Module 1: Foundations of Justice

1. Is Equality the Same as Justice?

The law often claims to be “neutral.”

It promises equality before the law — but:

If we are all treated the same in an unequal world,

justice may never arrive.

This lesson explores how identity — race, gender, class, and more — intersects with justice.

Because true justice does not ignore difference — it understands it.

2. Equal Treatment vs. Equitable Outcomes

Formal Equality means treating everyone the same. But this often ignores systemic barriers.

Substantive Equality means actively removing disadvantages and empowering the disadvantaged.

However, this may appear to some as giving “unfair advantage.”

Giving everyone a shoe is equality.

Giving everyone a shoe that fits is justice.

3. Historical Inequality Built into Law

Race:

• Slavery was legal

• Segregation upheld in Plessy v. Ferguson

• Mass incarceration disproportionately targets Black and Brown communities

• Voting restrictions still disproportionately affect minorities

Gender:

• Women were denied the right to vote until 1920 (in the U.S.)

• Unequal pay remains widespread

• Legal systems often ignore gender-based violence or restrict women’s autonomy

Class:

• Wealth determines access to quality legal defense

• Fines and fees punish the poor more harshly

• Bail systems often criminalize poverty

“A system can be fair on paper, and unfair in practice.”

4. Key Theories

• Rawlsian Theory: Justice must benefit the least advantaged — identity matters if disadvantage is tied to it.

• Critical Race Theory (CRT): Law is not neutral; it reflects and maintains racial power structures.

• Feminist Legal Theory: Law has historically been written through a male perspective and must be reinterpreted through women’s experiences.

• Intersectionality (Kimberlé Crenshaw): True justice must consider overlapping identities — for example, being both Black and female.

5. Real-World Examples

• Stop-and-frisk policies disproportionately target Black and Latino individuals

• Transgender rights are often denied or unrecognized in legal systems

• Affirmative action aims to correct past injustices — praised by some, viewed as reverse discrimination by others

• The #MeToo movement exposed how often the justice system fails survivors of sexual abuse

“Justice is not blind — it has been trained to look away.”

6. Ongoing Debates

• Should laws be colorblind — or color-conscious to correct injustice?

• Does recognizing gender or racial identity protect justice or threaten neutrality?

• Can the justice system ever rise above the biases of the society that created it?

Case Study: Brown v. Board of Education (1954)

• Overturned Plessy v. Ferguson

• Declared racial segregation in schools unconstitutional

• Landmark victory for the civil rights movement

However, decades later, many schools remain segregated due to housing patterns and economic inequality.

Law can change faster than society — or slower. But change is possible.

Discussion Questions

1. Is true equality possible without acknowledging identity?

2. How should justice systems respond to historical oppression?

3. Should justice be the same for everyone — or context-based?

4. Are today’s laws fair to all identities? Who decides?

Assignment (Optional)

Choose one of the following: race, gender, class, disability, or sexuality. Then:

• Identify a specific example of injustice tied to that identity

• Explain what legal or societal structures contribute to the issue

• Propose a solution using at least one theory of justice

• Reflect: Is the root of the problem in the law, in society — or both?

Next Lesson Preview:

Lesson 8 – Justice and Power: Who Controls the Law? Who Benefits from Order?