“Unmasking Lady Justice” offers a challenge to think about justice not just as a concept, but as a dynamic, thriving, but also at times flawed, entity—the last part of which may not always live up to the ideal set by the symbolic figure of Justice as Lady Justice, whose blindfold, sword, and set of scales promote notions of justice, power, and impartiality in her representation of the ideal of justice. This blindfold, in the contemporary world, can well be described as a mask.

The origins of Lady Justice trace back through the Greek figures of Themis and Dike, as well as the Roman Justitia, representing the tradition of morality and the law. The scales represent the balancing act in weighing the evidence, the sword represents enforcement, while the blindfold represents impartiality. But to 'unmask' Lady Justice means to call into question the idea of the blind-folded figure as the representation of justice.

In reality, the justice process can also demonstrate extreme racial inequities. In fact, research has demonstrated that individuals of various ethnic backgrounds, as well as individuals of other spiritual beliefs, experience a disproportionate level of negative consequences—all the way from arrest and charges to sentencing.   Oftentimes, implicit bias, discrimination, as well as differing levels of access to justice resources, make the Sword of Justice swing erratically. Judicial polls, for example, have noted the pervasiveness of racial bias, particularly when the accused come from diverse ethnic groups.

Through the choice to “unmask” Lady Justice, this work acknowledges the contradiction in terms implicit in her representation as a figure for objective justice, where the reality of justice might well be anything but. We also challenge the reader, the delegate, to interrogate the following urgent questions: Who wields the power of judgment? And whose voices are heard in the balance?

This theme resonates in today’s world, where issues of inequality, mass incarceration, and calls for change are widespread. The theme challenges us to not only engage in intellectual discourse over ideals but also to envision change, in the form of law, society, and institutions, in order to make justice more than just symbolism.

Essential Questions for Delegates:

1.  In what ways do actual systems of law fail Lady Justice's standards, most specifically in the areas of race and bias?

2. How can justice achieve impartiality in reality rather than just in theory? What changes are therefore necessary?

3.   How might our symbolic concept of justice develop in response to systemic inequities?

4.    Who bears the responsibility in relation to the imbalance of justice, and how can power be redistributed?