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The right that Goldman argues for is what philosophers sometimes refer to as a "prima facie" right. This means, roughly, that it normally applies but may be overridden by other rights or by other moral concerns.

In the case of the right to be judged on the basis of competence, Goldman argues that it may be overridden by concerns about compensation. Compensation might be due in cases when the right to be judged on the basis of competence has been violated.