Ackerman, 1980; Barry, 1989;
Berlin, 1978; Bird, 1967; Campbell, 1989; Nozick, 1974).
In one sense, the debate revolved around distinctions between
contributive and distributive views of justice and the
implications of these concepts for the allocation of social
rights, goods, and responsibilities (White, 2000; Roemer,
1996; George & Wilding, 1994; Held, 1984).
During much of the twentieth century, although differences
emerged over the relative balance of these rights
and responsibilities, there was broad agreement in the
West that a social justice paradigm must incorporate various
means of achieving a fair distribution of societal
goods—tangible and intangible. In addition, there was
agreement that the ways in which society should pursue
such goals must be based on some accounting for either
the contribution of the individual to society or the individual’s
past, present, and potential role and status.
Summarizing this perspective, Miller (1976, 1999, 2001)
asserts that social justice reflects
the distribution of benefits and burdens throughout
a society, as it results from the major social institutions
such as property systems and public organizations.
It deals with such matters as the regulations of
wages and … profits, the protections of persons’
rights through the legal system, the allocation of housing,
medicine, welfare benefits, etc. (1976, p. 222)
Miller’s view of social justice is one of “just distribution”
that is not dependent on the nature of the goods allocated
or the policy domain, but on “modes of human relationship”
(Miller, 1999; Grogan, 2000). Recently,
feminist philosophers like Nussbaum and Held have added
a gender dimension to this conception of social justice
(Nussbaum, 1999; Held, 1995).
Yet, there has been little consensus about the balance
within a social justice framework between individual and
group entitlements and social obligations. In brief, there
have been six different ways in which distributive justice
has been described:
• Equal rights (to intangibles such as freedom) and equal
opportunity to obtain social goods, such as property
• Equal distribution to those of equal merit
• Equal distribution to those of equal productivity
• Unequal distribution based upon an individual’s needs
or requirements
• Unequal distribution based upon an individual’s status
or position
• Unequal distribution based upon different “contractual”
agreements
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FAMILIES IN SOCIETY • Volume 83, Number 4
During the twentieth century, the most popular approach
to the problem of distribution was based on utilitarian
arguments, whose calculus presupposes the rational
ordering of social goods to achieve what John Stuart Mill
(1971) termed the “greatest net balance of satisfaction” for
society. In the late twentieth century, this view was often
linked with the assumption that the prioritization of social
goals occurs through a process equally accessible to all
members of society in a manner that promotes generalized
benevolence. Yet, in his contemporary classic, A Theory of
Justice (1971, 1999), Rawls argues that as a philosophical
guide utilitarianism creates no imperative of social justice,
since it can be used to rationalize a concentration of goods
benefiting the privileged classes of society. Instead, the justice
of a system must be measured, he argued, based “on
how fundamental rights and duties are assigned and on the
economic opportunities and social conditions in the various
sectors of society” (p. 7; see also Rawls, 2001).
Rawls based his conception of distributive justice on the
premise that “all social values … are to be distributed equally
unless an unequal distribution of any, or all, of these values
is to everyone’s advantage” (p. 62). He derived what he
called his maximin theory from two fundamental principles:
• Each person has an equal right to the most extensive system
of personal liberty compatible with a system of total liberty
for all
• Social and economic inequality are to be arranged so that
they are both (a) to the greatest benefit to the least advantaged
in society and (b) attached to positions open to all
under conditions of fair equality of opportunity
From these principles of justice, Rawls articulated a
“principle of redress,” which established the philosophical
basis for social policies directed toward a more just distribution
of social goods. Other scholars have applied this
principle to support policies like affirmative action and
reparations for African Americans (Maguire, 1980; Robinson,
2000). As stated by Rawls, the principle seems particularly
well-suited to the social work profession’s goal of
eliminating racial, gender, and economic inequalities.
Undeserved inequalities call for redress; and since
inequalities of birth and natural endowment are
undeserved, these inequalities are to be somehow
compensated for. Thus, the principle holds that in
order to treat all persons equally, to provide genuine
equality of opportunity, society must give more attention
to those with fewer native assets and to those
born into the less favorable social positions. The idea
is to redress the bias of contingencies in the direction
of equality. (1971, p. 100)
This view of distributive justice found adherents in religious
circles as well. In their famous pastoral letter
(1986), the U.S. Conference of Catholic Bishops went
even further than Rawls. The bishops asserted that “distributive
justice requires that the allocation of income,
wealth, and power in society be evaluated in light of its effect
on persons whose basic needs are unmet” (paragraph
70). The document also stated that “social justice implies
that persons have an obligation to be active and productive
participants in the life of society and that society has a
duty to enable them to participate in this way.” Thus, the
concept of social justice “also includes a duty to organize
economic and social institutions so that people can contribute
to society in ways that respect their freedom and the dignity
of their labor” (paragraphs 71 & 72, emphases added).
Part of the appeal of Rawls’ theory and the Bishops’ letter
is in the synthesis they forged between two competing
meta-analyses—liberalism and socialism—whose conflicting
influences have been regarded as central to the development
of modern Western social welfare (George &
Wilding, 1994). Rawls’ “difference principle” and the duties
articulated by the pastoral letter seek to equalize life
chances for people across racial, gender, and class lines, but
never at the expense of the basic liberal freedoms protected
by the “equal liberty principle” (Tomasi, 2001; Gutman,
1989; Moon, 1988; Sandel, 1982; Ackerman, 1980).
This synthesis is particularly compelling for the social work
profession because of its historic emphasis on both the
preservation of individual human rights and dignity—best
expressed through the concept of self-determination—and
the redistribution of resources to promote the well-being
of disadvantaged populations (National Association of Social
Workers, 1996). It also offers social reformers a conceptual
escape from the trap laid by conservative opponents
of social welfare that have often obfuscated appeals for justice-centered
social policies by labeling them with antidemocratic
rhetoric, such as quotas (Hayek, 1976; Mead,
1986; Nozick, 1974; Sunstein, 1997).
Two fundamental problems are often overlooked, however,
in discussions of applying justice principles to contemporary
social policy debates. The first is the paradox of
attempting to develop principles of justice within a political,
economic, and social context based largely, if tacitly, on
the preservation of injustice. As Smith (1988) argues, “the
longstanding history of invidious discrimination in the
United States demonstrates that attention must always be
paid to the threats [it] poses to liberal values” (p. 247).
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Reisch • Defining Social Justice in a Socially Unjust World
A social justice framework …
can enable the social work
profession to develop and refine
new practice principles for the
difficult years ahead.
The second problem relates to the application of justice
concepts based largely on the expansion of individual
rights and individual shares of societal resources to the development
of policies, programs, and modes of intervention
that address group needs and concerns (Ryan, 1981).
As Caputo (2000) points out, the resolution of this problem
is critical to social work’s efforts to contribute to the
development of a truly multiracial, multicultural society.
Throughout the world, but especially in the United States,
race and racism are social constructs, deeply rooted in the
political-economic system and culture. Debates over social
justice and multiculturalism, therefore, are inextricably
linked. They reflect a broader dialogue over the nature of
social relations, the concept of community, the structure
of the economy, and definitions of what constitutes the
public good (Katz, 2001; Prigoff, 2000; Caputo, 2000;
Fraser, 1995; Gilbert, 1995).
The creation of greater social solidarity (fraternity or
humanity) implied in the goals of multiculturalism and social
justice, requires the reassertion of the ideas of collective
responsibility, a community
of need, and public virtue. It
implies the formulation of citizenship
requirements that are
“more responsive to our communitarian
and collective security
needs, without sacrificing
our commitment to liberty and
justice for all” (Smith, 1988). It
also implies the establishment
of a societal imperative that promotes
full participation of each
member of the community in
the community’s activities
(Warren, 1983). In the social welfare field, this participation
would include the determination of what constitutes
individual and social need, the development of alternative
conceptions of helping, and the creation of new criteria for
evaluating the effectiveness of various modes of intervention
(Green, 1999). A social justice framework, therefore,
can enable the social work profession to develop and refine
new practice principles for the difficult years ahead.
In recent decades, postmodern theorists have complicated
this picture further through the presentation of
powerful challenges to prevailing metanarratives at all ends
of the ideological spectrum because of what and whom
they exclude (Leonard, 1995). A positive contribution of
the postmodernist critique is the expansion of the concept
of justice to include other groups long denied the benefits
of justice and of other goals of justice, beyond the achievement
of economic and social equality. In addition, strongly
influenced by feminist theory, postmodernism has defined
justice as a process as well as an outcome (Mullaly,
1997; Leonard, 1995; Dean & Rhodes, 1998). It remains
to be seen, however, whether the postmodern emphasis
on identity can provide the conceptual basis for the formation
of powerful social justice-oriented coalitions.
Social Justice and the
Emergence of U.S. Social Work
Since the early twentieth century, the pursuit of social
justice has been a core value of the social work profession
in the United States, providing an alternative to the concept
of social welfare as charity (Hunter, 1904; Woods,
1905). For a century, the conflict between justice and
charitable perspectives was not merely the focus of academic
debate. It shaped the evolution of U.S. social policy
by forging an awkward synthesis of individualistic and
collectivist orientations to society and its problems
(George & Wilding, 1994).
In the Progressive Era, the
concept of social justice among
social workers emerged through
a synthesis of religious ideals
(such as the Social Gospel,
Quakerism, or Christian socialism),
the work of secular
philosophers such as Marx,
Dewey, and William James, and
the political activities of leaders
such as Jane Addams, Florence
Kelley, Ellen Gates Starr, and
Lillian Wald on behalf of workers’
rights, women’s suffrage, racial justice, and peace
(Reisch & Andrews, 2001; Elshtain, 2002; Carson, 1990).
Settlement workers, in particular, regarded the pursuit of
social justice as a necessary response to growing economic
inequality and the breakdown of community (Tucker,
1903; Sklar, 1995, 1998; Daniels, 1989). Their pursuit of
social justice led them to forge alliances with feminist organizations,
trade unions, neighborhood-based community
associations, civil rights groups, and radicals outside of the
social work field, and to advocate for social reforms in areas
as diverse as child welfare, housing, and public health
(Holder, 1922; Reisch & Andrews, 2001; Fisher, 1994;
Davis, 1967).
