Justice and Injustice

Question 1

What is the optimistic view of justice in Australia?

Answer 1

Freedom and equality are necessary for a just society

This view emphasizes laws that support equal opportunity and punish discrimination.

Question 2

What is the critical view of justice in Australia?

Answer 2

Focuses on oppression and inequality that exists despite laws supporting equal opportunity

This perspective highlights barriers to full participation and victimization of marginalized groups.

Question 3

What are three shared assumptions about justice?

Answer 3

• Justice and injustice are easily identifiable
• CJS - punishment fits the crime
• Equal opportunity requires positive law and removal of barriers

Question 4

Why does justice matter?

Answer 4

Justice is an ideal and value that is a work in progress

It is a continual process, not a linear progression from injustice to justice.

Question 5

What is liberalism?

Answer 5

A range of political, legal, and social theories associated with individual freedom, market capitalism, and democracy

Emerged in 17th century Europe, post-feudalism.

Question 6

What is the social contract theory?

Answer 6

Citizens give up some rights and liberties to the government in exchange for regulation and protection

Question 7

What do liberals agree on regarding the law?

Answer 7

The need for law to preserve individual liberty from encroachments by others

Question 8

Fill in the blank: Negative liberty is defined as freedom as _______.

Answer 8

absence of external constraint

Question 9

What is the harm principle in liberalism?

Answer 9

Individual freedom can only be limited where one’s actions cause harm to others

Question 10

What does substantive equality refer to?

Answer 10

Equality of outcome or result

Question 11

What is the Aristotelian idea of equality?

Answer 11

To treat like cases alike and different cases differently

Question 12

What is egalitarianism?

Answer 12

A belief that everyone is formally equal and should be treated the same by social institutions

Question 13

What does Robert Nozick advocate regarding equality?

Answer 13

Formal equality where all citizens are equally eligible for positions according to abilities

Question 14

What is John Rawls’ difference principle?

Answer 14

Differential treatment is justified when it benefits the worst off

Question 15

What is meritocracy?

Answer 15

Success and failure are based on individual achievement rather than inherited status

Question 16

True or False: The idea of welfare is viewed as exceptional in a meritocratic society.

Answer 16

True

Question 17

What challenges the narrative of individual responsibility during the Covid pandemic?

Answer 17

The reliance on others for essential services during lockdown

Question 18

What stereotype is associated with the undeserving poor in a meritocratic society?

Answer 18

Failure, poverty, and unemployment are often viewed as personal faults

Question 19

What does T H Marshall argue regarding welfare?

Answer 19

Advocates for the universality of benefits as a matter of social citizenship

Question 20

What are some examples of barriers that challenge the notion of equal opportunity?

Answer 20

• Historical racism
• Unpaid care work
• Economic constraints

Question 21

What is the fluid nature of race as a concept?

Answer 21

Race is socially and historically contingent, with minimal genetic differences

Question 22

What is the criticism of the idea of two sexes in gender studies?

Answer 22

It is criticized as essential and based on social ideas rather than biology

Question 23

What is a current issue related to criminalization of gender identity?

Answer 23

Offences created to prohibit use of gender-based facilities

Question 24

What has been deemed overwhelmingly important in society, acting as a barrier to advancement in many fields?

Answer 24

The ability to bear children

This highlights the prioritization of reproductive capabilities over other fields of advancement.

Question 25

What is a common basis for the criminalization of sexuality in many countries?

Answer 25

Laws inherited from British colonial regimes or on religious grounds ## Footnote This reflects historical and cultural influences on current legal frameworks.

Question 26

How are female same-sex relations treated differently from male same-sex relations in many countries?

Answer 26

Female same-sex relations have not often been officially criminalized, but sexual assault to 'cure' a woman of being lesbian is common ## Footnote This indicates a gendered approach to criminalization and societal attitudes towards sexuality.

Question 27

What recent issue has emerged regarding the criminalization of gender identity?

Answer 27

Offences have been created to prohibit use of gender-based facilities that differ from one's gender designation at birth ## Footnote This reflects ongoing debates and legal challenges around gender identity and rights.

Question 28

What do some societies recognize that allows individuals to move between genders?

Answer 28

More than one gender ## Footnote This suggests a more fluid understanding of gender in certain cultural contexts.

Question 29

What is the basis for medical intervention in intersex children without their consent?

Answer 29

The idea that it is best for a person to be either male or female ## Footnote This raises ethical concerns about autonomy and consent in medical practices.

Question 30

What dimensions of inequality have been examined in the context of intersectionality?

Answer 30

Class, race, and gender ## Footnote Intersectionality highlights how these dimensions interact and compound social disadvantages.

Question 31

What is a consequence of experiencing multiple dimensions of inequality?

Answer 31

Individuals are often multiply disadvantaged ## Footnote This emphasizes the cumulative nature of social inequality.

Question 32

What is often used to justify inequalities in the context of criminal justice?

Answer 32

Apparent differences ## Footnote This points to how perceptions can shape legal and social outcomes.

Question 33

Who dominates the prison population in terms of social demographics?

Answer 33

Racial minorities and the economically disadvantaged ## Footnote This statistic raises concerns about systemic biases in the criminal justice system.

Question 34

What media narrative was prominent during the last Victorian State election regarding racialized criminality?

Answer 34

The 'African gangs' trope ## Footnote This reflects how media can shape public perception and influence political discourse.

Question 35

How does the crime rate of women compare to that of men?

Answer 35

Women commit crime, particularly violent crime, less than men ## Footnote This statistic challenges stereotypes about gender and criminality.

Question 36

What societal reaction is often observed when women commit violent crimes?

Answer 36

Greater social revulsion ## Footnote This indicates a gendered double standard in societal perceptions of crime.

Question 37

What should change in thinking about criminal justice according to the document?

Answer 37

Reconsidering egalitarianism’s individualist explanation for failure ## Footnote This suggests a need for a more systemic approach to understanding criminality and justice.