This week we ask what the law can do about structural injustice.
When we see injustice in the world, our instinct is often to look for someone to blame. We might point to a corrupt official, an unjust law, or individuals acting with harmful intent. But some of the most persistent and damaging injustices of our time, including climate change, homelessness, systemic racism and gender inequality, do not have a single perpetrator. These are what philosopher Iris Marion Young described as structural injustices. They are not caused by individual malice, but by the ordinary functioning of our social, political and economic systems.
At first glance, this kind of injustice might seem beyond the reach of the law. There is no obvious villain to prosecute and no specific rule to repeal. But what if we have misunderstood what the law is capable of? What if legal systems are not just passive frameworks but active players in how injustice takes shape?
In this episode, we speak with George Letsas, Professor of the Philosophy of Law at University College London. He presents a powerful and original argument. The law, he suggests, is often implicated in structural injustice. But it is also one of the most promising tools we have to address it.
Mentioned in this episode: