ABSTRACT

This chapter argues that it is helpful to think of justice in terms of the activity of justice-seeking, an activity defined by two key features: the making of justice claims, and the resolution or determination of those claims. It focuses on Australia in comparison with New Zealand and, to a lesser extent, Canada. Justice claims arise out of real human experience and specific social, political and economic contexts, and are therefore highly localized, even when expressed in universalist terms. This is the claim that the claimant is entitled to have their claim answered and, ultimately, resolved by a legitimate authority. The chapter examines these claims political or constitutional justice claims, and they substantially overlap with the content of Jeremy Webber's third form of transitional justice. Webber describes the adjustment of contending legal and political orders. The chapter discusses what justice requires in settler states is not just a question of tallying up the losses.