( 238 ) Notes to pages 170–176
put forward by François- Nöel (“Gracchus”) Babeuf: Samuel Fleischacker, A Short History
of Distributive Justice (Cambridge, MA: Harvard University Press, 2004).
- Rawls, Theory of Justice, pp. 8, 309.
- Rawls, Theory of Justice; John Rawls, The Law of Peoples, with “The Idea of Public Reason
Revisited” (Cambridge, MA: Harvard University Press, 1999).
- At various points in his review, the same referee reminds me that racist discrimination
violates FEO. I had not at all meant to deny that, but my focus, as made clear at the start, is
corrective racial justice (affirmative action, preferential treatment, etc.), not pre- emptive
measures.
- Rawls, Theory of Justice, pp. 215– 16.
- Thomas Nagel, “John Rawls and Affirmative Action,” Journal of Blacks in Higher Education
39 (Spring 2003), p. 82.
- Rawls, Theory of Justice, p. 309.
- See, for example, Charles W. Mills, “‘Ideal Theory’ as Ideology,” Hypatia: A Journal
of Feminist Philosophy 20, no. 3 (August 2005): 165– 84 (reprinted as ch. 5 of this
book); Colin Farrelly, “Justice in Ideal Theory: A Refutation,” Political Studies 55,
no. 4 (December 2007): 844– 64; Ingrid Robeyns and Adam Swift, eds., Social
Theory and Practice 34, no. 3 ( July 2008), Special Issue: Social Justice: Ideal Theory,
Nonideal Circumstances; Amartya Sen, The Idea of Justice (Cambridge, MA: Harvard
University Press, 2009); Anderson, Imperative of Integration, pp. 3– 7; A. John
Simmons, “Ideal and Nonideal Theory,” Philosophy and Public Affairs 38, no. 1 (Winter
2010): 5– 36.
- Rawls, Justice as Fairness, pp. 14, 21.
- See Lawrie Balfour, “Reparations after Identity Politics,” Political Theory 33, no. 6
(December 2005): 786– 811; Alfred L. Brophy, Reparations Pro & Con (New York: Oxford
University Press, 2006); Pablo de Greiff, “Justice and Reparations,” in Pablo de Greiff, ed.,
The Handbook of Reparations (New York: Oxford University Press, 2006); Lawrie Balfour,
“Unthinking Racial Realism: A Future for Reparations?” Du Bois Review: Social Science
Research on Race 11, no. 1 (Spring 2014): 43– 56.
- Thomas McCarthy, “Vergangenheitsbewältigung in the USA: On the Politics of the
Memory of Slavery,” Part I, Political Theory 30, no. 5 (October 2002): 623– 48; Thomas
McCarthy, “Coming to Terms with Our Past: On the Morality and Politics of Reparations
for Slavery,” Part II, Political Theory 32, no. 6 (December 2004): 750– 72.
- Rawls, Theory of Justice, p. 63.
- Melvin L. Oliver and Thomas M. Shapiro, Black Wealth/ White Wealth: A New Perspective
on Racial Inequality, 10th anniversary ed. (New York: Routledge, 2006; orig. ed. 1995).
See also Thomas M. Shapiro, The Hidden Cost of Being African American: How Wealth
Perpetuates Inequality (New York: Oxford University Press, 2004).
- Robert Taylor, “Rawlsian Affirmative Action,” Ethics 119, no. 3 (April 2009): 476– 506.
See, in particular, pp. 487– 90, where Taylor draws on the work of Christine Korsgaard to
fill in the gaps in Rawls’s account of what non- ideal circumstances would permit.
- Taylor, “Rawlsian Affirmative Action,” pp. 488– 91, 485.
- Taylor, “Rawlsian Affirmative Action,” p. 489.
- Taylor, “Rawlsian Affirmative Action,” pp. 492– 94.
- I would contend that Taylor’s negative conclusions arise in part out of his decision to uti-
lize a “forward- looking” rather than “backward- looking” rectificatory rationale (Taylor,
“Rawlsian Affirmative Action,” p. 478), and that the deontological imperative to correct
for past injustices and unjust enrichment would trump the considerations he adduces
against strong affirmative action. Cf. McGary, note 30. But making this argument would,
again, require the reorientation of the Rawlsian apparatus in a fundamental way toward
non- ideal theory, so as to generate principles of corrective justice directly rather than
derivatively. For my own attempt at such a reorientation, see Charles W. Mills, “Racial
Equality,” in George Hull, ed., The Equal Society: Essays on Equality in Theory and Practice
(Lanham, MD: Lexington Books/ Rowman & Littlefield, 2015).
- Rawls, Justice as Fairness, p. 51.
- Rawls, Theory of Justice, p. 137.
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