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Justice Conflicts


By
Michelle Maiese


July 2003
 

Injustice and Conflict


If a government is unjust, people may see violence as the only way of getting their needs met. And once people come to believe that they suffer from grave injustice, they are unlikely to be willing to compromise, thus making conflicts intractable. Thus, assertions of injustice often lead to intractable conflict.

There are many different types of justice and many different ways that the term might be defined. In some cases people speak of distributive justice, or fairness of outcome in the way various resources are allocated. In other cases, people refer to procedural justice, or the fairness of the procedures used for allocation or other types of decision-making. Issues of retributive or restorative justice, on the other hand, concern the proper way to address instances of injustice. While many agree that justice is linked to the notion of fairness, ideas about what is fair differ among various contexts. In fact, it is difficult to give a complete and adequate definition of justice or what it means to behave justly. Nevertheless, most observers can recognize clear examples of serious distributive or procedural injustice when they arise.[1] Such injustice is the source of serious economic, political, and social problems.

Grave political and economic injustice and abuse of human rights prompt conflict. Indeed, history has shown that poverty often leads to war and armed conflict, and that wars are more likely to be fought in countries that lack fair and effective political and legal institutions. This is in part because perceived injustice is a frequent source of conflict.[2] This injustice is often characterized by the denial of fundamental political rights, such as freedom of speech or religion, or neglect of economic rights, such as access to adequate food and housing.

Political injustices often involve the denial of voting rights or due process, infringements on rights to freedom of speech or religion, and inadequate protection from cruel and unusual punishment.[3] Such injustices often stem from unfair procedures and involve political systems in which some but not others are allowed to have voice and representation in the processes and decisions that affect them.[4] If voting procedures, for example, are perceived as unjust, any outcome they produce is liable to be unstable and produce conflict.[5]

In some cases these unfair conditions are imposed by authoritarian governments and in others by outside aggressors. When political or legal institutions fail to protect individuals' fundamental rights and liberties, members of the unjustly treated group feel disempowered.[6] They are likely to view the institutions that impose such conditions as unjust.

Economic injustice, on the other hand, involves the state's failure to provide individuals with basic necessities of life, especially when the elite of that society live in relative luxury.[7] If many members of a society suffer from poverty or perceive huge disparities in wealth, they are likely to consider their situation unjust.[8] Furthermore, economic injustice is often linked to unmet human needs, which can give rise to protracted or violent conflict.

Individuals may come to view violence as the only way to address the injustice they have suffered and ensure that their fundamental needs are met. This is especially likely if no procedures are in place to correct the situation or bring about retributive or restorative justice.

Justice conflicts often involve unequal power relationships, where the rights and needs of the weaker group are subordinated to those of the dominant group. This sort of injustice is often rooted in ideologies of exclusion that are deeply embedded in people's ways of thinking and difficult to alter. Such power imbalances limit the bargaining power of the group that suffers from injustice, and make it more likely that the group will go to extreme ends to make its voice heard. Groups may wish to challenge their low political or social status, and struggle to gain more power.

If the dominant group's leaders and policies are viewed as legitimate by most of its members, conflict is not likely to arise. This might occur in situations where a national belief system "sanctifies and rationalizes the domination of some groups by others."[9] However, if these leaders or policies are viewed as illegitimate by most of the population, this will detract from their power. The subordinate group is then more likely to rise up and challenge this injustice.[10] In cases of tyranny, the subordinate group typically recognizes the illegitimacy and exploitative nature of the conditions imposed by the dominant group. Society members often feel alienated from their leaders and withdraw their commitment to the political system in question.

If the prevailing conditions come to be viewed as unjust by enough society members, rebellion or revolution may ensue. The oppressed are even more likely to rise up in revolt if they ever perceive weakness on the part of their aggressor.[11] Members of the dominant group, on the other hand, will typically resist these attempts to alter the status quo and shift the balance of power. They may also reject the other side's claims that the current conditions are unjust. Parties thus find themselves in the midst of a justice conflict.

The Intractability of Justice Conflicts

As noted above, conflict is often mobilized around the concept of justice. In many cases, challenging injustice is the first step towards eliminating it. And if diplomatic avenues have been exhausted or are not available, a party's resort to armed force may be the only way to protect its people from human rights violations or other serious injustice. Such conflict may draw international attention to people's grievances, and increase the likelihood that they are freed from injustice.

