Equality
(Fred Speaking)

 
 
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I think there is a basic distinction that we have to make when we talk about substantive equality. You obviously think that substantive equality is a matter of justice. But we can understand justice in many different ways.

Is justice achieved when a predefined set of fair procedures is followed, regardless of outcome? Or is justice achieved only when certain outcomes occur? The difference between these two views is crucial here. Traditionally, Americans have leaned toward justice as proper procedure rather than justice as proper outcomes. I tend to agree.

In the case of African Americans, there is a high level of agreement that fair procedures have not been followed. We have tried to correct those procedures, although they are still imperfect. But you are now asking for equality of outcomes. For example, you might ask that blacks be proportionally represented at Harvard. There is a lot less agreement about that and it may not be compatible with what most people regard as fair procedures.

In any case, we have to go back to the basic question: Is justice a matter of procedures or outcomes?

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