Discrimination and Rights
(John Speaking)

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I don't know whether I accept Goldman's view. I mention it because if he's right, Dee's libertarian view is mistaken.

There is another approach that is more limited, but I think we can agree on it. It is generally agreed that a just law should treat equal cases equally. But until recently, neither the federal nor state governments treated blacks and whites the same. We had many laws and governmental policies that segregated blacks and whites in schools, in voting, in transportation and accommodations, and so on.

I think we can agree that these laws were unjust, and that where they caused harm, it is proper to consider compensation.


Reference: For one view of what it means for government to treat equal cases equally, see Ronald Dworkin's Taking Rights Seriously, chapter 12.

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