This book analyses the egalitarian foundations of equality law from a classical liberal perspective by asking two central questions: does justice ideally demand equality? Are differences in abilities among people in some sense unfair? The book examines these questions in the context of racial diversity. Racial justice as a component of social justice is often considered to be so emotionally and morally compelling that its implications for economic freedom are rarely subjected to critical scrutiny. In defending the classical ideal of formal equality in contexts of racial diversity this book questions the ethical status of egalitarian social and moral ideals. Economic Freedom and Social Justice argues that egalitarian ideals, like all subjective value judgements, must be subjected to critical intellectual inquiry rather than treated axiomatically. Drawing upon the legal framework in the UK and other common law jurisdictions, this book shows some of the ways in which egalitarian ideals, in addition to resting on false premises, are costly, harmful, and ultimately inimical to justice and liberty. The book argues that legal entitlements and policy guidelines constructed upon notions of racial equity are wrongly constituted as the main prism through which liberal market democracies govern private relationships, including the employment relationship. Written in a clear and forthright style, this book will be of interest to students and scholars in law, economics, philosophy and political economy.
Author(s): Wanjiru Njoya
Series: Palgrave Studies In Classical Liberalism
Edition: 1
Publisher: Palgrave Macmillan
Year: 2021
Language: English
Commentary: TruePDF
Pages: 275
Tags: Heterodox Economics; Law And Economics; Social Justice, Equality And Human Rights
Foreword
Preface
Contents
1 Introduction
1.1 Justice and Public Reason
1.2 Philosophical Diversity
1.3 The Landscape of Classical Liberalism
1.4 Premises of the Argument
1.5 Overview of the Book
2 Liberalism and Equality
2.1 From Formal to Substantive Equality
2.2 From Equality to Equity
2.3 Rawlsian Impartiality and Room for Debate
2.4 Warring Liberals
2.5 Legislating for Racial Equality
2.6 The Politics of Envy
2.7 The Virtue of Individualism
3 Racial Diversity, Discrimination and Prosperity
3.1 Safety First and ‘Zero Tolerance’ of Racism
3.2 Historical Grievance, Vulnerability and Victimhood
3.3 Discrimination and Causation
3.4 Causes of Inequality
4 The Scope of Equality Legislation
4.1 Non-Discrimination in Employment
4.2 Affirmative Action, Quotas and Targets
4.3 Is There a ‘Right’ Not to Be Discriminated Against?
4.4 The Distinction Between Public and Private Life
4.5 Discrimination in the Private Sphere
4.6 Fairness in Employment
5 Free Markets and Economic Progress
5.1 Relative Inequality and Rising Prosperity
5.2 A Defence of Economic Freedom
5.3 Opportunity Through Free Markets
5.4 Market Failures
5.5 Moral Emotionalism and Legislative Mandates
5.6 Inequality Through Law
5.7 Rational Discrimination
5.8 Knowledge and Costs of Decision-Making
6 Conclusion
Bibliography
Index