Justice for the Past

Inbunden, Engelska, 2004

1 429 kr

Beställningsvara. Skickas inom 3-6 vardagar. Fri frakt för medlemmar vid köp för minst 249 kr.

Examines whether race-based programs and slavery reparations are justified.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.

Produktinformation

Utgivningsdatum2004-07-15
Mått152 x 229 x 15 mm
Vikt363 g
FormatInbunden
SpråkEngelska
SerieSUNY series in American Constitutionalism
Antal sidor170
FörlagState University of New York Press
ISBN9780791460719

Tillhör följande kategorier

Acknowledgments SECTION 1 Introduction SECTION 2: Civil Rights Laws 1. The Most Qualified Applicant Part 1. The Job QualificationPart 2. The Best Conception of a Job Qualification Yields at Most a Very Weak Reason to Favor a MeritocracyPart 3. Antidiscrimination Laws Cannot Be Justified by Meritocratic ConcernsPart 4. Qualifications for Educational InstitutionsPart 5. Conclusion SECTION 3: Strong Affirmative Action 2. Strong Affirmative-Action Programs at State Institutions Part 1. IntroductionPart 2. The Duty to Judge Persons according to Their Interests and DesertPart 3. Strong Affirmative-Action Programs at State Educational Institutions Cannot Be Justified via Compensatory JusticePart 4. Conclusion 3. Uncertain Damages to Racial Minorities and Strong Affirmative Action Part 1. The Hypothetical Imperative to Distribute Resources in a Just MannerPart 2. Compensatory Justice and the Assessment of DamagesPart 3. Compensatory Justice and Inadequate Knowledge of DamagesPart 4. We Do Not Have Adequate Knowledge of the Amount of Compensable Injury to Current Members of Some Racial Minority GroupsPart 5. Conclusion SECTION 4: Reparations for Slavery 4. The Inheritance-Based Claim to Reparations Part 1. IntroductionPart 2. Slavery Did Not Harm the Descendants of SlavesPart 3. Compensation May Be Owed to the Descendants of Slaves As a Result of a Legitimate Inheritance ClaimPart 4. Conclusion 5. Reject the Inheritance-Based Claim to Reparations Part 1. Objections to the Inheritance-Based Claim to ReparationsPart 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 ValuePart 2. The ArgumentPart 3. Implications of the ArgumentPart 4. Conclusion SECTION 6: Educational Diversity 7. Experiential Diversity Part 1. Grutter and BakkePart 2. Experiential Diversity and TruthPart 3. A More General Approach to DiversityPart 4. Equal-Opportunity ArgumentsPart 5. Conclusion Notes Index

"This is an important and serious critique of both affirmative action and reparations for slavery. Despite the provocative nature of the subject matter, Kershnar writes coolly and objectively." — Michael Levin, author of Why Race Matters: Race Differences and What They Mean"Civil rights, affirmative action, and reparations for slavery are burning issues today. Kershnar's bold, clearly reasoned arguments are fresh, insightful, and cogent." — Louis P. Pojman, United States Military Academy, West Point"Although I strongly disagree with his views, Kershnar provides the most coherent set of arguments against reparations available in the philosophical literature." — Albert Mosley, coauthor of Affirmative Action: Social Justice or Unfair Preference?