THE LAW AND SOCIAL JUSTICE
31
policy options available in a particular circumstance. Or, to put
it another way, law focuses primarily on the legality of a par-
ticular course of action, while policy focuses primarily on the
efficacy of a particular course of action
.
5
Remaining sensitive to the law/policy dichotomy encourages policymakers
and attorneys to see problems in a broader, interdisciplinary context. In
turn, this broader context, along with the distinctions between the roles of
policymakers and attorneys and the recognition of varieties of expertise,
will assist policymakers and attorneys in uncovering the source(s) of any
injustice that may lurk within the problem area being addressed, and may
help policymakers and attorneys to uncover all the options for alleviating
the injustice.
VI. Further Comments on Justice
There are various sub-sets within the broad concept of justice. There could
be, for example, subsets for governmental justice versus private justice;
for governmental criminal justice versus governmental civil justice; for so-
cial justice versus economic justice; for procedural justice (focusing on fair
processes for decision-making) versus substantive justice (focusing on fair
results); for U.S. justice versus justice in other countries; and for religious
or spiritual justice versus secular justice
.
6
Benjamin Cardozo, for example,
provided this useful guideline of governmental justice through the law and
5 W
ILLIAM
A. K
APLIN
& B
ARBARA
A. L
EE
,
T
HE
L
H
E
75 (2006).
6 This essay focuses on social justice, but it adopts a broad view of social justice that
would include — for purposes of this discussion — most of the subsets listed here.
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