Animal rights is a social justice issue

The literature on social justice, and social justice movements themselves, routinely ignore nonhuman animals as legitimate subjects of social justice. Yet, as with other social justice movements, the contemporary animal liberation movement has as its focus the elimination of institutional and systemic domination and oppression. In this paper, I explicate the philosophical and theoretical foundations of the contemporary animal rights movement, and situate it within the framework of social justice. I argue that those committed to social justice – to minimizing violence, exploitation, domination, objectification, and oppression – are equally obligated to consider the interests of all sentient beings, not only those of human beings.     

Restorative justice: the indigenous justice system

Dramatically different beliefs about justice will produce dramatically different methods for achieving justice. The beliefs underlying the traditional Indigenous restorative justice systems, systems that dramatically differ from the European-based system practiced in the USA are presented. The discussion highlights the legacy of colonialism for tribal communities and the resilience and creative resistance that have continued to characterize the spirit and ingenuity of Indigenous peoples.     

Sexual orientation as a justice issue: Issues of postmodern social philosophy and religion for civil rights

This essay theoretically explores three core concerns for social justice research and analysis in the transition from social and legal philosophical foundations based upon Enlightenment categorical universals to a postmodern context that recognizes concurrent globalization and the constructed nature of particular status identities. Utilizing sexual orientation as a case study, the concerns are, what constitutes a civil right in a postmodern context, how useful are categories versus behaviors in protecting civil rights, and how does religion affect the civil morality that justifies and legitimates justice criteria? The argument is made that a justice construct for sexual orientation must rely both on behavioral freedoms and ontological status for adequate protection of human dignity and equality. It also is argued that interreligious discourse is essential to reparticularize religiomoral assumptions that have justified inequality and to provide an adequate negotiated grounding to legitimate shared norms upon which postmodern justice philosophy can be built.     

Two paradigms of justice: criminal vs survivor justice in Africa

African countries continue to experience civil wars and other low-level violent conflicts. An issue relating to the intractable nature of postcolonial violence and how it should be resolved, is what is the potential for advancing contemporary peace processes and negotiated agreements through the notion of survivor justice? Two paradigms of justice have emerged in Africa in response to mass violence: criminal justice based on the example of the Nuremberg trials; and survivor justice based on political reform and exemplified by the cases of South Africa and Sudan. These two paradigms of justice are compared, with the context undergirding the debate and assumptions of each explored, and how this related to the issues of building peace in Africa. The guiding question is whether civil wars can be ended in courts. I argue that where a decisive military victory is untenable, survivor justice, that is political reform combined with judicial reconciliation, is the best way to resolve Africa’s conflicts. The example of South Africa’s political settlement and the reconciliation process in Rwanda offer examples of solutions for conflict transition to peace. Criminal justice processes – absent a decisive military victory – can act to delay and prevent peace and resolution.     

Frenemies: restorative justice and customary mechanisms of justice

More often than not, restorative justice is said to take roots in Indigenous practices. In fact, Indigenous and other traditional mechanisms of justice are often described as examples of restorative justice practices. In New Zealand, the government equates the Mãori approach to doing justice with family group conferences (FGC); a restorative justice mechanism which it claims embodies Mãori values and preferences. This article contends, however, that the type of ‘justice’ embodied in customary mechanisms, has often been taken out of context, and rendered universal and ahistorical through its representation as restorative justice mechanisms. Using fieldwork evidence, an analytical comparison between principles of restorative practices, New Zealand’s FGCs and the Mãori approach to justice was conducted. It concludes that this tendency to equate restorative justice with Indigenous approaches to law and justice is harmful and dangerous for it risks rendering the scholarship homogenizing and universalizing restorative justice, to the detriment of local preferences and practices.     

The longmont community justice partnership: Restorative justice practice as collaboration

This paper documents the application of restorative justice principles using a model which was developed by the Longmont Community Justice Partnership (LCJP) and is being used in other communities in Colorado. It explains the structure and operation of this model as well as addresses some of the challenging issues program participants faced during the startup, development, and maintenance phases of the program. Among other issues we consider community support, team development, evaluation, restorative language, funding, and the limitations of the model. Finally we discuss the way in which this program has potential for other communities which seek to implement restorative justice practices.     

Critical justice consciousness: Social injustice and the criminal justice system

In this essay I examine the importance of social justice to my identity and the changing interpretation of my “justice consciousness” resulting from changes in my work life. Drawing on my academic experience as well as my experience as an attorney, I describe the meaning that social justice has for me. I also examine the connections that I see between social injustice and the operation of the critical justice system.     

Bargaining for justice: A means to resolve competing justice claims

In many types of social situations, individuals defend their claims to a portion of the rewards by arguing that they are just. Although a great deal of research demonstrates that individuals differ in their distribution preferences and thus their beliefs about what is fair, the literature curiously omits consideration of the consequences of these differences, especially the conflict they may engender. This paper first reviews the few attempts to address such justice conflict. The limitations of these approaches suggest concerns to be addressed in an alternative framework. The paper presents a theoretical discussion of this alternative that integrates assumptions about distribution preferences, justice beliefs, conditions fostering the emergence of justice conflict, and elements of negotiation processes as a basic framework for predictions about the bargaining strategies individuals may employ to resolve competing justice claims.     

Toward a restorative justice pedagogy: reflections on teaching restorative justice in correctional facilities

Restorative justice is currently practiced in a variety of ways inside correctional facilities. One such way is the facilitation of restorative justice education. If grounded in restorative values, such education can contribute to outcomes similar to other restorative practices, such as victim offender dialogue. These outcomes include opportunities to speak to personal experiences, personal change, and growth, and a desire to engage in positive relationships and give back to the community. This paper draws on the teaching and facilitation experiences of the author and incarcerated peer facilitators to develop a restorative justice pedagogy. This pedagogy, based on restorative values, aims to inspire individual and social transformation; build community among participants; give voice to the unique experiences of participants; offer opportunities for real-life problem solving; provide a creative learning environment that is co-created by students and facilitators; view students as practitioners, theorists, and educators; and invite instructors to view themselves as students and share in the learning process. Implications of the restorative justice pedagogy for teaching outside the prison context and with course material other than restorative justice conclude the article.     

Foreword: Applied ethics in criminal justice

Abstract

In The Problem of Punishment, David Boonin offers an analysis of punishment and an account of what he sees as ethically problematic about it. In this essay I make three points. First, pace Boonin's analysis, everyday examples of punishment show that it sometimes isn't harmful, but merely “discomforting.” Second, intentionally “discomforting” offenders isn't uniquely problematic, given that we have cases of non-punitive intentional discomforture—and perhaps even harmful discomforture—that seem unobjectionable. Third, a notable fact about both non-harmful punishment and non-punitive intentional discomforture is that they aim at improving the subject. This suggests that, if the prima facie wrongness of intentionally harming another person is the fundamental challenge for punishment, the “educative defense” is the royal road to justifying the practice. I conclude by outlining one version of the educative defense that exploits this advantage while avoiding some traditional objections to the approach.     

Women in criminal justice: Occupational interests

This study explores the extent to which women interested in careers in criminal justice tend to express interest in the female-role—compatible specialties within the field as compared to men and as compared to more traditionally male specialties. A sample of 288 criminal justice students was surveyed and the data revealed that females did express higher interest in female-role—compatible specialties both as compared to the males surveyed and as compared to their interest in most of the traditionally male positions. The results are especially noteworthy in that occupational areas recently opened to women (most especially police patrol officer) were of relatively low interest to those women as compared to traditionally female areas.     

Human justice: An elegy

Kwantlen University College