Examining Injustice

The past several decades have witnessed a surge in critiques of justice theory by gender, race, disability, post-colonial, non-Western, and other anti-oppression theorists. These theorists tend to reject ideal theory and instead engage in ‘theorizing’ that takes the details of people’s lives to be central to understanding and alleviating injustices. These theorists reveal injustices emerging from norms assumed in mainstream justice theory and uncover them to challenge liberal accounts of moral reasoning and responsibility rooted in individualist conceptions of the self. Instead, they defend a relational conception of selves as born into relationships and shaped by norms, institutions, and structures that determine needs, opportunities, and life prospects differently for different people and groups. Attention to real world circumstances of injustice reveals inequalities in power between developed and developing countries; former colonizers and those colonized within and across nations; and the powerful and marginalized/oppressed where racism, classism, sexism, heterosexism, and so on still prevail. This volume sets out to examine a range of injustices emerging from, and shaped by, histories and contexts of patriarchy, racism, colonialism, capitalism, and so on. These are the kinds of injustices that affect the lives and well-being of people at the global, national, and local levels. The chapters in this book were originally published in the Ethics and Social Welfare journal.

Ableism is embedded in Canadian criminal justice institutions, policies, and practices, making incarceration and institutionalization dangerous – even deadly – for disabled people. Disability Injustice examines disability in contexts that include policing and surveillance, sentencing and the courts, prisons and alternatives to confinement. The contributors confront challenging topics such as the pathologizing of difference as deviance; eugenics and crime control; criminalization based on biased physical and mental health approaches; and the role of disability justice activism in contesting discrimination. This provocative collection highlights how, with deeper understanding of disability, we can challenge the practices of crime control and the processes of criminalization.

After escaping from Nazi Germany with his family, Igersheimer was completing his medical studies when he was caught in the panic that led to the internment of 30,000 German and Italian citizens living in Britain. They were placed behind barbed wire and treated as enemies. Many of the Jewish refugees were then sent to prisons in Canada, but the internees did not let the authorities crush their creativity or desire for an education: they started a free university, mounted plays, and wrote musicals. Laced with black humour, Blatant Injustice is a story of resilience and determination.

In 1942, the Canadian government forced more than 21,000 Japanese Canadians from their homes in British Columbia. They were told to bring only one suitcase each and officials vowed to protect the rest. Instead, Japanese Canadians were dispossessed, all their belongings either stolen or sold. The definitive statement of a major national research partnership, Landscapes of Injustice reinterprets the internment of Japanese Canadians by focusing on the deliberate and permanent destruction of home through the act of dispossession. All forms of property were taken. Families lost heirlooms and everyday possessions. They lost decades of investment and labour. They lost opportunities, neighbourhoods, and communities; they lost retirements, livelihoods, and educations. When Japanese Canadians were finally released from internment in 1949, they had no homes to return to. Asking why and how these events came to pass and charting Japanese Canadians' diverse responses, this book details the implications and legacies of injustice perpetrated under the cover of national security. In Landscapes of Injustice the diverse descendants of dispossession work together to understand what happened. They find that dispossession is not a chapter that closes or a period that neatly ends. It leaves enduring legacies of benefit and harm, shame and silence, and resilience and activism.

In August 2016 Colten Boushie, a twenty-two-year-old Cree man from Red Pheasant First Nation, was fatally shot on a Saskatchewan farm by white farmer Gerald Stanley. In a trial that bitterly divided Canadians, Stanley was acquitted of both murder and manslaughter by a jury in Battleford with no visible Indigenous representation. In Canadian Justice, Indigenous Injustice Kent Roach critically reconstructs the Gerald Stanley/Colten Boushie case to examine how it may be a miscarriage of justice. Roach provides historical, legal, political, and sociological background to the case including misunderstandings over crime when Treaty 6 was negotiated, the 1885 hanging of eight Indigenous men at Fort Battleford, the role of the RCMP, prior litigation over Indigenous underrepresentation on juries, and the racially charged debate about defence of property and rural crime. Drawing on both trial transcripts and research on miscarriages of justice, Roach looks at jury selection, the controversial “hang fire” defence, how the credibility and beliefs of Indigenous witnesses were challenged on the stand, and Gerald Stanley's implicit appeals to self-defence and defence of property, as well as the decision not to appeal the acquittal. Concluding his study, Roach asks whether Prime Minister Justin Trudeau's controversial call to “do better” is possible, given similar cases since Stanley's, the difficulty of reforming the jury or the RCMP, and the combination of Indigenous underrepresentation on juries and overrepresentation among those victimized and accused of crimes. Informed and timely, Canadian Justice, Indigenous Injustice is a searing account of one case that provides valuable insight into criminal justice, racism, and the treatment of Indigenous peoples in Canada.

