The Form of Compensation
(Fred Speaking)

 
 
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Ann
 
 
 
 
 


My approach has an advantage when it comes to deciding the proper form. With a narrow principle of compensation, it is always possible to say who was harmed and how. For example, we might discover that a black employee lost a promotion because of racial discrimination. In that case, we know exactly what form compensation should take. The person should be given a promotion similar to the one they lost.

The more liberal the principle of compensation, the more difficult it is to determine who was harmed, who did the harm, and the nature of the harm that was done. As the harm becomes more indirect, it becomes more difficult to say just what it is, and so it is difficult to say what compensation is appropriate. These are all reasons to adopt a narrow principle.


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