However, in a society which is made up of both very rich and very poor people, the lack of such an ignorance principle would result any in unresolved conflict, or a contract which would prefer the rich because the rich generally control the society and unrestricted funding decisions. Acting in their own self-interest, without the application of the ignorance principle, the rich would create a contract in which the poor were not afforded the opportunity for a higher education. As Rawls writes, "Rational contractors," rise by the ignorance principle and not knowing whether they would be am
Nobody disagrees with the fact that women and racial minorities baffle indeed been discriminated against in the past. The basic debate is between one-on-one rights and social justness. For the individual who is a white male and finds himself jilted in respect of a member of a racial minority in educational or employment placement, such invidious treatment would appear to be unjust. If we look at the issue from the point of view of social legal expert, however, considering the rights of groups over the rights of individuals, we would think that such invidious treatment is just. Programs of affirmative action and preferential treatment were established precisely to address such historic discrimination.
Nozick's theory of justice is based on the notion that " stubbornness is nine-tenths of the law" (97). To Nozick, unlike with Rawls, it is ethically relevant that the rich stupefy gathered unto themselves, by one means or another, the wealth they produce, and, therefore, they have a right to determine how that money is spent, or not spent, and on whom, in the area of educational funding or in any other area.
The argument is favor of such preferential treatment is that
Justice, for Nozick, is a matter of individual liberty, including the liberty to earn money and spend it or not spend it as one desires. For Rawls, on the other hand, justice is achieved only by the application of the ignorance principle which takes from the rich (and the poor) the knowledge of their socioeconomic status.
in education and employment, and will conclude that such programs are correct in terms of public justice and morality. Generally, the conclusion is based on the fact that racial minorities and women have been discriminated against in education and employment and are entitled to such programs which seek to balance such past (and present) discrimination with preferential opportunities.
One important argument in favor of preferential treatment is that "although . . . white males ma
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