Social justice
Social justice is justice in relation to a fair balance in the distribution of wealth, opportunities, and privileges within a society where individuals' rights are recognized and protected.[1] In Western and Asian cultures, the concept of social justice has often referred to the process of ensuring that individuals fulfill their societal roles and receive their due from society.[2][3][4] In the current movements for social justice, the emphasis has been on the breaking of barriers for social mobility, the creation of safety nets, and economic justice.[5][6][7][8][9] 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 distribution of wealth, and equal opportunity.[10]
For the early-20th-century periodical, see Social Justice (periodical). For the academic journal established in 1974, see Social Justice (journal).
Modernist 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.[11] Hence, 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, ethnic, and social equality, for advocating justice for migrants, prisoners, the environment, and the physically and developmentally disabled.[12][13][14]
While concepts of social justice can be found in classical and Christian philosophical sources, from early Greek philosophers Plato and Aristotle to Catholic saints Augustine of Hippo and Thomas Aquinas, the term social justice finds its earliest uses in the late eighteenth century, albeit with unclear theoretical or practical meanings.[15][16][17] The use of the term was early on subject to accusations of redundancy and of rhetorical flourish, perhaps but not necessarily related to amplifying one view of distributive justice.[18] In the coining and definition of the term in the natural law social scientific treatise of Luigi Taparelli, in the early 1840s,[19] Taparelli established the natural law principle that corresponded to the evangelical principle of brotherly love—i.e. social justice reflects the duty one has to one's other self in the interdependent abstract unity of the human person in society.[20] After the Revolutions of 1848, the term was popularized generically through the writings of Antonio Rosmini-Serbati.[21][22]
In the late industrial revolution, Progressive Era 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 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.[23][24]
The different concepts of justice, as discussed in ancient Western philosophy, were typically centered upon the community.
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."[30] 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."[31]
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.[32] 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;[33][34] also the term is present in books written by Catholic Italian theologians, notably members of the Society of Jesus.[35] 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.[32]
The usage of the term started to become more frequent by Catholic thinkers from the 1840s, beginning with the Jesuit Luigi Taparelli in Civiltà Cattolica, and based on the work of St. Thomas Aquinas. Taparelli 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 ethics.[18] 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."[36]
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 1931, the Pope Pius XI explicitly referred to the expression, along with the concept of subsidiarity, for the first time in Catholic social teaching in the encyclical Quadragesimo anno. Then again in Divini Redemptoris, the church pointed out that the realization of social justice relied on the promotion of the dignity of human person.[37] During the 1930s, the term was widely associated with pro-Nazi and antisemitic groups, such as the Christian Front.[38] Social Justice was the slogan of Charles Coughlin, and the name of his newspaper. Because of the documented influence of Divini Redemptoris in its drafters,[39] 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.[32]
In the late 20th century, several liberal and conservative thinkers, notably Friedrich Hayek rejected the concept by stating that it did not mean anything, or meant too many things.[40] 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.[32]