Abstract

This essay is part of a symposium on affirmative action that took place at the University of Cincinnati with the distinguished legal scholar Ronald Dworkin. I argue against affirmative action. And I discuss at length the votes of Justice Sandra Day O'Connor and the dissent of Justice Clarence Thomas. I develop the idea of idiosyncratic excellence; and I argue that diversity is a weakness insofar as it (a) an excuse for social myopia and (b)an impediment to individuals seeing beyond their differences and affirming the excellences that they witness. The expected publication date, Univ of Cinn Law Review, is March 2004.