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Justice, Like so many political, legal, and theological terms, has always challenged some of the best minds in the world. It is a key concept that plays a major role in the thinking of ethicists, human rights, natural law, and procedural law. And it is an elusive concept that is very difficult to define precisely. Fundamentally, it is the moral principle that a person should receive the type of treatment that he or she deserves.

Most people can easily recognize numerous actions that can be considered unjust. Injustice evokes anger at unfair treatment of either themselves or of another. However, even here, unfair treatment will evoke different responses depending upon what a person feels to be unfair.

Injustice is seen as a departure from a naturally occurring moral order. In Western civilization, concepts of natural justice or divine justice have been the grounds or inspiration for developing numerous moral concepts. Similar notions of a cosmic moral law expressive of justice are to be found around the world. In all cases they involve ideas of fair treatment. To some are due rewards and to some are due punishments, but in all cases fairly delivered.

As a theory of moral deserts, justice is the foundation of ethical judgments. In short, it is a system of rewards and punishments that are designed to fit the actions of those receiving justice. This should apply to the ethical theory that is the foundation of legal and social systems. It often does not.

In the case of justice and the environment, there are a range of views over what is and what is not justice. And these lie at the heart of what a state should establish in its governing of the relations between people.

In relations between people, there have always been resource disputes over land, forests, water, minerals, or other aspects of nature or over the right to access. Historically, nature has been conceived as a commodity. However, the advent of the environmental movement has added a new element to the idea of justice, namely environmental justice. The concern is over the right use of nature.

Environmental Justice

Historically, for many in Western civilization, the creation mandate in the Book of Genesis (Gen.1:28) has been a passage that called for dominion over the earth and it creatures. However, the passage has also been interpreted as a obligation to exercise stewardship as a responsible ethic. This type of ethic has been brought to the public forum by environmental activists who are seeking to establish relationships between modern industrial society and the remnants of unspoiled nature, or demands for the restoration of spoiled nature.

Justice can be distributive when some authority acts to allocate available resources. Justice can also be remedial when it acts to remedy wrongs by restoring what was lost. Justice can also be preventative when it acts as a form of equity to prevent irreparable harms from taking place.

There are a range of definitions for environmental justice that go beyond the mere impact of environmental conditions such as the impact of pollution. In 1991 the People of Color Environmental Leadership Summit adopted “Principles of Environmental Justice.” The “Principles” covered manyttion. O cioecon environ environ vironm The National Governors Association uses a definition that focuses on protecting minority and low-income communities from having to bear a disproportionate share of pollution. A different definition has been adopted by the Board of Trustees of Environmental Defense, which operates a “Scorecard.” The type of justice sought by environmentalists is preventative and remedial. It has been institutionalized in current American law as the fair treatment and meaningful involvement of all people irrespective of race, color, national origin or other qualification in the development of environmental policies, laws, and regulations.

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