Legal Mobilisation and Justice: Insights from the Constitutional Court Case on International Standard Schools in Indonesia

Analysis of the role of courts in shaping access to justice in Indonesia has emphasised the role of judges and the incentives created for them by courts' institutional design. Alternatively, it has focused on individual justice-seekers and their capacities to choose between alternative pathways through the legal repertoire. In this paper, we suggest that ‘support structures for legal mobilisation’ (SSLMs) have also played an important role in shaping access to justice by influencing both the potential for legal mobilisation and the type of justice sought. In making this argument, we focus on a recent Constitutional Court case on ‘international standard schools’. In this case, a group of parents were able to mobilise for legal action only because NGOs provided the required technical expertise and financial resources while the central involvement of an anti-corruption NGO in the SSLM shifted the focus from parents' concerns about discrimination to corruption.     

Perceptions of Justice in the Making: Rescaling of Customary Law in Post-Suharto Maluku,Indonesia

This article questions how successful neo-traditional law has been in providing access to justice to Kei Islanders of Maluku, Eastern Indonesia during recent political transitions. It describes the prevailing model of justice in which traditional law draws some of its authority from the state but provides its own normative framework for addressing community disputes. After the fall of Suharto's New Order regime, people began to apply neo-traditional law to ethnic and resource conflicts, arguing that it took precedence over state law in these emerging domains. Although the neo-traditionalist revival affirmed the autonomy of traditional legal institutions, actual legal procedures and outcomes depended on the response of state authorities and national publics to newly activated traditional normative frameworks. The politics of legality in post-Suharto Indonesia have produced increasingly state-oriented models of justice, but legal outcomes still determine the choice between different normative frameworks.     

Resistance,Ritual Purification and Mediation: Tracing a Dayak Community's Sixteen-Year Search for Justice in East Kalimantan

In recent discussions on access to justice in Indonesia, little work has been done that illuminates the processes of conflict which inevitably arise in attempts to obtain justice based on informal actions and results, rather than on recourse to institutions. While many scholars and donor agencies tend to create the impression that non-institutional processes of justice-seeking are entirely unpredictable or ungoverned by regularities, in this article I seek to fill this gap by exploring patterns of conflict in East Kalimantan that are associated with Amartya Sen's realisation approach to justice-seeking. I will look into a conflict between a group of Dayak villagers and an oil palm company in East Kalimantan which started sixteen years ago with the establishment of three oil palm estates on customary land, causing complex changes to local people's lives as well as several injustices. The villagers pursued a variety of strategies to gain redress, which I describe as active resistance, ritual purification and mediation. In the analysis I draw upon Turner's concept of social dramas. I show that considering the long-lasting conflict in East Kalimantan as social drama helps to refine socio-legal approaches to conflict and access to justice as processual. The article will contribute to models of justice-seeking that can be associated with Amartya Sen's model of justice as realisational.     

The global three: A Malaysian lens on the challenges and opportunities facing restorative justice planning and implementation

From the rise of restorative justice to evidence-based approaches to reducing recidivism, the intellectual landscape of criminal justice has seen considerable change in recent decades. The result is that an increasing number of countries have tackled the task of shifting preexisting political institutions to confirm with these new understandings. This is, of course, no easy feat. A great number of challenges confront willing policymakers, a reality that often puts philosophy at loggerheads with practicality. Moreover, the political process of change is subject to the influence of cultural and institutional norms. In this paper, we look at one particular case study – that of Malaysia’s juvenile justice system – to understand the challenges faced in changing criminal justice policy. We identify three primary categories of challenges and elucidate their shape and impact through the Malaysian example. We also briefly analyze potential opportunities to mitigate and overcome these challenges. Furthermore, we also conclude with several implications for future research that we deem are important to be taken place. In sum, we argue that criminal justice reform must be undertaken with an eye toward important societal and institutional norms, each requiring thoughtful analysis of complex local cases.     

"We All Have Identity at the Table": Negotiating Difference in a Southern African American Environmental Justice Network

This article focuses on conflicts and resolutions among members of a south-wide environmental justice network as they negotiated their collective goals, identities, and strategies. I find that the process of building and advancing this network raised a host of questions about what it means to be a Black activist in the post-civil rights-era, as well as how to resolve multiple and divergent ideas about contemporary African American identity and the implications of claiming race as a primary basis of identification in social movement organizing. As activists' debates grew heated, they tended to frame their disagreements in class terms; however, I argue that class discourses were flexible and contingent, and reflected important organizing values. In part, due to the flexibility of these categories, I find that, ultimately, activists were able to reframe their differences as a larger problem of racism and move forward as a collectivity.     