However, conflicts that center on issues of justice also tend to be intractable. This is in part because reaching an agreement about what qualifies as injustice is often exceedingly difficult. Those who benefit from injustice often perpetuate it, often without being fully aware that they are contributing to injustice. Not surprisingly, victims are typically more sensitive to injustice than victimizers.[12] What seems fair to one person may not seem fair to another, and these perceptions are often affected by self-interest. However, parties often speak of justice in absolute terms, as some independent and objective standard of fairness that should be used to determine who is right.[13]

Not surprisingly, once one group has framed the conflict in terms of justice, it becomes much more difficult to resolve. If one or both groups advance their claim as a matter of justice, moderate positions become less likely. Parties that believe they have suffered injustice may claim a higher moral ground for themselves, hardening their position to the point of inflexibility.[14] People are typically unwilling to compromise on justice issues, or even enter into dialogue with those whose points of view differ from their own.[15] Negotiation and problem solving thus become more difficult, and actual interests are obscured as the conflict becomes framed as a win-lose one.[16] People who believe that their cause is just are unlikely to back down. And for those who believe they have suffered grave injustices, forgiveness and reconciliation become much more difficult psychologically.

In fact, those who feel they have been the victims of injustice or unfair treatment may grow extremely angry and feel justified in seeking revenge. Or, they may blame members of the other group and denigrate them as morally inferior, paving the way for dehumanization and more violence.[17] This may simply lead to further injustice and cause the conflict to esclate out of control. If vengeance becomes the primary goal, attention may be shifted away from addressing the central justice issues that gave rise to conflict in the first place.

To avoid violent conflict, concerted international action is needed to address systemic economic injustice. Nations need to develop institutions of fair governance, such as an accountable police force and judiciary. They also need to help provide health care and education, and encourage an inclusive society. Addressing injustice is central to the resolution of most intractable conflicts.

Further Dangers

Associated with the awareness that one suffers from injustice are feelings of moral outrage, resentment, and a sense of helplessness.[18] These feelings are crucial in motivating people to challenge injustice and attempt to undo it. People often commit themselves to a cause because they believe it can redress the injustices suffered, and this can be very effective. However, the sense of injustice that arises "out of the underlying divisions of power and prosperity in a society" can also be dangerously exploited.[19]

The same feelings of anger and desperation that motivate people to challenge injustice also make them more susceptible to manipulation by corrupt or extremist leaders. Such leaders may utilize concerns about justice to gain support for conflict driven by ulterior motives. Leaders often mobilize people into war by appealing to people's poor economic conditions, their lack of political power or their experience of discrimination. Such issues can escalate conflict and make it more polarized. Indeed, violent conflict can easily develop if large numbers of people become convinced that waging war is the only way to rectify an unjust situation.[20]

In the case of Kosovo, for example, Milosevic mobilized popular support for ethnic conflict around the theme of injustice suffered by innocent Serbs.[21] While the Serbs did suffer real grievances, the true sources of this injustice were distorted and racialized. And rather than trying to address these legitimate concerns, Milosevic and his allies used them to their own advantage, to create images of injustice.[22] They needed to rely on such grievances to "mobilize the population into violent conflict along ethnic lines."[23] Thus, issues of justice often intensify conflict associated with ethnicity, nationality, and religion.


[1] Paul Wehr and others, Justice Without Violence. (Lynne Rienner Publishers, 1994), 9.

[2] Morton Deutsch, "Justice and Conflict," in The Handbook of Conflict.

Resolution: Theory and Practice, M. Deutsch and P. Coleman, eds. (San Francisco: Jossey-Bass Publishers, 2000), 52.

[3] Wehr, Burgess, and Burgess, 37.

[4] Deutsch, 56.

[5] Deutsch, 52.

[6] Wehr, Burgess, and Burgess, 9.

[7] Wehr, Burgess, and Burgess, 258.

[8] Wehr, Burgess, and Burgess, 37.

[9] Wehr, Burgess, and Burgess, 260.

[10] Wehr, Burgess, and Burgess, 38.

[11] Wehr, Burgess, and Burgess, 259.

[12] Deutsch, 45.

[13] William Ury, J. Brett, and S. Goldberg, Getting Disputes Resolved: Designing Systems to Cut the Cost of Conflict. (San Francisco: Jossey-Bass, 1988), 7.

[14] Deutsch, 55.

[15] Mary Ann Glendon. Rights TalkL: The Impoverishment of Political Discourse, reprint edition. (New York: Free Press, 1993), 9.

[16] Deutsch, 52.

[17] Deutsch, 55.

[18] Deutsch, 45.

[19] Dan Smith, "Trends and Causes of Armed Conflict," in Berghof Handbook for Conflict Transformation [handbook on-line]. Berghof Research Center for Constructive Conflict Management, 2002, accessed 31 January 2003; available from http://www.berghof-handbook.net/articles/smith_handbook.pdf; Internet.

[20] Dan Smith, Trends and Causes of Armed Conflict [article on-line]. (Berghof Research Center for Constructive Conflict Management, 2000, accessed 31 January 2003); available from http://www.berghof-handbook.net/articles/smith_handbook.pdf; Internet.