A generation later, at the height of the Great Depression
of the 1930s, the Rank and File Movement in social
work articulated “five simple principles” as the basis for
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FAMILIES IN SOCIETY • Volume 83, Number 4
developing a justice-centered social work practice. Bertha
Reynolds (1963), a leader among the Rank and Filers,
summarized these principles in her autobiography:
• The purpose of social work is to serve people in need. If social
workers serve other classes who have other purposes,
they become too dishonest to be capable of either theoretical
or practical development.
• Social work exists to help people help themselves and, therefore,
social workers should not be alarmed when people do
so by organized means.
• Social work practice operates by communication, listening,
and sharing experiences.
• Social workers have to find their place among other movements
for human betterment by forming and joining coalitions
with clients, community groups, and like-minded colleagues
from all disciplines.
• Social workers cannot consider themselves superior to their
clients, as if they do not have the same problems (Quoted in
Withorn, 1986, pp. 1–2).
Beginning in the 1930s, proponents of social justice
regarded the establishment and expansion of the welfare
state as a primary means of ameliorating the impact of
longstanding structural inequalities in society and the market.
For nearly half a century after their modest successes
during the New Deal, they focused debates over social
policy largely on the extent to which they established social
rights and provided forms of institutionalized compensation
or redress (Towle, 1945; Titmuss, 1968; Gal,
2001). Since the early 1980s, however, attacks on the concept
of entitlement—both legal and social—have undermined
the idea of using social welfare as an instrument for
achieving social justice, culminating in the United States
in the passage of the 1996 Personal Responsibility and
Work Opportunity Reconciliation Act (PRWORA).
Contemporary Views of Social Justice
Today’s complex environment obscures both the
meaning of social justice and the goals of social justice.
New and persistent questions frame both philosophical
and political debates. These include: Are the goals of social
justice and multiculturalism compatible? Through
what means is justice to be achieved? How can we reconcile
traditional ideas of social justice with the emerging interest
in human rights? Are such rights individual or social?
Can they all be legislated? Should they be?
During the past two decades of welfare cutbacks and
retrenchment, social work authors have stated these questions
both implicitly and explicitly. Looking for a cause
around which to focus the profession’s abstract commitment
to social justice principles, social workers have linked
the pursuit of social justice with a variety of diverse issues.
These include the promotion of peace and nuclear disarmament;
opposition to U.S. intervention in the political
affairs of other nations; support for the rights of women,
gays, and lesbians; defense of affirmative action; and the
promotion of multiculturalism (Brawley & Martinez-
Brawley, 1999; Van Soest, 1994; Gibelman, 2000; Witkin,
1999; Verschelden, 1993). Although the relationships between
social workers and other movements for social justice
are not as strong as in the past, many observers believe
that “far more social workers today think that problems
such as poverty are rooted in structural sources than
thought so in the 1960s” (Cloward, 1990, p. xvi). This
demonstrates that even in conservative times the social justice
legacy of the profession remains strong (Reisch & Andrews,
2001).
Influenced by postmodern ideas, social work literature
now often links the attainment of social justice with the
goals of social diversity or multiculturalism, and with challenges
to the normative power structure and the oppression
it produces (Hyde, 1998). Some authors, however, have defined
social justice in terms of empowerment practice without
specifying the meaning of either term (Cox, 2001). This
ambiguity of meaning is also found in articles about social
policy, which recognize that social justice has to be promoted
at all levels of government, from local to national but do
not explicitly define the concept (Hagen, 2000).
Building on the ideas of Reynolds and Freire (1971),
other social work scholars have focused on human transformation
as part of their critiques of the positivist-empiricist
and rationality-centered emphases of social work research
and epistemology (Weick, 1999; Saleebey, 1990;
Gottschalk & Witkin, 1991; Rose, 2000). Clinical social
workers have struggled with ways of integrating contemporary
emphases on the role of narratives within a social
justice framework (Dean & Rhodes, 1998; Morell, 1996).
Some have connected the struggles for social justice and
gender or racial equality in a way that “requires an integration
of personal, professional, and spiritual-political values
and beliefs into a framework that respects the dialectical
tensions while striving for wholeness” (Sternbach,
2000, p. 413; Wakefield, 1988a, 1988b).
Swenson (1998) provides a clinical perspective on why
social justice is considered the organizing value of social
work. She identifies several strategies for basing clinical
work on a social justice foundation that is derived from the
writings of Rawls and Van Soest (1994). These include
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Reisch • Defining Social Justice in a Socially Unjust World
recognizing clients’ strengths, an awareness of the role of
power in professional relationships, and a focus on positionality.
Like Wakefield (1988a, 1988b), Mullaly (1997),
and others, Swenson argues that clinical social workers can
also engage in social justice work through the elimination
of oppressive practices in their agencies, the development
of new client-centered programs, and the education of
colleagues and members of related disciplines about social
justice principles.
In the macro arena, authors have applied broadly defined
concepts of social justice to the formation of alliances
in support of civil rights, affirmative action, a clarification of
laws regarding sexual harassment, and “a society that truly
values human worth and dignity” (Schreiber, 1995; Beck &
Eichler, 2000; Brawley & Martinez-Brawley, 1999; Gibelman,
2000; Gould, 2000). Other writers have linked social
justice to the principle of social responsibility, opposition to
oppression and domination, the eradication of racism and
poverty, and the emancipation of “people from the restrictive
social arrangements that make both instrumental and
substantively rational action difficult” (Gottschalk &
Witkin, 1991; Haynes & White, 1999; Gould, 2000; Rose,
2000; Witkin, 2000). Some authors have adopted a global
perspective and connected social justice with antiwar sentiments,
opposition to economic globalization and its consequences,
or the need to reorder national priorities (Verschelden,
1993; Prigoff, 2000; Van Soest, 1994).
These scholars, however, express significant differences
in their definition of social justice. Some equate
the profession’s commitment to human rights and social
justice and question “whether social justice goals can be
met without redistribution” (Beck & Eichler, 2000).
Others appear to define social justice as the pursuit of social
change or service to disadvantaged and vulnerable
groups, particularly people living in poverty (Witkin,
1998; 1999; 2000). Van Soest (1994) argues that the
three different justice theories—libertarianism, utilitarianism,
and egalitarianism—could all be used as the basis
for reordering national priorities and support people’s
“valid claim for a share of the resources needed to ensure
the provision of adequate food, clothing, and shelter.”
Gibelman (2000) sees the roots of injustice in discrimination
and maintains that “social justice refers to conditions
in which all members of society have the same basic
rights, protections, opportunities, obligations, and social
benefits.” Using Rawls’ conception of justice, Figueira-
McDonough (1993) emphasizes the importance of equality
in the distribution of social goods. Reflecting the 200-
year-old tension between individual liberty and social
equality, she questions, however, whether social work has
been able to attain its dual goals of self-determination and
social justice.
Gal (2001) elaborates on this issue through an exploration
of the different notions of social justice implied in
the concept of compensatory social welfare policies. Gal
maintains that social justice is defined in two fundamental
ways. One definition reflects efforts to reward individuals
for past services or contributions, or as a redress for “injuries
or losses inflicted unjustly on individuals or groups.”
This definition is often in conflict with the view of social
justice that emphasizes equality. Gal suggests that a way of
reconciling this conflict is to use the social welfare system
to ensure horizontal equality in meeting needs, while allowing
the market to reward people for their efforts by
“providing them with their just deserts.”
Influenced by Etzioni (1993), McNutt (1997) takes a
communitarian perspective that seeks to balance individual
rights and responsibilities in articulating a definition of
social justice. He asserts that social workers today primarily
rely upon the definitions of social justice formulated by
Rawls (1971, 2001), Beverly and McSweeny (1987), or
Goulet (1971) that are based more on individual rights.
As alternatives, McNutt suggests four possible positions
on social justice along a continuum from individual to
community hegemony:
• The Community Reigns Supreme. Social justice involves
individual sacrifice to the common good.
• The Community and the Community Good Position. This
view (embraced by communitarians) attempts to link
individual rights with community rights.
• The Individual Need Community Position. This is the
traditional liberal position in which social justice is assured
by state action and the common good is “defined in terms
of what will benefit all individuals and that the market
cannot deliver.”
• The Individual Reigns Supreme Position. The conception
of social justice “equates individual self-interest with the
common good.”
The absence of conceptual or historical clarity or
agreement among scholars, however, has not deterred
some authors from urging the profession to embrace its
social justice responsibilities more fully, as required by the
revised Code of Ethics (Brill, 2001; NASW, ), or to pursue
professional unity as a means of reviving the field’s interest
in social justice goals (Haynes & White, 1999). This
author would argue, however, that without this conceptual
clarity it is difficult to understand how the Council on
Social Work Education can require all social work
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FAMILIES IN SOCIETY • Volume 83, Number 4
programs to educate students to pursue economic and social
justice or how NASW can enforce its ethical imperative
that “social workers promote social justice” and “challenge
social injustice” (NASW, 1996, pp. 1, 5; see also
Cox, 2001; Council on Social Work Education, 2001; Van
Soest, 1994; Reeser & Leighninger, 1990).
Summary: Different
Aspects of Social Justice
During the past century social work scholars have focused
on different aspects of social justice. Most have
viewed social justice as an alternative to charity in that its
emphasis is on egalitarianism and mutuality, instead of dominance
and hierarchy (Reynolds, 1951; Kropotkin, 1902).
At one end of the ideological spectrum, a Marxist view of
social justice recognizes that neither the human condition
nor social reality is fixed, but are the consequences of socioeconomic
relationships and cultural patterns, including
the ideological frameworks that rationalize them (George &
Wilding, 1994; Mullaly, 1997; Fraser, 1995; Gil, 1998). A
liberal view focuses on the distribution of benefits and burdens
and the protection of persons’ rights particularly at the
level of individuals (Katz, 2001; Isbister, 2001; Miller,
2001; Schmidtz & Goodwin, 1998). According to Rawls
(2001) and others, it also involves the assignment of fundamental
rights and duties, economic opportunities and social
conditions, and incorporates a principle of compensation or
redress (Tomasi, 2001; Sen, 1992).
Conservatives, such as Robert Nozick (1974) and
Lawrence Mead (1986, 1997), differ from liberals in four
important ways. First, they would assign these rights solely
to individuals and not to groups or classes of persons. Second,
they would limit these rights to the political sphere and
exclude the redistribution of resources and status. Third,
they would regard the protection of property rights as of
equal or greater importance (Sunstein, 1997; Hayek,
1976). Finally, they would assert that social justice requires
a balancing of rights with responsibilities or obligations
(Berlin, 1958; Gilbert, 1995; Schmidtz & Goodin 1998).
