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  1. added 2020-03-24
    Discounting Women’s Applications When Hiring.Stephen Kershnar - 2020 - Philosophia 48 (1):227-260.
    In this paper, I argue that philosophy departments at state universities may discount women’s applications. My argument rests on two premises: if the balance of merit-based reasons supports discounting one group relative to a second, then a state institution may discount the first group’s application and the balance of merit-based reasons supports philosophy departments at state universities discounting women’s applications relative to men’s applications.The latter premise was supported by three assumptions. First, if discounting the applications of one group relative to (...)
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  2. added 2020-03-24
    For Discrimination Against Women.Stephen Kershnar - 2007 - Law and Philosophy 26 (6):589 - 625.
    In this paper, I argue that it is morally permissible and should be legally permissible for state and private professional schools to discriminate against women. By professional schools, I mean law, medical, and business schools. More specifically, I argue that such schools may discount womens applications to the degree that they are likely to produce less than male counterparts. The argument differs with regard to state and private institutions because of the greater moral elbowroom that private institutions have. The argument (...)
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  3. added 2020-03-24
    The Duty to Hire the Most Qualified Applicant.Stephen Kershnar - 2003 - Journal of Social Philosophy 34 (2):267–284.
    The most qualified applicant is the one who has the propensity to maximally satisfy the employer’s preferences. An applicant’s propensity is a function of her willingness to work hard together with the relevant capacity or potentiality to do the tasks constituting a job. Given this account of the most qualified applicant, there is only a weak duty, if any, to hire persons based on their being the most qualified. Such a duty is not justified by reference to rights, desert, fairness, (...)
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  4. added 2020-03-24
    The Inheritance-Based Claim to Reparations.Stephen Kershnar - 2002 - Legal Theory 8 (2):243-267.
    Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would have (...)
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  5. added 2020-03-24
    Are the Descendants of Slaves Owed Compensation for Slavery?Stephen Kershnar - 1999 - Journal of Applied Philosophy 16 (1):95–101.
    The compensatory‐justice justification of affirmative action requires a comparison of the actual world in which the injured person lives with a relevantly similar possible world in which this person lives but where the unjust injuring act never occurred, in order to identify the degree of harm brought about by the unjust injurious act. The problem is that some unjust injuring acts, particularly acts of slavery, led to intercourse and the later creation of the ancestors of many members of minority groups. (...)
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  6. added 2019-09-25
    Race as a Factor in University Admissions.Stephen Kershnar - 2007 - Law and Philosophy 26 (5):437-463.
    In two recent cases, Grutter v. Bollinger, 539 U.S. 306. and Gratz v. Bollinger, 539 U.S. 244., the Supreme Court held that the Equal Protection Clause permitted state schools to use race-sensitive admissions in order to obtain the educational benefits that flow from a diverse student body. The diversity-based argument for race-sensitive admissions, scholarships, awards, and other opportunities at universities should have been rejected because it does not consider the full range of costs and benefits and because the more narrow (...)
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  7. added 2019-09-25
    Uncertain Damages to Racial Minorities and Strong Affirmative Action.Stephen Kershnar - 1999 - Public Affairs Quarterly 13 (1):83-98.
    We should adopt the following principle with regard to compensatory justice. (1) If an unjust act benefits an innocent person and there is no reasonable way to assess the amount of damages to the victim, then compensatory justice does not require that the innocent beneficiary pay compensation for those damages. We cannot reasonably assess the amount of damages to current racial minorities that have resulted from past discriminatory acts. Problems arise in determining the identity of the injured parties, the identity (...)
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  8. added 2018-07-13
    Selection Under Uncertainty: Affirmative Action at Shortlisting Stage.Luc Bovens - 2016 - Mind 125 (498):421-437.
    Choice often proceeds in two stages: We construct a shortlist on the basis of limited and uncertain information about the options and then reduce this uncertainty by examining the shortlist in greater detail. The goal is to do well when making a final choice from the option set. I argue that we cannot realise this goal by constructing a ranking over the options at shortlisting stage which determines of each option whether it is more or less worthy of being included (...)
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  9. added 2017-01-25
    Towards Lifting the Burden of Stereotyping.Julia Tanner - 2016 - “Ethos”:152-172.
    Some may doubt whether the question of equality of opportunity applies to women anymore. In most Western countries every career is now, in theory, open to women. Firstly, while this may be true in Western countries, it is not true in others; there are still many careers barred to women outside the West. However, affirmative action is not a remedy where women are barred from given careers, for in such cases the principle of equality of opportunity has been rejected. Rather, (...)
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  10. added 2016-01-25
    Token Worries.Anca Gheaus - 2017 - The Forum.
    There are many grounds to object to tokenism, but that doesn’t mean we should always avoid being the token woman, argues Anca Gheaus.
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  11. added 2015-09-30
    Procedural Justice and Affirmative Action.Kristina Meshelski - 2016 - Ethical Theory and Moral Practice 19 (2):425-443.
    There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but (...)
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  12. added 2011-05-31
    Multiculturalism, Collective Identities and Special Obligations to Compatriots.Demuijnck Geert - 2008 - In Artur Szutta (ed.), Multiculturalism. What Common Identity?
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