Justice for the Past

Stephen Kershnar

Description

Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to those persons who, through their abilities, will benefit most from them. Second, he argues that, in the case of slavery, past injustice—where both the victims and perpetrators are long dead—cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person's existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed.

Acknowledgments

SECTION 1

Introduction

SECTION 2: Civil Rights Laws

1. The Most Qualified Applicant

Part 1. The Job Qualification
Part 2. The Best Conception of a Job Qualification Yields at Most a Very Weak Reason to Favor a Meritocracy
Part 3. Antidiscrimination Laws Cannot Be Justified by Meritocratic Concerns
Part 4. Qualifications for Educational Institutions
Part 5. Conclusion

SECTION 3: Strong Affirmative Action

2. Strong Affirmative-Action Programs at State Institutions

Part 1. Introduction
Part 2. The Duty to Judge Persons according to Their Interests and Desert
Part 3. Strong Affirmative-Action Programs at State Educational Institutions Cannot Be Justified via Compensatory Justice
Part 4. Conclusion

3. Uncertain Damages to Racial Minorities and Strong Affirmative Action

Part 1. The Hypothetical Imperative to Distribute Resources in a Just Manner
Part 2. Compensatory Justice and the Assessment of Damages
Part 3. Compensatory Justice and Inadequate Knowledge of Damages
Part 4. We Do Not Have Adequate Knowledge of the Amount of Compensable Injury to Current Members of Some Racial Minority Groups
Part 5. Conclusion

SECTION 4: Reparations for Slavery

4. The Inheritance-Based Claim to Reparations

Part 1. Introduction
Part 2. Slavery Did Not Harm the Descendants of Slaves
Part 3. Compensation May Be Owed to the Descendants of Slaves As a Result of a Legitimate Inheritance Claim
Part 4. Conclusion

5. Reject the Inheritance-Based Claim to Reparations

Part 1. Objections to the Inheritance-Based Claim to Reparations
Part 2. Who Owes Compensation?
Part 3. Conclusion

SECTION 5: Proper Respect

6. Intrinsic Moral Value and Racial Differences

Part 1. The Expression of Equal Moral Value
Part 2. The Argument
Part 3. Implications of the Argument
Part 4. Conclusion

SECTION 6: Educational Diversity

7. Experiential Diversity

Part 1. Grutter and Bakke
Part 2. Experiential Diversity and Truth
Part 3. A More General Approach to Diversity
Part 4. Equal-Opportunity Arguments
Part 5. Conclusion

Notes

Index

Sujets

• Philosophy

Informations

• Publié par: State University of New York Press
• Date de parution: 01 février 2012
• Nombre de lectures: 0
• EAN13: 9780791485156
• Langue: English

Extrait

JUSTICE for the PAST

Stephen Kershnar

Justice for the Past

SUNY series in American Constitutionalism

Robert J. Spitzer, editor

Justice for the Past

Stephen Kershnar

State University of New York Press

Published by State University of New York Press, Albany

© 2004 State University of New York

All rights reserved

Printed in the United States of America

No part of this book may be used or reproduced in any manner whatsoever without written permission. No part of this book may be stored in a retrieval system or transmitted in any form or by any means including electronic, electrostatic, magnetic tape, mechanical, photocopying, recording, or otherwise without the prior permission in writing of the publisher.

For information, address State University of New York Press, 90 State Street, Suite 700, Albany, NY 12207

Production by Michael Haggett Marketing by Anne M. Valentine

Library of Congress CataloginginPublication Data

Kershnar, Stephen. Justice for the past / Stephen Kershnar. p. cm. — (SUNY series in American constitutionalism) Includes bibliographical references and index. ISBN 0791460711 (hard : alk. paper) — ISBN 079146072X (pbk. : alk. paper) 1. Minorities—Civil rights—United States. 2. Women’s rights—United States. 3. Minorities—Government policy—United States. 4. Women—Government policy—United States. 5. Affirmative action programs—United States. 6. African Americans—Reparations. I. Title. II. Series.

JC599.U5K447 2004 323.173—dc22

10 9 8 7 6 5 4 3 2 1

2004045254

Dedicated to my father, Larry Kershnar

This page intentionally left blank.

Acknowledgments

Introduction

1

2

Contents

SECTION 1

SECTION 2 Civil Rights Laws The Most Qualified Applicant Part 1. The Job Qualification Part 2. The Best Conception of a Job Qualification Yields at Most a Very Weak Reason to Favor a Meritocracy Part 3. Antidiscrimination Laws Cannot Be Justified by Meritocratic Concerns Part 4. Qualifications for Educational Institutions Part 5. Conclusion

SECTION 3 Strong Affirmative Action Strong AffirmativeAction Programs at State Institutions Part 1. Introduction Part 2. The Duty to Judge Persons according to Their Interests and Desert Part 3. Strong AffirmativeAction Programs at State Educational Institutions Cannot Be Justified via Compensatory Justice Part 4. Conclusion

vii

xi

3

11 14

22

26 27 30

33 33

3

5

40 51

viii

3

4

5

6

Contents

Uncertain Damages to Racial Minorities and Strong Affirmative Action Part 1. The Hypothetical Imperative to Distribute Resources in a Just Manner Part 2. Compensatory Justice and the Assessment of Damages Part 3. Compensatory Justice and Inadequate Knowledge of Damages Part 4. We Do Not Have Adequate Knowledge of the Amount of Compensable Injury to Current Members of Some Racial Minority Groups Part 5. Conclusion

SECTION 4 Reparations for Slavery The InheritanceBased Claim to Reparations Part 1. Introduction Part 2. Slavery Did Not Harm the Descendants of Slaves Part 3. Compensation May Be Owed to the Descendants of Slaves As a Result of a Legitimate Inheritance Claim Part 4. Conclusion

Reject the InheritanceBased Claim to Reparations Part 1. Objections to the InheritanceBased Claim to Reparations Part 2. Who Owes Compensation? Part 3. Conclusion

SECTION 5 Proper Respect Intrinsic Moral Value and Racial Differences Part 1. The Expression of Equal Moral Value Part 2. The Argument Part 3. Implications of the Argument Part 4. Conclusion

53

5

5

3

4

55

58 64

69 70 70

76 81

83

83 87 91

95 95 98 111 115

7

Contents

SECTION 6 Educational Diversity Experiential Diversity Part 1.GrutterandBakke Part 2. Experiential Diversity and Truth Part 3. A More General Approach to Diversity Part 4. EqualOpportunity Arguments Part 5. Conclusion

Notes

Index

ix

119 120 122 126 128 129

131

157