By contrast, Held (1984) maintains that the pursuit of
social justice complements rather than competes with the
pursuit of human rights. Both, she argues, are products of
social cooperation, trust, and mutuality. Gil (1998) shares
this vision of society and makes a similar argument from a
social work perspective. Finally, postmodern scholars propose
an expansion of modern visions of social justice to include
groups traditionally omitted from justice-oriented
debates, an examination of justice/injustice in the sociocultural
as well as the political-economic spheres of society,
and a focus on societal processes as well as societal goals
and outcomes (Leonard, 1995).
Conclusion: Social Justice,
Social Policy, and Social Work Practice
A social justice approach to social policy would acknowledge
the connection in the design and delivery of
social services between peoples’ needs for economic assistance
and the supports agencies provide. This would reflect
the goals of empowerment as originally articulated by
Solomon (1976) and developed by social work scholars
over the past quarter century (Reisch, Wenocur, & Sherman,
1981; Simon, 1994; Gutierrez & Lewis, 1999;
Gutierrez, Parsons, & Cox, 1998). Some principles for
policy development derived from a justice-centered approach
could include:
• Policies and services should hold the most vulnerable populations
harmless in the distribution of societal resources.
Based upon Rawls’ notion of redress (2001), unequal distribution
of resources would be justified only if such inequalities
served to advance the least advantaged groups in the
community (Isbister, 2001; Franklin, 1998).
• Reflecting the mutuality of worker/client interests best articulated
by Bertha Reynolds, the construction of social services
would embody the idea that such services are the expression
of collective responsibility for people’s needs (Gil, 1998).
• To achieve the long-range goals of social justice, when scarce
resources make such choices necessary, social policies and
services should emphasize prevention rather than correction,
amelioration, or remediation (Katz, 2001; White, 2000).
• To incorporate ideas developed both by multiculturalists and
postmodernists, social services should stress multiple forms
of helping and multiple means of providing access to services
and benefits in order to recognize that needs and helping
are defined differently by different groups in a multicultural
society (Caputo, 2000; Green, 1999; Rivera & Erlich, 1998;
Iglehart & Becerra, 1995; Leonard, 1995).
• Finally, in order to reflect the social work profession’s longstanding
emphasis on the primacy of the client’s interest, social
policies and services should be developed so as to enable
clients and constituents to define their own situations and
contribute to the development and evaluation of solutions as
much as possible (Saleebey, 2002; Simon, 1994).
Bertha Reynolds (1951) proposed four criteria for
achieving social justice in social work practice. One was
the criterion of belonging—that people should be treated
as human beings, not as problems to be solved. To some
350
Reisch • Defining Social Justice in a Socially Unjust World
extent, the “strengths perspective” reformulates this idea
in contemporary terms, as do some aspects of empowerment
literature (Saleebey, 2002; Lee, 1994; Gutierrez,
Parsons, & Cox, 1998).
A second criterion is that people should be able to retain
their humanity while receiving help. They should be
treated with compassion and not condescension and must
never be reduced to a means to a professional or societal
end (Lewis, 1987). The empowerment tradition in social
work embodies key elements of this principle and incorporates
specific attention to the unique needs of historically
disenfranchised populations (Simon, 1994).
A third criterion is mutuality. Each person must be recognized
as having the capacity to repay society for its assistance
at some time, in some
way. This principle provides a
social justice-oriented adaptation
of the conservative
focus on balancing rights
and responsibilities. It contains
certain elements of the
contemporary communitarian
perspective although it
does not necessarily emerge
from the same ideological
foundation (Etzioni, 1993;
McNutt, 1997).
A final criterion is that
no strings should be attached
to the provision of
help. This principle would
reverse recent trends in social
welfare—best embodied in so-called “welfare reform”—and
would involve a redefinition of the prevailing
view of the relationship between individuals and society
that emphasizes human responsibility, but not agency,
over societal obligation (Mead, 1997).
In conclusion, the pursuit of social justice in the twenty-first
century requires social workers to acknowledge the
political dimensions of all practice and to engage in multifaceted
struggles to regain influence within the public
arena (Fisher & Karger, 1997; Haynes & Mickelson,
2002). By working cooperatively with clients and constituents
we can gain clarity about the mutual goals of our
efforts. As postmodernists argue, a social justice perspective
also contains the imperative of challenging prevailing
assumptions about power, privilege, and various forms of
oppression in the theories that underlie current policies,
programs, and practice methods. Finally, as modernists
have long asserted, it would include the development of
A social justice approach to social policy
would acknowledge the connection in
the design and delivery of social services
between peoples’ needs for economic
assistance and the supports agencies
provide. This would reflect the goals of
empowerment …
an alternative vision of society and its institutions and the
integration of that vision into all social work interventions.
Yet, social policies and social work practice in the United
States will not fully reflect social justice principles until
moral frameworks that stress the protection of human
rather than property rights acquire equal public credibility
and influence. This is the implicit imperative within the
profession’s Code of Ethics. As Reynolds prophetically remarked
a half century ago “The philosophy of social work
can not be separated from the prevailing philosophy of a
nation, as to how it values people and what importance it
sets upon their welfare” (1951, p. 174).
At its best, social work stands for the creation of a society
in which people, individually and in community, can
live decent lives and realize
their full human potential.
This requires us to advocate
for the elimination of
those policies that diminish
people’s sense of control
over their lives and drain finite
resources from basic
human needs. Simultaneously,
we need to work for
the expansion of those programs
that enable people to
exercise personal freedom
by removing the fear of
economic and physical
calamity from their lives
and making them feel like
integral and valued parts of
society. These goals reflect a potential synthesis of the historic
divisions between individual and collective wellbeing
at the heart of debates over social justice and may
provide the basis for its attainment in an increasingly diverse
and conflict-ridden society.
Comments on Other Articles
in the Special Focus
Editor’s note: Richard Caputo, the guest editor of this special focus on social
justice, asked Michael Reisch to comment on the other articles in the
focus. Reisch’s commentary follows:
The essays in this special issue explore different dimensions
of contemporary debates about social justice.
Richard Caputo, in Social Justice, Ethics of Care, and Market
Economies, confronts the growing dilemma of how social
justice can be achieved in a political-economic environment
in which market forces are ascendant. He does
351
FAMILIES IN SOCIETY • Volume 83, Number 4
this through a creative analysis in which gender issues
(long associated with the caring function of social
work/social welfare) are linked to the pursuit of democratic
social and political goals. Caputo argues that this
would require a return to universal approaches to social
welfare, within which the specific needs of persons could
then be accommodated.
In her essay, The Capabilities Perspective: A Framework
for Social Justice, Patricia McGrath Morris postulates a
new synthesis of justice perspectives that would combine
the social work profession’s recurring concerns about
human dignity and self-determination with a Rawlsian distributive
justice approach. Using Nussbaum’s (1999) “capabilities
perspective,” Morris expands the idea of social
justice beyond its traditional aspirations of achieving minimalist
levels of human need to one that would produce
outcomes that would enable each individual to realize his
orher full human potential. Without acknowledging it,
Morris essentially restates in postmodern language the vision
of humanitarian socialism articulated by the early
Marx (1964, ed.) and, more recently, by Gil (1998).
The article Two Tails of Justice by Pranab Chatterjee
and Amy D’Aprix points out the basic conflicts among the
five prevailing definitions of justice. Rather than attempt
to reconcile these conflicts, however, Chatterjee and
D’Aprix argue that each definition of justice contains elements
of two important social functions—distribution and
stability. They argue that, as a form of group behavior,
concepts of justice reflect a society’s history and the influences
of internal and external forces in its environment.
How these concepts will evolve in an increasingly diverse
society in which multiple histories and multiple forms of
adaptation exist is, perhaps, the critical question for social
workers and our society in the decades ahead.
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Michael Reisch is professor, University of Michigan School of Social
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books:
Reisch, M., & Andrews, J. (2001). The road not taken: A history
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Manuscript received: May 3, 2002
Accepted: May 5, 2002
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Attachment C
Social Justice
and The Formal Principle of Freedom
Page 133 of 161
UDK: 316.34
FILOZOFIJA I DRUŠTVO XXVIII (2), 2017.
DOI: https://doi.org/10.2298/FID1702270N
Original scientific article
Received: 15.5.2017 — Accepted: 31.5.2017
Olga Nikolić
Igor Cvejić
Social Justice and the Formal Principle of Freedom
270
Abstract The aim of this paper is to show, contra the right-libertarian critique
of social justice, that there are good reasons for defending policies of social
justice within a free society. In the first part of the paper, we will present two
influential right-libertarian critiques of social justice, found in Friedrich Hayek’s
Law, Legislation and Liberty and Robert Nozick’s Anarchy, State and Utopia. Based
on their approach, policies of social justice are seen as an unjustified infringement
on freedoms of individual members of a society. In response to this critique, we
will introduce the distincion between formal and factual freedom and argue that
the formal principle of freedom defended by Hayek and Nozick does not suffice
for the protection of factual freedom of members of a society, because it does
not recognize (1) the moral obligation to help those who, without their fault, lack
factual freedom to a significant degree, and (2) the legal obligation of the state
to protect civic dignity of all members of a society. In the second part of the
paper, we offer an interpretation of Kant’s argument on taxation, according to
which civic dignity presupposes factual freedom, in order to argue that Kant’s
justification of taxation offers good reasons for claiming that the state has the
legal obligation to protect factual freedom via the policies of social justice.
Keywords: social justice, social policy, taxation, freedom, dignity, Hayek, Nozick,
Kant
Should a society enforce policies of social justice and on what grounds? We
will deal with this problem by presenting two influential right-libertarian
arguments against the policies of social justice and against the very meaningfulness
of social justice – arguments offered by Friedrich Hayek and Robert
Nozick. We will argue that their critique is based on what they claim to
be the grounding principle of a legitimate social order – which we will call
the formal principle of freedom. In response to their critique we will suggest
that, in order to justify policies of social justice, such as taxation, social
minimum, social housing, universal health care, public education, unemployment
benefits, gender justice and similar policies aimed at greater equality
among members of a society, we need a more robust concept of freedom.
This will lead us to propose a difference between formal freedom on the one
hand and factual freedom on the other hand, in order to show why we believe
that social justice indeed has a meaning and what we see as the main
elements constituting its meaningfulness. As we intend to show, justifying
social justice requires attributing value to another principle: the principle
Olga Nikolić: Institute for Philosophy and Social Theory, University of Belgrade; olga@
instifdt.bg.ac.rs.
