Mitigating discrimination

Abstract

Chapter 3 explores the anti-discrimination justification for affirmative action, i.e., the argument that affirmative action is justified as a means of eliminating discrimination or, less ambitiously, neutralizing the negative effects of discrimination on discriminatees. It shows why this argument amounts to a strong argument in favor of affirmative action even on the assumption that discrimination is not unjust per se. It also offers some general reasons why affirmative action is a better means of mitigating unjust discrimination than aggressive anti-discrimination law enforcement or cash payments. Finally, it defends the two premises of the anti-discrimination argument against the proportional representation assumption and the moral division of responsibility challenge.