Module 1: Foundations of Justice

1. Justice or Control?

We are told that law exists to protect justice.

But others argue:

Law exists to protect power — and those who already have it.

In this lesson, we ask the uncomfortable question:

Is “justice” just a tool of the powerful to keep the rest in line?

2. Who Makes the Law?

Historically, lawmakers have rarely included:

• The poor

• The colonized

• Women

• Indigenous peoples

• The enslaved

Instead, laws were often created by kings, landowners, colonizers, and industrial elites.

Even in modern democracies, campaign money, lobbying, and elite networks heavily shape legislation.

“The law, in its majestic equality, forbids rich and poor alike to sleep under bridges.”

— Anatole France

3. Law as a Tool of Power

Laws can be used to:

• Punish: Crackdowns on protests, harsh sentences for petty crimes

• Protect: Property rights often take precedence over human needs

• Silence: Dissent, whistleblowing, and radical speech are frequently banned

• Legitimize inequality: Tax codes, zoning laws, and school district lines often benefit the wealthy

“Order” is often the name given to the version of peace that protects the powerful.

4. Theoretical Lenses

Here’s how different schools of thought view law and power:

• Marxist Theory: Law maintains capitalist control on behalf of the ruling class

• Critical Legal Studies: Law pretends to be neutral but reflects elite interests

• Anarchist Theory: Legal systems are hierarchical and suspect unless justified

• Social Contract Theory (Hobbes, Locke): Power is necessary for peace — but must be accountable

• Postcolonial Theory: Western laws often impose foreign values and erase native systems

5. Real-World Examples

• Police budgets continue to rise, while schools and housing programs remain underfunded

• White-collar crimes are lightly punished, while shoplifting can result in jail time

• Powerful war criminals avoid prosecution, while minor offenders face harsh penalties

• Whistleblowers like Edward Snowden and Chelsea Manning are prosecuted for revealing abuse

• Civil rights protesters are often surveilled or labeled as threats

“When the law serves the powerful, disobedience becomes duty.”

6. Who Benefits from “Law and Order”?

Sometimes, justice and order align.

But other times, “order” means:

• Keeping the poor in place

• Suppressing dissent

• Silencing alternatives

• Pretending fairness while enforcing control

We must always ask:

Who wrote this law?

Who benefits from it?

Who is harmed by it?

Discussion Questions

1. Is the law truly neutral — or always political?

2. Can justice exist in a society with extreme power imbalances?

3. Who has the right to break the law — and when?

4. Does “order” always mean justice? Can chaos ever be just?

 Assignment (Optional)

Choose any law or legal system — local, national, or international. Then:

• Research: Who created it?

• Analyze: Who benefits most from it? Who is most harmed?

• Reflect: Would justice improve if this law were changed or abolished? Why or why not?

Next Lesson Preview:

Lesson 9 – Justice and Resistance: Civil Disobedience, Revolution, and the Fight for a Better Law