Pursuing Equal Opportunities: The Theory And Practice Of Egalitarian Justice (cambridge Studies In Philosophy And Public Policy)

Pursuing equality is an important challenge for any modern democratic society but this challenge faces two sets of difficulties: the theoretical question of what sort of equality to pursue and for whom; and the practical question concerning which legal and political institutions are the most appropriate vehicles for implementing egalitarian social policy and thus realizing egalitarian justice. This book offers original and innovative contributions to the debate about equality of opportunity. The first part of the book sets out a theory of equality of opportunity that presents equal opportunities as a normative device for the regulation of competition for scarce resources. The second part shifts the focus to the consideration of the practical application by courts or legislatures or public policy makers of policies for addressing racial, class or gender injustices. The author examines standardized tests, affirmative action, workfare, universal health-care, comparable worth, and the economic consequences of divorce. Cover 1 Half-title 3 Series-title 5 Title 7 Copyright 8 Dedication 9 Contents 11 Acknowledgements 15 PART I Retrieving Equality of Opportunity 17 Chapter 1 Introduction 19 Chapter 2 Equal Opportunities as a Regulative Ideal 26 2.1 INTRODUCTION 26 2.2 AN OUTLINE OF THE THREE-DIMENSIONAL MODEL 29 2.3 EQUAL OPPORTUNITIES FOR WHAT? 37 2.4 BACKGROUND FAIRNESS AND STATUS EQUALITY 45 2.5 THE IDEA OF STAKES FAIRNESS 53 2.6 CONCLUSION 63 Chapter 3 Equal Opportunity without Natural Inequalities 64 3.1 INTRODUCTION 64 3.2 THE ASSUMPTION ABOUT NATURAL INEQUALITIES 67 3.3 THE MYTH OF NATURAL INEQUALITIES 69 3.4 INEQUALITY BY DESIGN: LEARNING FROM THE IQ DEBATE 77 3.5 TWO OTHER ISSUES ABOUT NATURE AND JUSTICE 87 3.6 EGALITARIAN JUSTICE WITHOUT NATURAL INEQUALITY 88 3.7 THE VULNERABLE MINORITY APPROACH 90 3.8 CONCLUSION 95 PART II Race 97 Chapter 4 Equal Opportunities and Civil Rights: Merit, Standardized Tests, and Higher Education 99 4.1 INTRODUCTION 99 4.2 STANDARDIZED TESTS IN AMERICAN UNIVERSITIES 102 4.3 MERITOCRACY REGULATED BY EQUAL OPPORTUNITIES 104 4.4 THE IMPLICATIONS FOR CIVIL RIGHTS 117 4.5 THE WORRY ABOUT AFFIRMATIVE ACTION 127 4.6 CONCLUSION 130 Chapter 5 Integration, Diversity, and Affirmative Action 132 5.1 INTRODUCTION 132 5.2 DIVERSITY OF WHAT? DIVERSITY FOR WHOM? 138 5.3 TAKING INTEGRATION SERIOUSLY AGAIN 140 5.4 THE VALUE OF DIVERSITY AND INTEGRATION 145 5.5 THE RATIONALE FOR AFFIRMATIVE ACTION 150 5.6 CONCLUSION 157 PART III Class 159 Chapter 6 Justifying Workfare 161 6.1 INTRODUCTION 161 6.2 MAKING SENSE OF WORKFARE 165 6.2.1 Three Flawed Arguments for Workfare 167 6.2.2 The Argument from Desert 168 6.2.3 The Argument from Self-Respect 171 6.2.4 The Argument from Social Responsibility 174 6.3 WORKFARE AND THE RELEVANCE OF STAKES FAIRNESS 177 6.4 CONCLUSION 184 Chapter 7 Universal Access to Health Care 185 7.1 INTRODUCTION 185 7.2 THE SIGNIFICANCE OF UNIVERSAL ACCESS 185 7.3 TWO EGALITARIAN STRATEGIES 192 7.3.1 The Comprehensive Egalitarian Strategy 194 7.3.2 Equality of Resources 196 7.3.3 The Place of Health Care 199 7.3.4 The General Prospects for the Comprehensive Strategy 208 7.3.5 The Restricted Egalitarian Strategy 209 7.3.6 The Equal Benefit Version of the Restricted Strategy 210 7.3.7 Daniels’s Version of the Restricted Strategy 212 7.4 CONCLUSION 216 PART IV Gender 219 Chapter 8 Gender Inequalities in the Workplace 221 8.1 INTRODUCTION 221 8.2 UNDERSTANDING GENDER GAPS IN THE WORKPLACE 225 8.3 IS THE SECOND SHIFT UNFAIR TO WOMEN? 229 8.4 WHY FAMILIES ARE BEYOND EQUAL OPPORTUNITY REGULATION 235 8.5 CONCLUSION 240 Chapter 9 Equal Opportunities after Divorce 242 9.1 INTRODUCTION 242 9.2 WHAT’S WRONG WITH FAULT-BASED DIVORCE LAW? 246 9.2.1 Three Dominant Approaches to Divorce Settlements 247 9.2.2 The ‘Clean Break’ Approach 248 9.2.3 Partnership Analogies 250 9.2.4 Equalizing Post-Divorce Standards of Living 252 9.2.5 An Equal Opportunities Approach 256 9.2.6 Dividing Marital Property Upon Divorce 261 9.3 CONCLUSION 266 Bibliography (including cases cited) 267 Index 283 This book offers original contributions to the debate over the issue of equality of opportunity. Lesley Jacobs sets out a theory of equality of opportunity that presents equal opportunities as a normative device for the regulation of competition for scarce resources. He then considers the practical ways that courts, legislatures or public policy makers can address racial, class or gender injustices. Jacobs examines standardized tests, affirmative action, workfare, universal health-care, comparable worth, and the economic consequences of divorce in this context. Pursuing Equal Opportunities is unique in combining political and legal theory and cutting-edge socio-legal research, as well as in offering an overview of the concept of equality of opportunity and its history and application. As such, it will be of particular interest to professionals and graduate students in social and political philosophy, political science, law, sociology, and education.