Life after Growing Up in Care: Informing Policy and Practice through Research

Abstract

Existing research on the impact of growing up in care focuses upon either the care experience itself or the period of transition from care to independence. Our knowledge of outcomes largely ceases when former residents of the care system reach their early twenties. There are strong social justice reasons for extending research into the older adult lives of such young people. We know a great deal about the multiple disadvantages that such individuals face as children. But research is largely silent about their subsequent adult lives. While we must be cautious in drawing causal links to the childhood care experience as the time period since life in care extends, we know that early experiences can affect care-leavers across their life course—just as childhood experience affects all adults in a variety of ways. In this review, we highlight evidence drawn from research in Australia, the United Kingdom, Canada, Ireland, and the United States, with particular attention paid to the first two of those countries. We use a wide range of sources and identify areas for further consideration, including access to personal records, mental health, education, and parenting. By doing so, we seek to open up this area for further research with the hope that such research will lead to an increasing recognition of care-leavers' needs and thus to improvements in social policy and service provision.     

The Right to Aid: Perceptions and Practices of Justice in a Flood-Hazard Context in Jakarta,Indonesia

Regular floods impact negatively on the health and wellbeing of slum dwellers in Jakarta and it is understandable that the victims seek access to justice. Fieldwork in one of Jakarta's most flood-prone neighbourhoods, Bantaran Kali, reveals that riverbank settlers there access what they perceive to be justice by engaging in a number of different social networks that are neither formal nor informal—they feature in between civil society and the state. In this article I explore the network ties that are used by individual slum dwellers to access justice. I will show that in the context of extreme flood risk and related uncertainty, this form of social capital makes a significant difference to the community and to households, and with respect to individuals' resilience. By exploring this particular avenue of access to justice, I show that a sense of justice is achieved not through the formal agencies of government but by means of social networks in a space that fits uneasily in the dichotomy of state and non-state.     

Social Work and Social Justice: What Are We Fighting For?

Abstract

A cardinal value of social work practice is social justice. Social justice ranks as the second of five values that underpin the Code of Ethics of the Australian Association of Social Workers (AASW. However, although social work's commitment to promoting social justice is laudable and, indeed, may even be a distinguishing feature of the profession, precisely what kind of social justice does social work espouse? The answer to this question remains unclear. Views about the nature and scope of social justice stem from broader conceptions of justice that not only differ from, but may also conflict with, each other. Therefore, it is important not only for social work to be clear about the type of social justice that it currently advocates, but also to ensure that it is one that the profession seeks to defend and maximise. It is argued that the choice must be as egalitarian as possible. Indeed, it must be radically so. Otherwise, what is social work fighting for?     

Gender and Organizational Justice Preferences

Despite evidence that women and men possess similar workplace values, debate continues regarding gendered preferences for justice in the workplace. In particular, some have argued that women and men have fundamentally different justice orientations, which lead men to value fair outcomes and women to value fair procedures. Recent research finds that such beliefs may influence managers to reward men with greater monetary rewards than those provided to women. Here, we review this literature and argue that men and women do not have fundamentally different justice orientations. Instead, the few findings of gender difference in preferences for procedural vs. distributive justice in the workplace are a function of status differences between men and women.     

Young People Transitioning from Out-of-home Care in Victoria: Strengthening Support Services for Dual Clients of Child Protection and Youth Justice

Abstract

A significant proportion of young people leaving out-of-home care make their transition to independence via the youth justice system, exposing them to further risks and reducing their likelihood of full social and economic engagement in mainstream society. This article presents the initial findings of a research project based on a partnership between Monash University and seven nongovernment child and youth welfare agencies in Victoria, Australia. Seventy-seven key stakeholders participated in interviews and focus groups with a view to identifying practices and policies that could reduce the over-representation of young people leaving out-of-home care in the youth justice system. Factors that contributed to offending included varied responses by the child protection and youth justice systems, limited utility of leaving care plans, and the availability of a range of preventative and diversionary programs. The findings point to a need for more formalised interagency collaboration, and intensification of the interventions and supports offered both in custodial settings and post discharge from custody or care.     