[21] Chip Gagnon, "Ethnic Conflict as Demobilizer: The Case of Serbia," Institute for European Studies Working Paper 96, no. 1 Cornell University (1996), available from http://www.ithaca.edu/gagnon/articles/demob/demob02.htm; Internet.

[22] Gagnon, http://www.ithaca.edu/gagnon/articles/demob/demob02.htm.

[23] Gagnon, http://www.ithaca.edu/gagnon/articles/demob/demob02.htm.


Use the following to cite this article:
Maiese, Michelle. "Justice Conflicts." Beyond Intractability. Eds. Guy Burgess and Heidi Burgess. Conflict Research Consortium, University of Colorado, Boulder. Posted: July 2003 <http://www.beyondintractability.org/essay/justice_conflicts/>.

Sources of Additional, In-depth Information on this Topic

Additional Explanations of the Underlying Concepts:

Online (Web) Sources

"Human Rights Today: A United Nations Priority." , 2000
Available at:
http://www.un.org/rights/HRToday/.

This is an abridged online paper detailing the role of the United Nations in the international human rights arena. Site provides chapters on the Universal Declaration of Human Rights, as well as on human rights actions, conflicts, and monitoring mechanisms. While the full text is not available, there is bibliographic and ordering information provided.

Smith, Dan. "Trends and Causes of Armed Conflicts."
http://www.berghof-handbook.net/articles/smith_handbook.pdf.
This article discusses the causes of armed conflict and distinguishes between background causes and 'foreground factors'. The author goes on to explain how perceived injustice and mobilization are two key concepts for understanding why conflict remains protracted.

Universal Declaration of Human Rights. United Nations.
Available at:
http://www.un.org/Overview/rights.html.
On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights, the full text of which appears in the following pages. Following this historic act, the Assembly called upon all Member countries to publicize the text of the Declaration and "to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction based on the political status of countries or territories."

Offline (Print) Sources

Burgess, Guy and Heidi Burgess. "Justice Without Violence: Theoretical Foundations." In Justice Without Violence. Edited by Paul Wehr, Guy Burgess, ed. Boulder, CO: Lynne Rienner Publishers, 1994.
This chapter reviews the literature on justice and related topics while simultaneously providing definitions of frequently used terms. It provides a theoretical basis for seeking nonviolent solutions to conflict.

Ury, William L., Jeanne M. Brett and Stephen B. Goldberg. Getting Disputes Resolved: Designing Systems to Cut the Cost of Conflict. San Francisco: Jossey-Bass, November 1988.
This book explains how to diagnose and correct problems in an existing dispute resolution system as well as create and implement a new system where one does not exist. The three approaches to resolving disputes are interests, rights, and power. According to the authors, an emphasis on rights tends to make conflict resolution both more difficult and more costly. Click here for more info.

Deutsch, Morton. "Justice and Conflict." In The Handbook of Conflict Resolution: Theory and Practice. Edited by Coleman, Peter T. and Morton Deutsch, eds. San Francisco: Jossey-Bass, 2000.
This chapter discusses people's sense of injustice when they feel they have been wronged, and explores how justice issues can lead to protracted conflict.

Glendon, Mary Ann. Rights Talk: The Impoverishment of Political Discourse. New York: Free Press, 1993.
Glendon argues that modern American political discourse, by emphasizing an ever-expanding catalogue of rights to the exclusion of duties and responsibilities, has lost sight of the importance of civic life. The tendency to frame issues in terms of absolute individual rights impedes understanding and compromise. Current rights talk has contributed to the debasement of American political and legal discourse, and corresponding responsibility talk is needed to fill this gap.

"The Justice Motive: Some Hypotheses as to Its Origins and Forms." Journal of Personality 45, 1977.

Bies, R. J. "The Predicament of Injustice: The Management of Moral Outrage." In Research in Organizational Behavior, 1987 : An Annual Series of Analytical Essays and Critical Reviews, Vol. 9. Edited by Cummings, L. L. , ed. Greenwhich, Conn.: JAI Press, February 1, 1987.

Folger, Robert. The Sense of Injustice: Social Psychological Perspectives. New York: Plenum Press, June 1, 1984.

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Examples Illustrating this Topic:

Online (Web) Sources

Skinner, Elliott P. "African Political Cultures and the Problems of Government." , 1900
Available at:
http://web.africa.ufl.edu/asq/v2/v2i3a3.htm.

The thesis of this essay is that African countries will continue to be racked by conflicts unless leaders agree about how to govern their multi-faceted nation-states and how to distribute their economic resources equitably. Without a compromise that would ensure "ethnic justice", neither so-called "liberal democracy", nor any other species of government will succeed in Africa.