Igor Cvejić: Institute for Philosophy and Social Theory, University of Belgrade; cvejic@
instifdt.bg.ac.rs.
SOCIAL JUSTICE: NEW PERSPECTIVES, NEW HORIZONS
of factual freedom, i.e. the principle of respect for human life and dignity.
Moreover, the principle of factual freedom can be understood not only in
the ethical sense of governing individual behaviour, but has an important
legal dimension as well. In the second part of the paper we will discuss the
latter via Kant’s argument on taxation which, as we will argue, rests upon
an implicit defence of factual freedom, and thus can help us respond to the
right-libertarian critique of social justice.
The issues revolving around the concept of social justice that we will discuss
emerge in the context of the aftermath of the Second World War, The Cold
War, and the problems of planned economies. Hayek’s and Nozick’s critiques
presented here are mainly directed at the socialist planned economies and
Keynesian economics, which was the dominant economic model from the
later part of the Great Depression until the 1970s. Both sources of which we
make use, Nozick’s Anarchy, State and Utopia, as well as Hayek’s Law Legislation
and Liberty were published in the 1970s, the years which saw first the
economic recession and then the general acceptance of neoliberal policies
and neoliberal economic theories (with Hayek as one of their main proponents),
as well as libertarian political ideals Nozick influentially advanced.
Arguments against social justice discussed here should therefore be seen as
contributing to the arguments against state planning of the economy and as
an attempt to limit government intervention in the society. We begin with a
presentation of Hayek’s and Nozick’s critique of social justice.
271
Critiques of Social Justice
Hayek’s Four Arguments
When discussing Hayek’s critique of social justice we can distinguish four
interrelated key arguments: the ontological, the epistemological, the economic
and the political argument.
The ontological argument is in fact the argument for social justice as a meaningless
concept. The argument is called ontological because it reflects the
ontological view of society as comprised of individuals and rejects the idea
that there is a social entity with its own collective will. Only individuals with
their individual wills exist. Our societies, says Hayek, are ordered, we have
laws, institutions, customs, and we respect certain rules. We tend to understand
this order as produced by somebody’s deliberate design (whether it is
a particular person, or a group of persons, an institution, or a class). However,
this is not always the case. In fact, social order can, and in very complex
societies most of the time does arise spontaneously, out of many descrete
actions of many individuals which are mutually ignorant of any overarching
goal or the entirety of the process. (Hayek 2013: 34–50) Out of this Hayek
Olga Nikolić, Igor Cvejić
Social Justice and the Formal Principle of Freedom
derives his critique of social justice. For Hayek, only distributions that have
been deliberately brought about can be called just or unjust. The term ‘justice’
has meaning only within the domain of deliberate actions. Unequal distribution
of wealth produced by the “impersonal process of the market” cannot
be called unjust, because it was not intentionally produced. When we attribute
justice or injustice to the market, we mistakely transfer our experinece
of personal face-to-face relationships to a realm where this is inapplicable.
(Hayek 2013: 231–234, Tebble 2009: 583–585)
272
The second, epistemological argument states that if we attempt to create and
preserve a just distibution in our society, we are faced with an insurmountable
difficulty. Namely, we cannot predict the outcome of our actions, because
there is too many factors in play. Market does not operate according
to a deliberate plan and its outcomes are unpredictable. Deciding how to
distribute resources based on some non-market criterion, such as people’s
needs or equality, will necessarily be flawed, because people’s needs and intentions
are many and changing, they are individual and impossible to calculate.
They are in fact best reflected by the price of goods in the free market
and the best way to manage them is to let people decide by themselves about
their needs. (Hayek 2013: 250–253, Tebble 2009: 586–588)
Furthermore, according to Hayek, economically speaking it is more prosperous
not to intervene in the market. Interventions are dangerous for the
economy because they disturb the natural system of prices, which are only
capable of giving us accurate information about supply and demand, enabling
us to make good economic decisions. Moreover, economic inequality is socially
necessary. The market only functions properly “at the price of a constant
dissapointment of some expectations”. (Hayek 2013: 267) This is the
value of free competition for Hayek. It makes all the economic agents, both
the successful and the unsuccessful ones, learn from the process, develop
their skills, adjust and innovate. It is through such dispersion of knowledge
that society can prosper.
Last but not least, social justice endangers individual freedom by putting
too much power in the hands of the government. Prices “lose the guiding
function they have in the market order and would have to be replaced by
the commands of the directing authority.” (Hayek 2013: 245) “No less than
in the market order, would the individuals in the common interest have to
submit to great inequality – only these inequalities would be determined not
by the interaction of individual skills in an impersonal process, but by the
uncontradictable decision of authority”. (Hayek 2013: 245) The pursuit of
social justice “must progressively approach nearer and nearer to a totalitarian
system”. (Hayek 2013: 232) Instead of this futile attempt at creating a society
of social justice, Hayek argues, the state should provide the framework
SOCIAL JUSTICE: NEW PERSPECTIVES, NEW HORIZONS
for the free market, i.e. it should provide the set of formal conditions for the
free competition in the market to take place.
However, it is worth mentioning that Hayek ultimately defends the state
provision of the economic minimum. In the end, he conceded that there is
no reason to reject the minimal income safety net in a free society, as long
as we find some outside-of-market mechanisms for this. (Hayek 2013: 249).
What does this mean though is not completely clear, because redistribution
always involves at least via taxation, some sort of intervention in the market.
This concession actually made his theory vulnerable to attacks, because it
contradicts his earlier arguments against social justice (Tebble 2009). It shows
perhaps that contrary to everything previously said, Hayek was aware that
in a free society some role should still be left for social justice.
Nozick’s Entitlement Theory
Nozick gives us some similar arguments as Hayek. He too accepts spontaneous
order explanation and uses it to argue that the main aim of the state
should be the protection of individuals against infringements on their freedom.
The infringements involve use of violence, coercion, murder, theft,
fraud, etc. Any more extensive state is unjustified because it violates individual
rights of its citizens. Whereas Hayek’s arguments are more epistemologically
based (Hayek argues that we don’t know what others need, we
don’t know what possible ill effects our actions could have on the market,
so it’s best to leave the market to function on its own), Nozick’s arguments
are based on the theory of natural rights. This allows him to make an even
stronger case for inappropriateness of state intervention and redistribution,
because in order to rectify inequalities, the state would infringe upon private
property rights of individuals.
Social justice is about redistribution. It is about taking away from the wealthier
and giving to those who are less fortunate. Nozick argues that this is not
morally justified because every person should be guaranteed the right to decide
on his or her property.
To support this claim he develops the entitlement theory of justice. We will
quote Nozick’s summary of his theory: “the holdings of a person are just if
he is entitled to them by the principles of justice in acquisition and transfer
or by the principle of recification of injustice.” (Nozick 1974: 153) These two
principles, of acquisition and transfer basically state that if a person aquires
property in a morally permissible, lawful, just way (whatever this is, is rather
complex and depends on the context), he or she is entitled to that property.
The same goes if that property is transferred in a morally permissible, lawful
and just way to another person. “Entire distribution is just if everybody
273
Olga Nikolić, Igor Cvejić
Social Justice and the Formal Principle of Freedom
is entitled to the holdings they posses under the distribution.” (Nozick 1974:
151) And: “Whatever arises from a just situation by just steps is itself just.”
(Nozick 1974: 151)
Nozick argues that it is important to take into account how a particular distribution
came about, that is, whether a person acquired a holding in a just
way and is therefore entitled to it, rather than simply looking at the distribution
at a given time and judging that it is just or unjust based on the distribution
itself. For example, if somebody judges that it is not just that so
many people are starving, while a minority is extremely wealthy in a given
society, that would be an ahistorical approach to justice and for Nozick the
judgement would be flawed as long as it does not take into account the history
of the acquisition. (Nozick 1974: 153–155)
274
Moreover, Nozick labels his entitlement theory as non-patterned, which
means that the just distribution is not generated by some sort of decision on
who and based on which characteristics should get what, but by a set of formal
principles, formal rules in the game of just acquisition and just transfer.
Nozick gives a vivid and concrete example of his views in describing a hypothetical
case involving a very successful basketball player at the time, Wilt
Chamberlain. (Nozick 1974: 161–163) Nozick says let us start with any distribution
that you consider just, let it be for example, that everyone has an
equal share of wealth. Now, Wilt Chamberlain attracts audience, everybody
loves to see him play, because he is so good, and various basketball teams
compete to have him on their team, and so on. He decides to sign a contract
with his basketball team, whereby he will get 25 cents out of every sold ticket.
Everybody is ready to pay the price but in the end Wilt Chamberlain will
have 25 000 dollars more. The distribution of wealth will become unequal.
Where did everything go wrong? Nozick says, nowhere, Wilt is entitled to
his money because no injustice has been done to anyone during the transfer,
everybody willingly agreed to give him one small portion of what they
have in exchange for the pleasure of seeing him play.
What this argument is meant to show is that any distribution of wealth in a
free society will be unequal. If we allow people to freely exchange their holdings,
we will inevitably end up with an unequal distribution. If we want to
keep the distribution equal we would have to constantly interfere with people’s
lives. (Nozick 1974: 163)
Finally, why we shouldn’t stop this from happening, why not simply stop the
free exchange, is because it would be immoral. It would interfere with individual
property rights, the rights to choose what we want to do with what
we have. The basic fact of morality is that everybody should be allowed to
live his or her life the way he or she wants, as long as they don’t hurt anybody
SOCIAL JUSTICE: NEW PERSPECTIVES, NEW HORIZONS
else. Nozick is radical in endorsing this principle, so much so that for him
taxation is the same as forced labour, because it forces us to do unrewarded
work for others. (Nozick 1974: 172)
Should we say that for Nozick social justice is meaningless? The weight of
Nozick’s argument does not rely primarily on social justice being meaningless
concept. However, it deprives social justice of its moral meaning. This
effectively makes demands for social justice meaningless, because they rely
on the premise that social justice is a morally desirable goal.
* * *
From these arguments we can derive the main principle both Nozick and
Hayek see as the principle that every legitimate social order must respect.
