Sophia Moreau (New York University School of Law) has posted A Fully Systemic Approach to Structural Injustices on SSRN. Here is the abstract:
This paper argues for the importance of a system-wide and diachronic approach to structural injustices, using as a case study the position of Indigenous women in Canada. I explain what a fully systemic approach involves, and I argue that such an approach can result in a more complete picture of the vulnerable social positions occupied by marginalized groups across different contexts, as well as a more precise understanding of the reinforcement mechanisms through which these vulnerabilities subtly and often invisibly reinforce each other. I discuss several of the reinforcement mechanisms that lead to the consistently vulnerable structural positions of Indigenous women across a variety of Canadian institutions (in health care, child welfare, education, employment, and even transportation). These reinforcement mechanisms include: recurrent and compounding stereotypes dating from the earliest days of colonization through to the present, which cross over different social contexts and are used to rationalize disempowerment; a tendency to “individualize” what is really a structural problem and to assume that problems can be addressed simply by increasing the prosecution of, and penalties for, individuals who deliberately harm Indigenous women; and a failure to think of institutional inaction as playing a causal role. I try to show that a fully systemic approach to structural injustice offers the beginning of a compelling normative account of structural injustice; enables us to see more clearly how structural injustices can persist over time, even as unjust institutions are abolished and fair rules and procedures put in place; and makes visible the often problematic role of institutional inaction.
Recommended.