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The importance of evidence in a system of justice
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Claim-making is the process of making several different types of claim on circumstances of a situation, in which there is environmental inequality and ultimately deciding if it is fair or unfair. Different elements are often combined in the claim-making process which play a role in finding the effective combined elements. Anyone can make a claim-making and there is no need of having a high level of education. Each claim should have backed-up supported research. With a claim-making framework, repetition, testability, and logical open discourse is accessible. Having a civil rights perspective and utilizing sociological principles are needed for a good claim, and a good one can be quite defensible. A critical eye is essential in the process of claim-making. There are three elements of making claims. The elements are justice, evidence, and process. The elements and their relationship to each other are complex. Furthermore, there are three types of justice …show more content…
The sequence of the process does not have to be linear either. Lastly, it is important to not misinterpret the characteristics between evidential description and normative reasoning in this framework. These are just some fundamental qualification prior to the complexities of the framework. Justice claim-making argue how things ought to be. The first type of justice claim-making is distributive and there are three dimensions of distributive which are, vulnerability, need, and responsibility. The concepts of distributive justice are significant to environmental justice claim-making. The second type is procedural justice, where procedures and decisions are being made whenever there is an act of participation in decision-making for a fair process. The last type is justice as recognition, it is often social categorizations as to who is respected and valued or recognized and who is
One of the issues in the case EEOC v. Target Corp. is that the EEOC alleged that Target violated the Title VII of the Civil Rights Act of 1964 by engaging in race discrimination against African-American applicants who were interested in management positions. It is argued that Target did not give the opportunity to schedule an interview to plaintiffs, Kalisha White, Ralpheal Edgeston and Cherise Brown-Easley, because of racial discrimination. On the other hand, it argues that Target is in violation of the Act because the company failed to retain and present records that would determine if there was reason to believe that an unlawful practice had been committed.
In conclusion, finding out the truth, the facts, and the goal of justice should be the main purpose of any civil case. Sadly, the judicial process gets in the way. The legal system becomes unjust and in some cases, justice is never served. Seeing the story unfold and reading about the struggle between wealth and power and justice is exciting, yet saddening. The book matters and should be read by all, from people who are studying the legal system to people who are not. It is an emotional and engaging book. It can’t be forgotten. One man can make the biggest difference and finding the truth is much more fulfilling than any riches.
Apply their understanding of social, economic, and environmental justice to advocate for human rights at the individual and system level: making sure that I familiarize myself with current political events and how these events can affect our clients. Making sure we identify forms of oppression of our clients and discuss this with my supervisor, and identify common barriers to care.
What began as a movement in the mid-1970s, is a theory that deals with the interconnectedness of racism and the legal system. Critical Race Theory is a concept created in law schools in the United States during a time when “heady advances of the civil rights era of the 1960s had stalled and, in many respects, were being rolled back” (Delgado et al. 4). The theory now encompasses its ideals into three main “features:”
Ulrich, G. (1999). Widening the circle: Adapting traditional Indian dispute resolution methods to implement alternative dispute resolution and restorative justice in modern communities. Hamline Journal of Public Law and Policy. 20, (2), 419-452.
According to Gordon Walker there are three concepts of justice: Distributive, which conceives justice in terms of the distribution or sharing out of goods (resources) and bads (harm and risk), Procedural, which conceives justice in terms of the way in which decisions are made, who is involved and has influence, and finally justice as recognition, which conceives justice in terms of who is given respect and who is and isn’t valued (Walker, 10-11). In this particular case study I believe that all aspects of justice need to be discussed in order to fully obtain overall environmental justice for the Standing Rock Sioux tribe. For there is not one aspect of justice that is actively being represented in this case study. The three concepts of justice for the Standing Rock Sioux Tribe will be approached through
Brown, D. (2012). An invitation to profile: Arizona v. united states. International Journal of Discrimination and the Law, 12(2), 117-127.
In today’s world, the American still has barriers to overcome in the matter of racial equality. Whether it is being passed over for a promotion at the job or being underpaid, some people have to deal with unfair practice that would prevent someone of color or the opposite sex from having equal opportunity at the job. In 2004, Dukes vs. Wal-Mart Stores Incorporation was a civil rights class-action suite that ruled in favor of the women who worked and did not received promotions, pay and certain job assignments. This proves that some corporations ignore the 1964 Civil Rights Act, which protects workers from discrimination based on sex, race, religion or national origin.
"The Leadership Conference on Civil and Human Rights." The Leadership Conference on Civil and Human Rights. N.p., n.d. Web. 01 Mar. 2014.
Works Cited The "Civil Rights" Cornell University Law School, Inc. 2010. Web. The Web. The Web. 1 Apr. 2011.
Throughout the paper, Hare reiterates the example of how sometimes people can claim that they face injustice by spouting out actions or events that they believe is an unjust to them, without providing any substantial evidence or reasons as to why these actions causes them injustice. He explains how this example construes as a bad argument with weak conclusions, providing unsubstantial ideas to society. Before Hare even goes into the rebuttal of the claim...
At the beginning of the semester, I thought that environmental justice was justice for the environment, which is true to a point, but I now know that it is justice for the people. Only when there is a people that have been wronged, usually using the environment as the the method of delivery, does it become an environmental justice case. Environmental justice ensures that all people, regardless of income level or race, have a say in the development and enforcement of environmental laws. It acts on the philosophy that anyone living on and in the land should have a say on how it is treated and used. Sometimes when developing legislature, the populations in mind are not all affected equally, and if said population
There are four different types of Justice Systems, Distributive and Retributive are the two systems that are very different yet alike. Both of these systems serve different purposes whether they have a positive or negative effect. Distributive is all about equality hoping to balance everything without causing problems. Retributive is about punishing those who have disobeyed in exchange for a positive outcome. Equality and punishment are main principles in the system but how diverse they are and the results they provide are what is intriguing.
The Lummis’ direct authority and tie to the federal government allows them to assert their sovereignty and establish a leadership position amongst non-tribal communities, like with Bellingham commercial fishermen and environmental nonprofits (Grossman 2014). Other transboundary, inter-tribal governance organizations have allowed indigenous groups to reinforce self-governance and self-determination, and resist development that would violate their treaty rights (Campling et al. 2012, Norman 2012). An environmental justice framework, which combines social justice with environmentalism, could reveal the practices that allow for unequal protection and give others a voice. This framework would help expose how this conflict constitutes a case of environmental
Justice can be defined as, valuing the diversity and challenging the injustice in society while human rights refer to, benefits an individual enjoys by virtual of being a human being. Justice is said to exist when all citizens share a general humanity and, therefore, experience equitable treatment, fair community resource sharing and human right support. According to justice citizens are not supposed to be discriminated, nor their well being or welfare prejudiced or constrained on the lines of gender, religion, age, belief, race, political affiliation and even sexuality.