They did not invent this principle. It is the very same principle we find in
Adam Smith, John Locke, John Stuart Mill and other classical liberals. It represents
the social ideal of individual independence and liberty. It respects
as the basic moral fact that everybody has their own life and should have
freedom to decide on what makes their life valuable. In the words of John
Stuart Mill: “The only purpose for which power can rightfully be exercised
over any member of a civilized community, against his will, is to prevent
harm to others.” (Mill 2003: 80) The free society is the society which fulfills
this condition.
275
The freedom established by this principle is identical with what Isaiah Berlin
calls negative freedom, freedom from infringement. “I am normally said
to be free to the degree to which no man or body of men interferes with my
activity. If I am prevented by others from doing what I could otherwise do,
I am to that degree unfree.” (Berlin 2002: 169) We named this principle the
formal principle of freedom, because it fixes only the necessary formal condition
of freedom, but not the sufficient conditions of factual freedom. The
latter include all the possibilities open to me and all those closed to me based
on the concrete, material circumstances of my life and the society I live in.
It is the factual, not the formal freedom that we experience in our everyday
lives. We experience freedom and unfreedom in relation to certain concrete
possibilities that we have or don’t have. Most of the time, such experience is
linked to the resources that we have or don’t have, and to the concrete power
relations in our society. Resources have an important influence on the
factual freedom, because they greatly determine how much power we will
have to change circumstances that are unfavourable to us. 1
1 The term ‘factual freedom’ is also used in order to defend social constitutional rights
by Robert Alexy. See Alexy 2002: 337–348.
Olga Nikolić, Igor Cvejić
Social Justice and the Formal Principle of Freedom
The formal principle of freedom does not suffice for the protection of factual
freedom of members of a society, because it does not recognize (1) the moral
obligation to help those who, without their fault, lack factual freedom to
a significant degree, and (2) the legal obligation of the state to protect civic
dignity of all members of a society.
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The formal principle of freedom does not recognize (1) because it only protects
individual freedom from infringement. Therefore, if I choose not to
help somebody in danger crying out for help, even if helping would not represent
any significant risk for me, I am not morally responsible, according
solely to the formal principle of freedom. In a similar way, although taxes
could be used to help the less fortunate members of a society and guarantee
to them a degree of factual freedom necessary for living a dignified life (and
not just mere subsistence), Nozick could still say that they are infringement
on rights of those who have to pay taxes. In the case of conflict which one
should we choose? If we wish to keep the moral obligation to help intact, we
need another principle, the one that would protect factual freedom as well.
However, we cannot prove that this is a desirable moral goal for everyone.
Nozick could still argue that private property rights are more basic moral
rights. We need another argument in order to show that, irrespectively of
what we individually believe to be morally valuable, the state is somehow
legally obliged to ensure some amount of social justice.
In response, we wish to stress the importance of another principle governing
social life: respect for human life and dignity. We intend to show that
this principle requires not only respect for the formal principle of freedom,
but also an increase in the factual freedom of all members of a society, given
that the factual, not the formal freedom is the sufficient condition for living
a dignified life, because it presupposes having a concrete infrastructure to
realize our freely chosen goals. This principle also includes the above mentioned
moral obligation to help those less fortunate. In addition to being
morally relevant in this way, we will show that it has legal relevance as well.
This would justify redistribution via taxation, and other policies of social
justice, to the extent to which they are means for improving chances of each
member of a society to in fact live a dignified and free life. We will also show
that the demand to protect factual freedom of members of a society includes
the protection of civic dignity, i.e. equal rights of citizens to take part in the
political life of their society.
In the next section, we intend to show how Kant’s theory of justice can help
us accomplish this goal, by recognizing how the question of factual freedom
and civic dignities is related to the problem of taxation and social justice We
will conclude with a brief critique of Nozick’s and Hayek’s arguments informed
by Kant’s theory.
SOCIAL JUSTICE: NEW PERSPECTIVES, NEW HORIZONS
Kant’s Argument on Taxation
In many points Nozick’s argument about formal principle of freedom is similar
to the Kantian view of formal justice. Nozick even used Kant’s claim to
treat others as ends in themselves to defend his own thesis (Nozick 1974:
32). Taking this into consideration, it could look like the formal principle
of freedom suffices to protect dignity in a Kantian sense (the possibility to
choose one’s own ends). Moreover, like Nozick, Kant actually rejects the
idea that justice can re quire the redistribution of resources in response to
needs (V-MS/Vigil, AA 27: 517,526), explicitly rejects juridical relevance of
material inequality (TP, AA 08: 289–290) and “mere” needs and wishes (MS,
AA 06: 213,230).
However, in Metaphysics of morals Kant is also explicit about the right of the
state to introduce taxation of the rich:
To the supreme commander (Oberbefehlshaber) there belongs indirectly,
that is, insofar as he has taken over the duty of the people, the right to impose
taxes on the people for its own preservation, such as taxes to support
organizations providing for the poor, foundling homes, and church organizations,
usually called charitable or pious institutions. (MS, AA 06:326)
In his Lectures on Ethics (Moralphilosophie Collins) Kant holds even more egalitarian
view:
One can participate in the general injustice even if one does no injustice
according to the civil laws and institutions. Now if one shows beneficence
to a wretch, then one has not given him anything gratuitously, but
has given him only what one had earlier helped to take from him through
the general injustice. For if no one took more of the goods of life than another,
then there would be no rich and no poor. Accordingly, even acts of
generosity are acts of duty and indebtedness, which arise from the rights
of others. (V-MO/Collins, AA 27: 416)
For right-libertarians, such as Nozick, these claims contradict justice based
on the principle of formal freedom. One of the solutions is to understand taxation
as founded on the ethical duty toward the other, i.e. as the right of the
state to enforce duty of benevolence – as claimed by Onora O’Neill (O’Neill
1989: ch10–12.). However, Kant explicitly rejects both that state could rely
on voluntary contributions and, more importantly, that enforcement of current
contributions would be a legal way to satisfy the needs of the poor 2 , and
rather argues for legal public taxation (MS, AA 06: 326). As we will argue,
Kant’s argument is specifically juridical and not (merely) ethical.
277
2 See Varden 2016.
Olga Nikolić, Igor Cvejić
Social Justice and the Formal Principle of Freedom
Kant’s main argument goes:
The general will of the people has united itself into a society that is to
maintain itself perpetually; and for this end it has submitted itself to the
internal authority of the state in order to maintain those members of the
society who are unable to maintain themselves. For reasons of state the
government is therefore authorized to constrain the wealthy to provide
the means of sustenance to those who are unable to provide for even their
most necessary natural needs. The wealthy have acquired an obligation to
the commonwealth, since they owe their existence to an act of submitting
to its protection and care, which they need in order to live; on this obligation
the state now bases its right to contribute what is theirs to maintaining
their fellow citizens (MS, AA 06: 326).
278
As we see, Kant refers to the state right based on a ‘duty of the people’ (Pflicht
des Volks). The preservation of the people, here in question, is not material
existence of the state (“for it is rich”), but existence of its members as citizens.
Selbständigkeit, factual freedom and civic diginity
Kant characterizes citizens of the state with three main attributes:
The members of such a society who are united for giving law (societas civilis),
that is, the members of a state, are called citizens of a state (cives). In
terms of rights, the attributes of a citizen, inseparable from his essence (as
a citizen), are: lawful freedom, the attribute of obeying no other law than
that to which he has given his consent; civil equality, that of not recognizing
among the people any superior with the moral capacity to bind him as
a matter of Right in a way that he could not in turn bind the other; and
third, the attribute of civil self-subsistence, of owing his existence and preservation
to his own rights and powers as a member of the commonwealth,
not to the choice of another among the people. From his self-subsistence
follows his civil personality, his attribute of not needing to be represented
by another where rights are concerned (MS, AA 06: 314).
The most controversial of them is the attribute of self-subsistence (Selbständigkeit),
not owning one’s existence to the choice of other people. Unlike the
first two attributes, self-subsistence is connected with factual (material) situation.
Kant gives us varieties of examples, including servants, a minor (naturaliter
vel civiliter), controversially all women, but also some explicit examples
of economic organizations of society: “the blacksmith in India, who goes
into people’s houses to work on iron with his hammer, anvil, and bellows,
as compared with the European carpenter or blacksmith who can put the
products of his work up as goods for sale to the public; the private tutor, as
compared with the schoolteacher; the tenant farmer as compared with the
leasehold farmer, and so forth“ (MS, AA 06: 314–315). In a word “anyone
whose preservation in existence (his being fed and protected) depends not on
SOCIAL JUSTICE: NEW PERSPECTIVES, NEW HORIZONS
his management of his own business but on arrangements made by another
(except the state)“ (ibid). Though many of Kant’s claims here could be taken as
dubious and politically incorrect 3 , it is important that he acknowledges the
fact that status of the (active) citizen of the state could be violated by some
material aspects of that person’s life, e.g. by an infringement on her factual
freedom – as it is the case with economic dependence on another person.
Implications of these claims are also controversial. Kant uses them to introduce
a distinction well known from the French post-revolutionary Constitution,
between active and passive citizens. On the one hand, Kant, as the
old French Constitution, claims that those who lack (above all) economic
self-subsistence are passive citizens, enjoying the protection of the state, but
lacking rights to vote and participate in other public political decision-making.
From this point of view, it could seem that Kant is only an old-fashioned
theorist who promotes the unacceptable idea that some citizens should be
deprived of their basic political right to vote. On the other hand, although
Kant accepts that one could naturally or voluntary lose the status of an active
citizen, he insists that there must be rightful conditions for everyone to
become an active citizen:
279
It follows only that, whatever sort of positive laws the citizens might vote
for, these laws must still not be contrary to the natural laws of freedom
and of the equality of everyone in the people corresponding to this freedom,
namely that anyone can work his way up from this passive condition
to an active one. (MS, AA 06: 315)
Kant’s weak claim „that anyone can work his way up from this passive condition
to an active one” could certainly not be used to defend egalitarian view
of a society, nor the premise “to everyone according to their needs”. However,
it could be used as a strong argument in favour of some social policies,
which are today in danger; for example, public health and social insurance,
free public education, etc (Shell 2016).