Institutional foundations for a just society

The author distinguishes between fundamental justice and incremental justice and argues that the Harsanyian/Rawlsian, ex ante, concept of justice is the only concept of justice relevant to the design and evaluation of institutions. Unlike incremental justice for which a concensus as to what constitutes justice is generally not possible the conditions that satisfy the Harsanyian/Rawlsian concept of justice are derived from the assumptions of rationality and aversion to large risks, and the postulate of fairness. A concensus occurs not fortuitously but inevitably. The paper develops eight principles of institutional design that contribute towards a just society and that follow logically from these assumptions and postulates. The paper argues that these principles are by and large needed for social welfare maximization, so that justice is generally consistent with efficiency. The paper applies the theory to the concept of exploitation, crime and punishment, as well as labour market and social security, to illustrate the working of the principles developed.     

Between Land Grabbing and Farmers' Benefits: Land Transfers in West Kalimantan,Indonesia

Rapid growth of oil palm cultivation in West Kalimantan, Indonesia has increased both the pace and size of land transfers from farmers to big companies and city-based investors. This process has been widely conceptualised as ‘top-down land grabbing’ but this perspective largely neglects the agency of the farmers. This paper seeks to shed light on the agency of farmers with respect to how they respond to land transfer schemes. Through a study of land transfers under nucleus estate schemes (NES), schemes that were introduced by the Indonesian government in which smallholding farms are integrated parts of a modern, large size plantation company, we will show that agrarian dynamics are shaped by notions of what is ‘fair’ and ‘just’.     

Climate Justice and Cultural Sustainability: The Case of Etëtung (Vanuatu Women’s Water Music)

This article investigates connections between climate justice and cultural sustainability through the case of Etëtung, or ‘Vanuatu Women’s Water Music’, as it is found in the ni-Vanuatu community of Leweton. Drawing on existing literature, interviews and field visit observations, I consider how and why Etëtung is proving increasingly important in local efforts toward cultural sustainability and climate justice (social justice as it relates to climate change). Specifically, I focus on three ways in which community members are employing the practice of Etëtung to progress both climate justice and cultural sustainability concerns: first, through the use of Etëtung to maintain and transmit cultural and environmental knowledge; second, through featuring Etëtung in cultural tourism; and third, through drawing on Etëtung to enable greater participation in the regional and international climate change discourse. As such, this article presents and reflects on one multifaceted approach to advancing dual cultural sustainability and climate justice interests, with potential relevance to other contexts in the Pacific and beyond.     

Queering reproductive justice: Framing reproduction of gay men from a transnational perspective—Taiwan as a case

This article uses Taiwan as an example to argue that reproductive justice for gay men should be conceptualised within social, legal, and political contexts. Taiwan is the first Asian country to legalise same-sex marriage, yet the law favours heterosexual couples and denies LGBTQ+ reproductive rights. Thus, Taiwanese gay men seek third-party reproduction overseas to become parents. This article exemplifies gay men's unequal conditions from a non-Western perspective. I re-examine scholarly literature on the interlocking concepts of reproductive justice, stratified reproduction, and queer reproduction to answer what reproductive justice gay men need and how their injustice position situates within and beyond the nation-state borders. Drawing on the reproductive justice framework and studies of queer reproduction, this article proposes a transnational perspective to understand queer reproductive justice through the case that elucidates the specific context of Taiwanese gay men. This article aims to make two contributions. Firstly, it reconsiders the reproductive framework from a transnational perspective to argue that gay men's reproductive justice should be conceptualised at the intersection with other dimensions of injustice. Secondly, this article suggests that the transnational approach could be applied as a critical lens for future research in queer reproduction and reproductive justice.     

The priority of justice: a framework approach to ethics in program evaluation

The situations of evaluation are inevitably complex and various, often involving conflicts between ethical principles as well as among aims or stakeholders. To meet this challenge, evaluators and stakeholders need an interpretive framework to clarify the issues at hand and open the way to workable solutions. This paper provides a three-part framework of justice to guide practitioners in this interpretive task.First, evaluation is instituted to serve the public with fidelity to the values, standards, and ideals that characterize it as a profession and as an office deserving the public trust, here called public justice. Second, these requirements evoke and entail the more general demands of fair process, mutual respect, and right action known as procedural justice. Third, the operations of office and just process must serve the public good, meeting the demands of distributive justice that govern the allocation of goods and benefits.This framework takes as a starting point the priority of justice as articulated by John Rawls: “Justice is the first virtue of social institutions, as truth is to thought. A theory however elegant and economical must be rejected or revised if it is untrue; likewise laws and institutions no matter how efficient and well-arranged must be reformed or abolished if they are unjust” (1971, p. 3).     

