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37 Appendix C Social Justice Background John O. Calmore, UNC School of Law February 16, 2005 SOCIAL JUSTICE AS A REFLECTION OF OUR COMMUNITY CHARACTER: THE CHALLENGES AND OPPORTUNITIES OF THE ORANGE COUNTY BOARD OF COMMISSIONERS In the autumn of 2003, a Durham newspaper reported that Democratic Party presidential candidates John Edwards and Howard Dean each had promised that, if elected, he would hold a summit on social justice within 90 days of taking office. ~ The two men said they would invite groups to discuss how grassroots organizing can play an expanded role in solving society's problems; according to Edwards, "We have to make real, bold, dramatic moves that we can really achieve." Social justice is usually directed by NGOs, from Oxfam America to the Green Party, from academic and training institutions to local grassroots groups. It is not an explicit goal of local governments. Orange County is thus poised to make the real, bold, dramatic, and achievable moves mentioned by Edwards. Of course, here is the challenge and the opportunity. Is it within the capacity and heart of the Board to advance a social justice agenda in terms of real, bold, dramatic, and, most importantly, achievable goals? If the Board shies away from this format, will it underachieve, perhaps doing no more than paying lip service to social justice? Few local governments take this on because it is very hard to do. Against this backdrop, I have been asked to address three questions: 1) what is social justice in a legal, social, and historic framework? 2) How is social justice manifested? 3) How could it be manifested? As questions 2 and 3 suggest, I am exploring both aprogram/policy of social justice and the aspirations embodied by social justice. I. What is Social Justice? Judith Shklaz has suggested that only by understanding the face of injustice can one understand justice. A socia] justice goal cannot be developed at the home office and then imposed top-down on the people. We should keep this in mind as we proceed. Because there are many views of social justice, it is important for the Board to define the concept for itself, to tailor it in a way that fits with its character and mission. Social justice is a concept largely based on various social contract theories. Most variations on the concept hold that as governments are instituted among populations for the benefit of members of those populations, those governments which fail to see to the welfare of their citizens are failing to uphold their part in the social contract and are, therefore, unjust. The concept usually includes, but is not limited to, upholding human rights; many variants also contain some statements concerning more equitable distributions of wealth, power, and resources. The concept of a social contract presents a good framework for striking a bargain with the community. Those concerned with social justice may believe that historical inequities that cause injustice should be corrected until the actual inequities no longer exist. A second belief held by some social justice proponents is that wealth, power and status should be redistributed for the individual, community and societal good. Such advocates may further hold that it is government's (or those who hold significant power) responsibility to ensure a basic quality of life for all citizens. While it is beyond my scope here to address the critique of social justice, the Board should become aware of such criticism, the most prominent stemming from Friedrich Hayek.Z The Social Justice Training Institute defines social justice as both a process and a goal: "The goal of social justice education is full and equal participation of groups in society that is mutually shaped to meet their needs. Social justice includes a vision of society that is equitable and all members are physically and psychologically safe and secure."3 It is important to recognize that the vision of social justice be developed synergistically asboth aprocess and goal. Goals are not self-regulating or self-implementing; attention to process is important to address legitimacy and to measure efficiencies and effectiveness. ORANGE COCINTYSOCIAL JI'STICE GOAL