Stephen Kershnar is Associate Professor of Philosophy at the State University of New York at Fredonia.
Acknowledgments
xi
SECTION 1 Introduction
3
(8)
SECTION 2 Civil Rights Laws
1 The Most Qualified Applicant
11
(22)
Part 1. The Job Qualification
14
(8)
Part 2. The Best Conception of a Job Qualification Yields at Most a Very Weak Reason to Favor a Meritocracy
22
(4)
Part 3. Antidiscrimination Laws Cannot Be Justified by Meritocratic Concerns
26
(1)
Part 4. Qualifications for Educational Institutions
27
(3)
Part 5. Conclusion
30
(3)
SECTION 3 Strong Affirmative Action
2 Strong Affirmative-Action Programs at State Institutions
33
(20)
Part 1. Introduction
33
(2)
Part 2. The Duty to Judge Persons according to Their Interests and Desert
35
(5)
Part 3. Strong Affirmative-Action Programs at State Educational Institutions Cannot Be Justified via Compensatory Justice
40
(11)
Part 4. Conclusion
51
(2)
3 Uncertain Damages to Racial Minorities and Strong Affirmative Action
53
(16)
Part 1. The Hypothetical Imperative to Distribute Resources in a Just Manner
53
(1)
Part 2. Compensatory Justice and the Assessment of Damages
54
(1)
Part 3. Compensatory Justice and Inadequate Knowledge of Damages
55
(3)
Part 4. We Do Not Have Adequate Knowledge of the Amount of Compensable Injury to Current Members of Some Racial Minority Groups
58
(6)
Part 5. Conclusion
64
(5)
SECTION 4 Reparations for Slavery
4 The Inheritance-Based Claim to Reparations
69
(14)
Part 1. Introduction
70
(1)
Part 2. Slavery Did Not Harm the Descendants of Slaves
70
(6)
Part 3. Compensation May Be Owed to the Descendants of Slaves As a Result of a Legitimate Inheritance Claim
76
(5)
Part 4. Conclusion
81
(2)
5 Reject the Inheritance-Based Claim to Reparations
83
(12)
Part 1. Objections to the Inheritance-Based Claim to Reparations
83
(4)
Part 2. Who Owes Compensation?
87
(4)
Part 3. Conclusion
91
(4)
SECTION 5 Proper Respect
6 Intrinsic Moral Value and Racial Differences
95
(24)
Part 1. The Expression of Equal Moral Value
95
(3)
Part 2. The Argument
98
(13)
Part 3. Implications of the Argument
111
(4)
Part 4. Conclusion
115
(4)
SECTION 6 Educational Diversity
7 Experiential Diversity
119
(12)
Part 1. Grutter and Bakke
120
(2)
Part 2. Experiential Diversity and Truth
122
(4)
Part 3. A More General Approach to Diversity
126
(2)
Part 4. Equal-Opportunity Arguments
128
(1)
Part 5. Conclusion
129
(2)
Notes
131
(26)
Index
157
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