To sum up this part of the text, Kant had recognized the dependence of person’s
possibility to be an active participant of political life from economical
and factual situation. What is here at stake are not only basic needs, nor
3 Alessandro Pinzani and Nuria Sánchez Madrid listed three key limitations of Kant’s
account of passive citizenship. 1) They found Kant’s argu ment that the poor should not
vote, because they would sell their votes, double-edged – for the same argument could
be used against the rich (buyers), and it was used for ostracism in Ancient Athens. 2) Kant
addresses formal obstacles to attaining full active citizenship, while (intentionally or not)
economic privileges and inequalities are left out of consideration. 3) Kant is very insensitive
to the gender issue, for he finds that a woman renounces her civil independence by
entering into marriage. (Pinzani, Madrid 2016)
Olga Nikolić, Igor Cvejić
Social Justice and the Formal Principle of Freedom
universal human rights, but rather civic dignities. 4 Civic dignity implies equal
rights to possibilities to take part in political decision-making, i.e. to become
an active citizen of the state. Kant acknowledges that those rights could be
affected through the material limits, limits of one’s factual freedom, caused by
dependence of their material existence from someone else. Although Kant’s
ethics certainly implies duties toward the other, to help others who are in
trouble, the obligation implied by argument about self-subsistence of citizens
is not reducible to (mere) ethical duties and, as we will see in the next
part of the text, is connected with juridical questions and rights of the state.
280
General will, civil union and society
Kant makes a distinction between society and civil union:
The civil union (unio civilis) cannot well be called a society [Gesellschaft];
because between the commander (imperans) and the subject (subditus) there
is no partnership (Mitgenossenschaft). They are not social fellows [Gesellen];
rather, one is subordinated to, not coordinated with, the other, and being
co-ordinated with one another must regard themselves as equals inasmuch
as they stand under the same common laws. It is thus less the case
that this union [Verein] is a society than that makes one. (AA 06: 306 –307)
It is important to notice that civil society, thus, is not simple uniting of people
who live in a same place, but, as previous quotation suggests, a society which
has been made by a civil union, a society of active citizens living at equal as
lawgivers, whose dignity is founded on public laws of the state. Kant refers
to civil society both in the argument about taxation (“The general will of the
people has united itself into a society”) and in the argument about self-subsistence
of citizens (“The members of such a society who are united for giving
law (societas civilis)”).
It is now clear that “preservation”, previously mentioned in an argument
about taxation, is not material preservation of the state, nor of existence of
its members, but preservation of the civil society, which would be corrupted
if the members of the state lose their active role in a society. Moreover, this
right, according to Kant, belongs to the dignities of the state:
Every state contains three authorities within it, that is, the general united
will consists of three persons (trias politica): the sovereign authority
[Herrschergewalt] (sovereignty) in the person of the legislator; the executive
authority in the person of the ruler (in conformity to law); and the judicial
authority (to award to each what is his in accordance with the law) in the
person of the judge (potestas legislatoria, rectoria et iudiciaria). (AA 06: 313)
4 This term was introduced by Josiah Ober. He distinguishes civic dignity, as defined
above, from universal human dignity and aristocratic or elitist dignity related to the
social statuses and ranks (Ober 2012)
SOCIAL JUSTICE: NEW PERSPECTIVES, NEW HORIZONS
All of those authorities in the state are dignities (Würden), since they arise
necessarily from the Idea of a state as such, as essential for the establishment
(constitution) of it, they are dignities of the state (Staatswürden) (AA06: 315)
The legislative authority can belong only to the united will of the people.
(AA06: 313)
With this, Kant’s juridical argument about taxation and social policies is completed:
the infringement on the factual (material) freedom of the people, if it
happens that they become poor, implies that they will lose their active status
in society and if people lose possibilities to become active members of
society, civil society would become corrupted, thus the state has the right to
impose taxes to enable those in a passive status to became active members of
the society for the preservation of the civil society. But, there is also an additional
argument, mentioned above, that probably could imply even more
egalitarian consequences. Those who are rich are dependent on civil society
in at least two ways: they owe their protection to the civil society, to the public
laws, that regulate this society; and they owe to the society, because they
became rich only in and with the help of the society (which protects trade
rules, property, encourages others to cooperate inside its institutions, etc.)
281
The main difference between Nozick and Kant is, therefore, that for Kant
things in some way change with the transition from private rights (in a state
of nature) to the public rights (“the sum of the laws which need to be promulgated
generally in order to bring about a rightful condition“, AA 06: 311).
Although, both private and public rights for Kant have the same content, and
only the form changes, this change presupposes united lawgiving will. But
here, the reasoning is not merely private, laws must actually be based on the
public reasoning, and must protect public reasoning, which includes protection
of rightful conditions for everyone to take part in the civil society.
And this presupposes much more than just the formal principle of freedom,
including the protection of factual freedom; as Shell wrote:
As member of the general will, in other words, each wills his own existence
as citizen only insofar as he also, and equally, wills the civic existence of
every other member of the peo ple (Shell 2016: 8)
We do not want here to discuss which view of society is ultimately better,
but argument showed above indicates that Nozick does not actually defend
(factual) freedom of all in the society, but the capitalist view of the society.
Geral Cohen came to the same conclusion:
Therefore Nozick cannot claim to be inspired throughout by a desire to
protect freedom, unless he means by ‘freedom’ what he really does mean
by it: the freedom of private property owners to do as they wish with their
property. (Cohen 1995: 90)
Olga Nikolić, Igor Cvejić
Social Justice and the Formal Principle of Freedom
From the Kantian perspective, protection of person’s freedom under the public
laws would imply much more than just the formal principle of freedom.
It would demand the protection of factual freedom, e.g. through the relief
of poverty. Thus it looks like freedom as understood by Nozick would for
Kant still count as lawless freedom:
And one cannot say: a state, a man in state has sacrificed a part of his own
innate outer freedom for the sake of an end, but rather, he has relinquished
entirely his wild, lawless freedom in order to find his freedom as such undiminished,
in a dependence upon laws, that is, in a rightful condition,
since this dependence arises from his own lawgiving will. (AA 06: 316)
Based on everything said above, let us dispose with Hayek’s arguments as
well.
282
First of all, Hayek’s ontological argument, seems to us unconvincing because
we can in fact attribute some responsibility for a particular distribution of
wealth in the society to the institutions deciding on policies which are to
be adopted. Therefore, we have responsibility as a political community for
the particular distribution of wealth being just or unjust, because we adopted
certain policies leading to such distribution.In the light of developments
within social thoery in the last tree decades, Hayek’s ontological position
seems rather naïve. There has been a significant effort lately to explain and
understand various collective social institutuions and their intentionality. 5
As for Hayek’s epistemological argument, he himself conceded that we can
in fact have some knowledge at least regarding the minimal needs, for example
shelter, clothing and food. There is no reason why we couldn’t extend
this even further, to encompass needs that are easily recognized as universally
desirable: education, health care, sanitation, access to information, etc.
Moreover, some of them directly follow from the political and economical
organization of a society and enable the possibilities of factual freedom (for
example, the need to use transport to go to or to find a job, or the need to use
internet to access information). 6 The problem remains of course, where to
draw the line. But the issue does not really confronts us with an impossible
epistemological task described by Hayek (unless we set the task too stringently,
demanding e.g. establishment of some perfectly egalitarian society).
Social needs are many and changing, but that does not mean that they cannot
be an object of knowledge for the social sciences.
As for Hayek’s economic argument, we will not dwell upon it, but we do
think that he overestimates the dangers for the economy that policies of
5 See Tuomela 2007; Searle 1995, 2010; Gilbert 1989.
6 See Geuss 1981: 22.
SOCIAL JUSTICE: NEW PERSPECTIVES, NEW HORIZONS
social justice can bring. There are theories that show the benefits of alternative
economic models, as well as the perils of the neoliberal one. The success
of neoliberal policies in the second half of XX century was followed by the
serious economic crises in the beginning of the XXI century, indicating that
neoliberal economy might not be a solution to all our problems. 7
Finally, Hayek’s political argument is at least double-edged, for, as we saw
above in Kant’s defence of social policies, and as we can see in the world today,
if the factual freedom of people is in danger, members of the society
could easily lose their possibilities to actively take part in a political decision-making,
leaving the doors wide open for oligarchy.
Concluding Remarks
We tried to show that we need something more that the formal principle of
freedom to make our society free. If the basic fact of human life and human
freedom is something that we should build our society on, then we think
that in formulating the principles of a free society, we need to be careful not
to underestimate the lived experience of freedom and the facticity of life.
The principle of respect for human life and dignity (civic dignities included),
which is not blind to the problem of factual freedom, gives us very strong reason
to defend social policies. This principle enables freedom itself to be more
generally dispersed than if we stick only to the formal principle of freedom.
283
Following this line of argument, the social policies can be defended, via the
principle of human dignity and respect, as moral obligations, as a duty of
beneficence which could be institutionalized by the state. In addition, and
this is often omitted from the story, they can also be defended juridically
via civic dignity.
The importance of questions presented here is even greater because today
we witness the worldwide degradation of social policies which enable protection
of the minimum of factual freedom, such as universal healthcare,
free public education, social insurance, the right to fair working conditions,
poverty relief, and many more.
References:
Alexy, Robert (2002), A Theory of Constitutional Rights, Oxford: Oxford University Press.
Berlin, Isaiah (2002), “Two Concepts of Liberty” in H. Hardy (ed.), Liberty, Oxford:
Oxford University Press, 166–217.
Cohen, Gerald A. (1995), Self-ownership Freedom and Equality, Cambridge: Cambridge
University Press
Gilbert, Margaret (1989), On Social Facts, London and New York: Routledge.
7 see McNally 1993
Olga Nikolić, Igor Cvejić
Social Justice and the Formal Principle of Freedom
284
Hayek, Friedrich (2013), Law, Legislation and Liberty, London and New York: Routledge.
Nozick, Robert (1974), Anarchy, State, and Utopia, Oxford: Blackwell.
Mill, John Stuart (2003), On Liberty, New Haven and London: Yale University Press.
Ober, Josiah (2012), “Democracy’s Dignity”, American Political Science Review 106 (4):
827–846.
O’Neill, Onora (1989), Constructions of Reason. Explorations on Kant’s Practical Philosophy,
Cambridge: Cambridge University Press
Pinzani, Alessandro; Madrid, Nuria Sánchez, “The State Looks Down: Some
Reassessments of Kant’s Appraisal of Citizenship“, in: A. Faggion, A. Pinzani, N.S.
Madrid (ed.), Kant and Social Policies, Cham: Palgrave McMillan: 25–48.
Searle, John (1995), The Construction of Social Reality, London: Penguin
Searle, John (2010), Making the Social World: The Structure of Human Civilization, Oxford:
Oxford University Press
Shell, Susan Meld, “Kant on Citizenship, Society and Redistributive Justice”, in: A.
