Utility and Rights (Ann Speaking)
				Source		MAIN PATH: John
			John

But we don't have to accept Goldman's view. I think we can combine strong affirmative action based on compensation with affirmative action based on utility. Blacks were treated unjustly by both federal and state governments through discriminatory legislation. They were, and sometimes still are, discriminated against by private employers. We can call this discrimination INVIDIOUS because it was based on the assumption that blacks were inferior and was often intended to keep them in a low social position. It is invidious discrimination that is unjust. It should be illegal and deserves compensation.

When we implement a strong affirmative action program because of its social utility, we sometimes include preferential treatment for blacks. But those preferences are not invidious. They are not based on the assumption that white people are inferior and they are not intended to keep white people in a subordinate position in society. They are BENIGN in that they are intended to improve society.

I would agree that people have a moral right not to be subjected to invidious discrimination, but that right is not violated by a medical school program that gives an edge to black applicants in order to increase the number of doctors in the inner city. So we can have compensatory and utilitarian programs.

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