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Philosophers disagree about the nature of justice. You might think of it in any of the following ways, or in some other way that you develop:

Each of these views has some basis in common sense. We can also combine these ideas in various ways. But there are conflicts between these different views that arise quickly in practical situations.


Our ideas about racial discrimination and affirmative action can be influenced by the overall view we take of justice. For example: If 'fair shares' are important, then the fact that black Americans are poorer than white Americans is important. This fact might be used to show that blacks have been treated unjustly, and that reparation or compensation should be made. If respect for individual rights is crucial, then the fact that blacks are poorer than whites is not, by itself, especially important. Everything depends on whether rights have been violated in creating that disparity.
Notice that the case of race (and also the case of gender) immediately raises the question "Which differences are relevant?" An old-fashioned racist might agree that equal cases should be treated equally but would probably claim that blacks and whites are not equal in some important respects. As a result, he would conclude, it is not unjust for blacks and whites to be treated differently. Determining relevance is not easy. How would you argue for or against the relevance of race or sex to questions about justice? For example: What factors are relevant to determining whether men and women doing the same work should be paid the same?
Someone might argue that the requirement to treat equal cases equally tells us nothing at all about whether racial discrimination is unjust. We all treat our friends and families in special ways. We give them gifts, for example. The only difference is in our attitude toward these people, but this seems to be enough to justify special treatment. Should this approach be applied to race and sex? Most Americans believe that it would be unjust for an employer to discriminate in favor of whites or males simply because he liked them. Is this different from what seems like fully justified discrimination in favor of our friends and families? How would you develop or criticize this analogy?