Faggion, A. Pinzani, N.S. Madrid (ed.), Kant and Social Policies, Cham: Palgrave
McMillan: 1–24.
Tebble, Adam James (2009), “Hayek and Social Justice: A Critique”, Critical Review of
International Social and Political Philosophy 12 (4): 581–604.
Toumela, Raimo (2007), The Philosophy of Sociality: The Shared Point of View, Oxford:
Oxford University Press
Varden, Helga (2016), “Rawls vs Nozick vs Kant on Domestic Economic Justice”, in: A.
Faggion, A. Pinzani, N.S. Madrid (ed.), Kant and Social Policies, Cham: Palgrave
McMillan: 93–124.
Olga Nikolić, Igor Cvejić
Socijalna pravda i formalni princip slobode
Apstrakt
Cilj ovog teksta je da pokaže, nasuprot desno-libertarijanskoj kritici socijalne
pravde, da postoje dobri razlozi za odbranu politika socijalne pravde unutar slobodnog
društva. U prvom delu rada, predstavićemo dve uticajne desno-libertarijanske
kritike socijalne pravde, izložene u knjigama Pravo, zakonodavstvo i sloboda
Fridriha Hajeka i Anarhija, država i utopija Roberta Nozika. Na osnovu njihovog
pristupa, politike socijalne pravde vide se kao neopravdana povreda slobode
pojedinačnih članova društva. U odgovoru na ovu kritiku, uvešćemo distinkciju
između formalne i faktičke slobode i tvrdićemo da formalni princip slobode koji
brane Hajek i Nozik nije dovoljan za zaštitu faktičke slobode članova društva, jer
ne prepoznaje (1) moralnu obligaciju da se pomogne onima kojima, bez njihove
krivice, u velikoj meri nedostaje faktička sloboda, i (2) pravnu obligaciju države
da zaštiti građansko dostojanstvo svih članova društva. U drugom delu teksta,
nudimo interpretaciju Kantovog argumenta o porezima, prema kom građansko
dostojanstvo pretpostavlja faktičku slobodu, da bismo tvrdili da Kantovo opravdanje
poreza daje dobre razloge da se tvrdi da država ima pravnu obligaciju da
zaštiti faktičku slobodu politikama socijalne pravde.
Ključne reči: socijalna pravda, socijalna politika, porez, sloboda, dostojanstvo,
Hajek, Nozik, Kant.
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Advocacy Foundation Publishers
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Issue Title Quarterly
Vol. I 2015 The Fundamentals
I
The ComeUnity ReEngineering
Project Initiative
Q-1 2015
II The Adolescent Law Group Q-2 2015
III
Landmark Cases in US
Juvenile Justice (PA)
Q-3 2015
IV The First Amendment Project Q-4 2015
Vol. II 2016 Strategic Development
V The Fourth Amendment Project Q-1 2016
VI
Landmark Cases in US
Juvenile Justice (NJ)
Q-2 2016
VII Youth Court Q-3 2016
VIII
The Economic Consequences of Legal
Decision-Making
Q-4 2016
Vol. III 2017 Sustainability
IX The Sixth Amendment Project Q-1 2017
X
The Theological Foundations of
US Law & Government
Q-2 2017
XI The Eighth Amendment Project Q-3 2017
XII
The EB-5 Investor
Immigration Project*
Q-4 2017
Vol. IV 2018 Collaboration
XIII Strategic Planning Q-1 2018
XIV
The Juvenile Justice
Legislative Reform Initiative
Q-2 2018
XV The Advocacy Foundation Coalition Q-3 2018
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XVI
for Drug-Free Communities
Landmark Cases in US
Juvenile Justice (GA)
Q-4 2018
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Issue Title Quarterly
Vol. V 2019 Organizational Development
XVII The Board of Directors Q-1 2019
XVIII The Inner Circle Q-2 2019
XIX Staff & Management Q-3 2019
XX Succession Planning Q-4 2019
XXI The Budget* Bonus #1
XXII Data-Driven Resource Allocation* Bonus #2
Vol. VI 2020 Missions
XXIII Critical Thinking Q-1 2020
XXIV
The Advocacy Foundation
Endowments Initiative Project
Q-2 2020
XXV International Labor Relations Q-3 2020
XXVI Immigration Q-4 2020
Vol. VII 2021 Community Engagement
XXVII
The 21 st Century Charter Schools
Initiative
Q-1 2021
XXVIII The All-Sports Ministry @ ... Q-2 2021
XXIX Lobbying for Nonprofits Q-3 2021
XXX
XXXI
Advocacy Foundation Missions -
Domestic
Advocacy Foundation Missions -
International
Q-4 2021
Bonus
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Vol. VIII
2022 ComeUnity ReEngineering
XXXII
The Creative & Fine Arts Ministry
@ The Foundation
Q-1 2022
XXXIII The Advisory Council & Committees Q-2 2022
XXXIV
The Theological Origins
of Contemporary Judicial Process
Q-3 2022
XXXV The Second Chance Ministry @ ... Q-4 2022
Vol. IX 2023 Legal Reformation
XXXVI The Fifth Amendment Project Q-1 2023
XXXVII The Judicial Re-Engineering Initiative Q-2 2023
XXXVIII
The Inner-Cities Strategic
Revitalization Initiative
Q-3 2023
XXXVIX Habeas Corpus Q-4 2023
Vol. X 2024 ComeUnity Development
XXXVX
The Inner-City Strategic
Revitalization Plan
Q-1 2024
XXXVXI The Mentoring Initiative Q-2 2024
XXXVXII The Violence Prevention Framework Q-3 2024
XXXVXIII The Fatherhood Initiative Q-4 2024
Vol. XI 2025 Public Interest
XXXVXIV Public Interest Law Q-1 2025
L (50) Spiritual Resource Development Q-2 2025
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LI
Nonprofit Confidentiality
In The Age of Big Data
Q-3 2025
LII Interpreting The Facts Q-4 2025
Vol. XII 2026 Poverty In America
LIII
American Poverty
In The New Millennium
Q-1 2026
LIV Outcome-Based Thinking Q-2 2026
LV Transformational Social Leadership Q-3 2026
LVI The Cycle of Poverty Q-4 2026
Vol. XIII 2027 Raising Awareness
LVII ReEngineering Juvenile Justice Q-1 2027
LVIII Corporations Q-2 2027
LVIX The Prison Industrial Complex Q-3 2027
LX Restoration of Rights Q-4 2027
Vol. XIV 2028 Culturally Relevant Programming
LXI Community Culture Q-1 2028
LXII Corporate Culture Q-2 2028
LXIII Strategic Cultural Planning Q-3 2028
LXIV
The Cross-Sector/ Coordinated
Service Approach to Delinquency
Prevention
Q-4 2028
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Vol. XV 2029 Inner-Cities Revitalization
LXIV
LXV
LXVI
Part I – Strategic Housing
Revitalization
(The Twenty Percent Profit Margin)
Part II – Jobs Training, Educational
Redevelopment
and Economic Empowerment
Part III - Financial Literacy
and Sustainability
Q-1 2029
Q-2 2029
Q-3 2029
LXVII Part IV – Solutions for Homelessness Q-4 2029
LXVIII
The Strategic Home Mortgage
Initiative
Bonus
Vol. XVI 2030 Sustainability
LXVIII Social Program Sustainability Q-1 2030
LXIX
The Advocacy Foundation
Endowments Initiative
Q-2 2030
LXX Capital Gains Q-3 2030
LXXI Sustainability Investments Q-4 2030
Vol. XVII 2031 The Justice Series
LXXII Distributive Justice Q-1 2031
LXXIII Retributive Justice Q-2 2031
LXXIV Procedural Justice Q-3 2031
LXXV (75) Restorative Justice Q-4 2031
LXXVI Unjust Legal Reasoning Bonus
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Vol. XVIII 2032 Public Policy
LXXVII Public Interest Law Q-1 2032
LXXVIII Reforming Public Policy Q-2 2032
LXXVIX ... Q-3 2032
LXXVX ... Q-4 2032
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The e-Advocate Monthly Review
2018
Transformational Problem Solving January 2018
The Advocacy Foundation February 2018
Opioid Initiative
Native-American Youth March 2018
In the Juvenile Justice System
Barriers to Reducing Confinement April 2018
Latino and Hispanic Youth May 2018
In the Juvenile Justice System
Social Entrepreneurship June 2018
The Economic Consequences of
Homelessness in America S.Ed – June 2018
African-American Youth July 2018
In the Juvenile Justice System
Gang Deconstruction August 2018
Social Impact Investing September 2018
Opportunity Youth: October 2018
Disenfranchised Young People
The Economic Impact of Social November 2018
of Social Programs Development
Gun Control December 2018
2019
The U.S. Stock Market January 2019
Prison-Based Gerrymandering February 2019
Literacy-Based Prison Construction March 2019
Children of Incarcerated Parents April 2019
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African-American Youth in The May 2019
Juvenile Justice System
Racial Profiling June 2019
Mass Collaboration July 2019
Concentrated Poverty August 2019
De-Industrialization September 2019
Overcoming Dyslexia October 2019
Overcoming Attention Deficit November 2019
The Gift of Adversity December 2019
2020
The Gift of Hypersensitivity January 2020
The Gift of Introspection February 2020
The Gift of Introversion March 2020
The Gift of Spirituality April 2020
The Gift of Transformation May 2020
Property Acquisition for
Organizational Sustainability June 2020
Investing for Organizational
Sustainability July 2020
Biblical Law & Justice TLFA August 2020
Gentrification AF September 2020
Environmental Racism NpA October 2020
Law for The Poor AF November 2020
…
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2021
Biblically Responsible Investing TLFA – January 2021
International Criminal Procedure LMI – February 2021
Spiritual Rights TLFA – March 2021
The Theology of Missions TLFA – April 2021
Legal Evangelism, Intelligence,
Reconnaissance & Missions LMI – May 2021
The Law of War LMI – June 2021
Generational Progression AF – July 2021
Predatory Lending AF – August 2021
The Community Assessment Process NpA – September 2021
Accountability NpA – October 2021
Nonprofit Transparency NpA – November 2021
Redefining Unemployment AF – December 2021
2022
21 st Century Slavery AF – January 2022
Acquiesce to Righteousness TLFA – February 2022
ComeUnity Capacity-Building NpA – March 2022
Nonprofit Organizational Assessment NpA – April 2022
Debt Reduction AF – May 2022
Case Law, Statutory Law,
Municipal Ordinances and Policy ALG – June 2022
Organizational Dysfunction NpA - July 2022
Institutional Racism Collab US – August 2022
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The Ripple Effects of Ministry TLFA - September 2022
The Sarbanes-Oxley Act of 2002 NpA – October 2022
Organized Crime (In The New Millennium) ALG – May 2022
Nonprofit Marketing NpA – June 2022
The Uniform Code of Military Justice AF – July 2022
Community Policing NpA – August 2022
Wills, Trusts & Estates AF – September 2022
International Incidents Series
I. Ten Conflicts to Watch In
The New Millennium LMI – October 2022
II. International Hotspots LMI – November 2022
III. International Cyber Terrorism LMI – December 2022
The Cost Ineffectiveness of TJP August 2023
Mandatory Minimum Sentencing
In The U.S.