Becoming an Ally: Breaking the Cycle of Oppression (2nd edn)

Abstract

In the present context of “get tough on crime” and “back to criminal justice” campaigns that continue to dominate political agendas throughout Australia, critics point to the inadequacy of “welfarist” or reformist criminological and sociological theories that have informed interventions in the past and reinforce the need for “retributive justice” models of penal policy. The present paper examines historical evidence on the role of the human sciences in juvenile justice administration during the 1940s, a formative time when psychiatric, psychological, and social work expertise came together in the form of the Children's Court Clinic in Victoria. It suggests that contemporary critiques about the failure of the welfare model of juvenile justice inadequately capture the historical functioning of expertise in justice administration and the real extent to which the welfare model as “actual rehabilitative intervention” was ever implemented.     

Lesbian and Bisexual Girls in the Juvenile Justice System

This article examines the experiences of lesbian and bisexual girls in the juvenile justice system. Its purpose is to document how the juvenile justice system serves this population. The researcher interviewed six lesbian or bisexual youth and six staff participants who work with them and found that the system is lacking in its awareness and treatment of this population. Some problems include homophobia and heterosexism in policy, staff attitudes, and by other girls, disparate treatment of lesbian and bisexual girls motivated by stereotypes and misinformation, and little understanding of the role that sexual orientation may play in a girl's life. Implications for future practice and policy are offered.     

Social Justice as Concept and Practice in Australian Social Work: An Analysis of Norma Parker Addresses, 1969–2008

Abstract

Social justice is central to Australian social work. Principles of social justice underpin the definition of social work as a profession, its code of ethics, and its standards of practice and education. However, there is a dearth of empirical research regarding what social justice has meant to social work over time and how it has been enacted in practice, topical as social inequalities continue to escalate. As a first-stage study, this paper examines how social justice was represented within 19 Norma Parker Addresses delivered by Presidents of the Australian Association of Social Workers at national conferences between 1969 and 2008. Two key themes were evident: social justice as a concept and social justice as social work practice. Social justice was represented conceptually throughout the Addresses as an enduring guiding principle and moral responsibility for social work. How social justice was enacted in practice included themes of: standpoint; practices and strategies; educating social workers; and contested and constrained practice. The meanings and practices of social justice were embedded within the changing contexts within which the Addresses were delivered. Further historical studies can inform social work knowledge, practice, and critical reflection as the profession continues to evolve and confront persistent social justice challenges.     

Zine-Making as a Pedagogical Tool for Transformative Learning in Social Work Education

As a collaborative endeavor between teacher and student, we reflect on the process of creating and sharing social justice oriented zines in our classroom. Zines can be used as a pedagogical tool for awareness, education, empowerment and transformation. Created in the form of self-published work of original and/or appropriated texts and images, zines are usually presented in small booklet format in a variety of ways, from computer-printed text to comics to handwritten text. When shared, they represent a subversive form of media to deconstruct stereotypes and hegemonic representations perpetuated by mainstream media. Through our classroom project, we found that zines provided an opportunity for creative expression, connection and collaboration. As an experiential technique, they can serve to raise student self-awareness and allow for a broader understanding of power hierarchies. As a direct action tool they can be useful for promoting active class participation in the movement for social justice. We advocate for integrating arts-based projects in social work education in order to promote more embodied ways of learning and to facilitate personal and societal transformation.     

Social Work Education's Role in Addressing People and a Planet at Risk

As the nature of the earth's ecological crisis becomes increasingly dire and impossible to ignore and as global concern continues to increase, social work, with its investment in issues of justice and its commitment to a person-in-environment perspective, needs to more aggressively evaluate its place in this crisis. This paper presents a study designed to explore US social work students' attitudes, interests in, and practices related to the environment, as well as their perceptions of the place for environmental issues in the social work curriculum. This study's findings suggest that social work students' attitudes toward the environment are generally consonant with those of the US population, and that there is strong interest in enhancing the amount and scope of exposure to environmental issues in the social work curriculum. A sizable majority of all social work students surveyed view environmental justice as an important aspect of social justice and a viable area of concern for social workers, and they expressed an interest in seeing more content on environmental justice in social work education. Suggestions for integrating this content into the curriculum via inter- and trans-disciplinary, and service-learning approaches are discussed.