This book is a philosophical exploration of disorientation and its significance for action. Disorientations are human experiences of losing one's bearings, such that life is disrupted and it is not clear how to go on. In the face of life experiences like trauma, grief, illness, migration, education, queer identification, and consciousness raising, individuals can be deeply disoriented. These and other disorientations are not rare. Although disorientations can be common and powerful parts of individuals' lives, they remain uncharacterized by Western philosophers, and overlooked by ethicists. Disorientations can paralyze, overwhelm, embitter, and misdirect moral agents, and moral philosophy and motivational psychology have important insights to offer into why this is. More perplexing are the ways disorientations may prompt improved moral action. Ami Harbin draws on first person accounts, philosophical texts, and qualitative and quantitative research to show that in some cases of disorientation, individuals gain new forms of awareness of political complexity and social norms, and new habits of relating to others and an unpredictable moral landscape. She then argues for the moral and political promise of these gains. A major contention of the book is that disorientations have 'non-resolutionary effects': they can help us act without first helping us resolve what to do. In exploring these possibilities, Disorientation and Moral Life contributes to philosophy of emotions, moral philosophy, and political thought from a distinctly feminist perspective. It makes the case for seeing disorientations as having the power to motivate profound and long-term shifts in moral and political action. A feminist re-envisioning of moral psychology provides the framework for understanding how they do so.

"A groundbreaking book . . . revealing the systemic, everyday problems in our courts that must be addressed if justice is truly to be served."—Doris Kearns Goodwin Attorney and journalist Amy Bach spent eight years investigating the widespread courtroom failures that each day upend lives across America. What she found was an assembly-line approach to justice: a system that rewards mediocre advocacy, bypasses due process, and shortchanges both defendants and victims to keep the court calendar moving. Here is the public defender who pleads most of his clients guilty with scant knowledge about their circumstances; the judge who sets outrageous bail for negligible crimes; the prosecutor who habitually declines to pursue significant cases; the court that works together to achieve a wrongful conviction. Going beyond the usual explanations of bad apples and meager funding, Ordinary Injustice reveals a clubby legal culture of compromise, and shows the tragic consequences that result when communities mistake the rules that lawyers play by for the rule of law. It is time, Bach argues, to institute a new method of checks and balances that will make injustice visible—the first and necessary step to reform.

The murder of unarmed teenager Trayvon Martin and the subsequent trial and acquittal of his assailant, George Zimmerman, sparked a passionate national debate about race and criminal justice in America that involved everyone from bloggers to mayoral candidates to President Obama himself. With increased attention to these causes, from St. Louis to Los Angeles, intense outrage at New York City’s Stop and Frisk program and escalating anger over the effect of mass incarceration on the nation’s African American community, the Trayvon Martin case brought the racialized nature of the American justice system to the forefront of our national consciousness. Deadly Injustice uses the Martin/Zimmerman case as a springboard to examine race, crime, and justice in our current criminal justice system. Contributors explore how race and racism informs how Americans think about criminality, how crimes are investigated and prosecuted, and how the media interprets and reports on crime. At the center of their analysis sit examples of the Zimmerman trial and Florida’s controversial Stand Your Ground law, providing current and resonant examples for readers as they work through the bigger-picture problems plaguing the American justice system. This important volume demonstrates how highly publicized criminal cases go on to shape public views about offenders, the criminal process, and justice more generally, perpetuating the same unjust cycle for future generations. A timely, well-argued collection, Deadly Injustice is an illuminating, headline-driven text perfect for students and scholars of criminology and an important contribution to the discussion of race and crime in America.