Background Papers: Women's Land and Property Rights in Situations of Conflict and Reconstruction. United Nations Development Fund for Women.
Available at:
http://www.unifem.org/filesconfirmed/69/204_background.pdf.
This site has several papers that examine Women's property rights. Beyani explores the history of women's land and property ownership in Africa and the key issues that surround this topic today. Mwagiru examines three case studies of Women's property rights in Eastern Africa, and Waterhouse examines one case study in Mozambique. Santiago delves into the socio-economic and cultural factors that affect women's rights to land in the Asia-Pacific Region, Worby describes how women in Guatemala organized to re-affirm their right to land, and Sabimbona discusses the problems displaced and returnee women face in Burundi with its current land tenure laws.

Ashley, David. "Between War and Peace: Cambodia 1991-1998." Accord, Vol. 5 , November 1999
Available at:
http://www.c-r.org/our-work/accord/cambodia/between-war-peace.php.

Scroll down the page and click on "Between War and Peace: Cambodia 1991-1998." This article recounts the political disagreements that plagued and frustrated peace efforts in Cambodia in the 1990's. The 1991 Paris agreements reduced the intensity of conflict in Cambodia, however, the inability of the political factions to share state power has continued to cause difficulties in the nation.

Abu, Alpha. "Dialogue on Justice and Reconciliation." Accord, Vol. 9 , September 2000
Available at:
Click here for more info.

Scroll down to the bottom of the page and click on "Dialogue on justice and reconciliation." In March 2000, well before the May crisis in the peace process, five key figures in Sierra Leone's search for peace were brought together in Freetown to discuss the prospects for justice and reconciliation and the potential impact of the Truth and Reconciliation Commission (TRC) envisaged in the Lom? Agreement. The discussion was facilitated by Florella Hazely, advocacy officer for the Council of Churches in Sierra Leone, and the report prepared by Alpha Abu, who works for both the radio and television stations of the Sierra Leone Broadcasting Service. Excerpts are reproduced below.

Wilmer, Franke. "Domination and Resistance, Exclusion and Inclusion: Indigenous Peoples Quest for Peace and Justice." , June 1996
Available at:
http://www.gmu.edu/academic/pcs/wilmer.htm.

In this article the author briefly reviews recent developments related to indigenous resistance, and then analyzes that resistance within the socio-historical context of the emergence of a world society over the past several centuries with most of the emphasis on contemporary issues, struggles and configurations of power. The framework employed derives from theoretical work on the issue of moral exclusion, which the author utilizes as a way of understanding the intergroup, intercultural conflicts which attend political community formation. The author then examines what the phenomenon of indigenous activism suggests about the present state of our world, and how the entrance of indigenous peoples into global discourses has altered those same discourses.

Gagnon, V. P. "Ethnic Conflict as Demobilizer: The Case of Serbia." , May 10, 1996
Available at:
http://www.ciaonet.org/wps/gav01/.

The author suggests that an examination of the political rhetoric of Serbia's ruling party in the late '80s and early '90s reveals that such rhetoric centered on the concept of justice. Rather than appealing to some abstract sense of ethnic solidarity, it constructed images of terrible injustices to mobilize popular support for ethnic conflict.

Offline (Print) Sources

Wehr, Paul, Heidi Burgess and Guy M. Burgess, eds. Justice Without Violence. Boulder, CO: Lynne Rienner Publishers, 1994.
"A well-integrated mixture of theoretical analysis and case studies (from Asia, Africa, Europe, Latin America and the Middle East), the book examines nonviolent direct action, political action, economic sanctions and social movements as alternative remedies in the struggle for justice."

Lederach, John Paul. "The Meeting Place." In Journey Towards Reconciliation. Edited by Lederach, John Paul, ed. Harald Press, 1998.
The author describes that the most important gifts that he recieved through his experiences was a new set of lenses. For fleeting moments I was able to see things around me in new ways. Through their eyes I saw beyond conflict resolution to reconciliation. Click here for more info.

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Audiovisual Materials on this Topic:

Offline (Print) Sources

Close, Closed, Closure . Directed and/or Produced by: Loevy, Ram. First Run Icarus Films. 2002.
This film presents Palestinian and Israeli views on justice as they relate the daily ins and outs of life in the Gaza Strip area of Israel. Click here for more info.

Public Enemy. Directed and/or Produced by: Meurer, Jens. First Run Icarus Films. 1999.
This film takes an intimate look at the lives of four men involved in the black liberation movement of the 1960's. Click here for more info.

The Ribbon. Directed and/or Produced by: Gavshon, Harriet. First Run Icarus Films. 1987.
This documentary illuminates how black and white women during South African apartheid, united in nonviolent protest against the unjust and inequitable policies of the country. Click here for more info.

War and Peace in Ireland . Directed and/or Produced by: MacCaig, Arthur. First Run Icarus Films. 1998.
This film helps the viewer conceptualize the complex issues associated with the conflict in Northern Ireland, and shows how these complexities influence each party's view of justice. Click here for more info.

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