Justice for the Past

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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