History of Social justice

Social justice

Social justice is the fair and just relation between the individual and society. This is measured by the explicit and tacit terms for 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 unspoken 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, labour law and regulation of markets, to ensure fair distribution of wealth, equal opportunity andequality of outcome.

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.^[10] Thence, social justice is invoked today while reinterpreting historical figures such as Bartolomé de las Casas, in philosophical debates about differences among human beings, in efforts for gender, racial and social equality, for advocating justice for migrants, prisoners, the environment, and the physically and mentally 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 from the 1840s. 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.^[2][18][19] 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 Labour 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 Rawlsin A Theory of Justice (1971). In 1993, the Vienna Declaration and Programme of Action treats social justice as a purpose of the human rights education.

History

The different concepts of justice, as discussed in ancient Western philosophy, were typically centered upon the community. 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." Aristotle 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. 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" was coined by Jesuitpriest Luigi Taparelli in the 1840s.

The first modern usage of the specific term "social justice" is typically attributed to Catholic thinkers from the 1840s, including the Jesuit Luigi Taparelli inCiviltà 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 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 Labour 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. 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.

Contemporary theory

Philosophical perspectives

Cosmic values

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 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.^[29]

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.^[31]

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.
• 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 organiser 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 emphasise 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);
• Freedom of association;
• Freedoms necessary for the liberty and integrity of the person (viz: 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. Thomas argues that social institutions have a negative duty, that means that their duty is 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 systematically harms developing economies by enabling corporate tax evasion, illicit financial flows, corruption, trafficking of people and weapons as a few examples. Joshua Cohen disputes his claims based on the fact that some poor countries have done well in spite of the current institutional design. Elizabeth Kahn argues that some of these responsibilities should apply globally.

United 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."

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 labour 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 programmes of virtually all the leftist and centrist political parties around the world..."

Religious perspectives

Hinduism

Present day jati hierarchy is undergoing changes for 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 behaviour of the jatis has led to various reform movements in hinduism. While legally outlawed, the caste system remains strong in practice.

Islam

The Quran contains numerous references to elements of social justice. For example, one of Islam's Five Pillars is Zakāt, or alms-giving. Charity and assistance to the poor – concepts central to social justice – are and have historically been important parts of the Islamic faith.

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.^[43] The Shi'a believe that the return of the Mahdi will herald in "the messianic age of justice" and the Mahdi along with the Messiah (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.

Though monetary donations are the most practiced way of zakat, Islam is deeply rooted in the tenets of volunteerism and social activism. Areas of one's communities which require assistance and beneficiaries must be a Muslim's foci if need be, rather than strictly her or his personal or superficial wants. For example, the ecological well-being of the planet (i.e.: animal rights, global warming, natural resources degradation); locally, nationally, globally, is a campaign to which every Muslim must adhere. Many Muslims practice this today by ensuring that they produce minimal waste, give to charity what they no longer need, and spend time in prayer and meditation upon the bounties of nature so as to more mindfully approach all that is provided by nature,and ultimately, Allah. Other areas of society in need may be the safety and security of minority populations, i.e.: women or persons of color, children, the elderly, the developmentally or physically disabled, animals, et al.

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").

Christianity

Methodism

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 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^[52] 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), 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 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.
• 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 thePontifical Council Iustitia et Pax.