Abnormal Justice

Abstract

This paper discusses the parameters of justice (diagnostic) in a time of globalization in which the accepted foundations (normal justice) are challenged in every respect, altering significantly our conceptual frame (abnormal justice). “What” constitutes a legitimate claim? Is it a case of unjust access to resources (redistribution)? The author also questions “who” deserves legal remedies in any particular setting and “who” is affected. The stigmatized manner in which we view one another is a source of injustice, especially when crossing social, religious, cultural or political borders (recognition)? Questions as to political clout (representation) also lead to issues of abnormal justice. Furthermore, “how” justice is structured and “how” remedies are carried out have become a source of real concern in the justice system ranging from local courts to transnational venues. Nancy Fraser looks at a world in which decisions are no longer confined to smoke-filled rooms where the rich and politically powerful used to define, for the greater good (or for their personal/political gain), “what” counted for “whom,” and “how” justice would be carried out. She then proposes a multidimensional approach to claims (reconstructive), addressing issues of abnormal justice projecting new and fairer system.