2023
I. International Sex Trafficking LMI – January 2023
II. Brexit LMI – February 2023
III. Global Jihad LMI – March 2023
IV. The Global Economy LMI – April 2023
Judicial Mistakes ALG May 2023
The Political Dynamics of Justice TJP June 2023
Reform in The U.S.
The Violent Crime Control and
Law Enforcement Act of 1994 TJP July 2023
The Cost Ineffectiveness of TJP August 2023
Mandatory Minimum Sentencing
In The U.S.
Israelites, Phafisees & Sadducees TLFA September 2023
In The 21 st Century Church
Page 147 of 161
Social Justice Activism TJP October 2023
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The e-Advocate Quarterly
Special Editions
Crowdfunding Winter-Spring 2017
Social Media for Nonprofits October 2017
Mass Media for Nonprofits November 2017
The Opioid Crisis in America: January 2018
Issues in Pain Management
The Opioid Crisis in America: February 2018
The Drug Culture in the U.S.
The Opioid Crisis in America: March 2018
Drug Abuse Among Veterans
The Opioid Crisis in America: April 2018
Drug Abuse Among America’s
Teens
The Opioid Crisis in America: May 2018
Alcoholism
The Economic Consequences of June 2018
Homelessness in The US
The Economic Consequences of July 2018
Opioid Addiction in America
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The e-Advocate Journal
of Theological Jurisprudence
Vol. I - 2017
The Theological Origins of Contemporary Judicial Process
Scriptural Application to The Model Criminal Code
Scriptural Application for Tort Reform
Scriptural Application to Juvenile Justice Reformation
Vol. II - 2018
Scriptural Application for The Canons of Ethics
Scriptural Application to Contracts Reform
& The Uniform Commercial Code
Scriptural Application to The Law of Property
Scriptural Application to The Law of Evidence
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Legal Missions International
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Issue Title Quarterly
Vol. I 2015
I
II
God’s Will and The 21 st Century
Democratic Process
The Community
Engagement Strategy
Q-1 2015
Q-2 2015
III Foreign Policy Q-3 2015
IV
Public Interest Law
in The New Millennium
Q-4 2015
Vol. II 2016
V Ethiopia Q-1 2016
VI Zimbabwe Q-2 2016
VII Jamaica Q-3 2016
VIII Brazil Q-4 2016
Vol. III 2017
IX India Q-1 2017
X Suriname Q-2 2017
XI The Caribbean Q-3 2017
XII United States/ Estados Unidos Q-4 2017
Vol. IV 2018
XIII Cuba Q-1 2018
XIV Guinea Q-2 2018
XV Indonesia Q-3 2018
XVI Sri Lanka Q-4 2018
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Vol. V 2019
XVII Russia Q-1 2019
XVIII Australia Q-2 2019
XIV South Korea Q-3 2019
XV Puerto Rico Q-4 2019
Issue Title Quarterly
Vol. VI 2020
XVI Trinidad & Tobago Q-1 2020
XVII Egypt Q-2 2020
XVIII Sierra Leone Q-3 2020
XIX South Africa Q-4 2020
XX Israel Bonus
Vol. VII 2021
XXI Haiti Q-1 2021
XXII Peru Q-2 2021
XXIII Costa Rica Q-3 2021
XXIV China Q-4 2021
XXV Japan Bonus
Vol VIII 2022
XXVI Chile Q-1 2022
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The e-Advocate Juvenile Justice Report
______
Vol. I – Juvenile Delinquency in The US
Vol. II. – The Prison Industrial Complex
Vol. III – Restorative/ Transformative Justice
Vol. IV – The Sixth Amendment Right to The Effective Assistance of Counsel
Vol. V – The Theological Foundations of Juvenile Justice
Vol. VI – Collaborating to Eradicate Juvenile Delinquency
Page 154 of 161
The e-Advocate Newsletter
Genesis of The Problem
Family Structure
Societal Influences
Evidence-Based Programming
Strengthening Assets v. Eliminating Deficits
2012 - Juvenile Delinquency in The US
Introduction/Ideology/Key Values
Philosophy/Application & Practice
Expungement & Pardons
Pardons & Clemency
Examples/Best Practices
2013 - Restorative Justice in The US
2014 - The Prison Industrial Complex
25% of the World's Inmates Are In the US
The Economics of Prison Enterprise
The Federal Bureau of Prisons
The After-Effects of Incarceration/Individual/Societal
The Fourth Amendment Project
The Sixth Amendment Project
The Eighth Amendment Project
The Adolescent Law Group
2015 - US Constitutional Issues In The New Millennium
Page 155 of 161
2018 - The Theological Law Firm Academy
The Theological Foundations of US Law & Government
The Economic Consequences of Legal Decision-Making
The Juvenile Justice Legislative Reform Initiative
The EB-5 International Investors Initiative
2017 - Organizational Development
The Board of Directors
The Inner Circle
Staff & Management
Succession Planning
Bonus #1 The Budget
Bonus #2 Data-Driven Resource Allocation
2018 - Sustainability
The Data-Driven Resource Allocation Process
The Quality Assurance Initiative
The Advocacy Foundation Endowments Initiative
The Community Engagement Strategy
2019 - Collaboration
Critical Thinking for Transformative Justice
International Labor Relations
Immigration
God's Will & The 21st Century Democratic Process
The Community Engagement Strategy
The 21st Century Charter Schools Initiative
2020 - Community Engagement
Page 156 of 161
Extras
The Nonprofit Advisors Group Newsletters
The 501(c)(3) Acquisition Process
The Board of Directors
The Gladiator Mentality
Strategic Planning
Fundraising
501(c)(3) Reinstatements
The Collaborative US/ International Newsletters
How You Think Is Everything
The Reciprocal Nature of Business Relationships
Accelerate Your Professional Development
The Competitive Nature of Grant Writing
Assessing The Risks
Page 157 of 161
Page 158 of 161
About The Author
John C (Jack) Johnson III
Founder & CEO – The Advocacy Foundation, Inc.
________
Jack was educated at Temple University, in Philadelphia, Pennsylvania and Rutgers
Law School, in Camden, New Jersey. In 1999, he moved to Atlanta, Georgia to pursue
greater opportunities to provide Advocacy and Preventive Programmatic services for atrisk/
at-promise young persons, their families, and Justice Professionals embedded in the
Juvenile Justice process in order to help facilitate its transcendence into the 21 st Century.
There, along with a small group of community and faith-based professionals, “The Advocacy Foundation, Inc." was conceived
and developed over roughly a thirteen year period, originally chartered as a Juvenile Delinquency Prevention and Educational
Support Services organization consisting of Mentoring, Tutoring, Counseling, Character Development, Community Change
Management, Practitioner Re-Education & Training, and a host of related components.
The Foundation’s Overarching Mission is “To help Individuals, Organizations, & Communities Achieve Their Full Potential”, by
implementing a wide array of evidence-based proactive multi-disciplinary "Restorative & Transformative Justice" programs &
projects currently throughout the northeast, southeast, and western international-waters regions, providing prevention and support
services to at-risk/ at-promise youth, to young adults, to their families, and to Social Service, Justice and Mental
Health professionals” in each jurisdiction served. The Foundation has since relocated its headquarters to Philadelphia,
Pennsylvania, and been expanded to include a three-tier mission.
In addition to his work with the Foundation, Jack also served as an Adjunct Professor of Law & Business at National-Louis
University of Atlanta (where he taught Political Science, Business & Legal Ethics, Labor & Employment Relations, and Critical
Thinking courses to undergraduate and graduate level students). Jack has also served as Board President for a host of wellestablished
and up & coming nonprofit organizations throughout the region, including “Visions Unlimited Community
Development Systems, Inc.”, a multi-million dollar, award-winning, Violence Prevention and Gang Intervention Social Service
organization in Atlanta, as well as Vice-Chair of the Georgia/ Metropolitan Atlanta Violence Prevention Partnership, a state-wide
300 organizational member violence prevention group led by the Morehouse School of Medicine, Emory University and The
Original, Atlanta-Based, Martin Luther King Center.
Attorney Johnson’s prior accomplishments include a wide-array of Professional Legal practice areas, including Private Firm,
Corporate and Government postings, just about all of which yielded significant professional awards & accolades, the history and
chronology of which are available for review online at LinkedIn.com. Throughout his career, Jack has served a wide variety of
for-profit corporations, law firms, and nonprofit organizations as Board Chairman, Secretary, Associate, and General Counsel
since 1990.
www.Advocacy.Foundation
Clayton County Youth Services Partnership, Inc. – Chair; Georgia Violence Prevention Partnership, Inc – Vice Chair; Fayette
County NAACP - Legal Redress Committee Chairman; Clayton County Fatherhood Initiative Partnership – Principal
Investigator; Morehouse School of Medicine School of Community Health Feasibility Study Steering Committee; Atlanta
Violence Prevention Capacity Building Project Partner; Clayton County Minister’s Conference, President 2006-2007; Liberty In
Life Ministries, Inc. Board Secretary; Young Adults Talk, Inc. Board of Directors; ROYAL, Inc Board of Directors; Temple
University Alumni Association; Rutgers Law School Alumni Association; Sertoma International; Our Common Welfare Board of
Directors President 2003-2005; River’s Edge Elementary School PTA (Co-President); Summerhill Community Ministries
(Winter Sports Athletic Director); Outstanding Young Men of America; Employee of the Year; Academic All-American -
Basketball; Church Trustee; Church Diaconate Ministry (Walking Deacon); Pennsylvania Commission on Crime & Delinquency
(Nominee).
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www.Advocacy.Foundation
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