Bernard Boxill contends that selection for
positions based on personal qualities is justifiable. It is not regarded
as discrimination to select people for certain positions when their talents
are suited to the position.
Boxill considers two liberal principles, an
egalitarian principle and a principle of responsibility, as a possible
basis for avoiding discrimination. He rejects both, but he puts in their
place a standard of community need and defends a color-conscious policy.
According to the egalitarian principle, people should be treated equally
regardless of the color of their skin. Policies should be color-blind.
The principle of responsibility holds that
people should not be discriminated against for conditions they did not
choose—that is, for which they are not responsible. Black persons did not
choose the color of their skin, for example, so they should not be discriminated
against on the basis of skin color.
Boxill maintains that intent counts in moral
evaluation. He finds neither the egalitarian principle nor the principle
of responsibility relevant for questions of justice.
In support of his claims, Boxill argues that
surgeons are chosen on the basis of conditions they did not choose. A person
with quick fingers would make a better surgeon than a person who lacks
quick fingers or a person with no fingers at all. Discrimination cannot
plausibly be charged against those who favor those with quick fingers but
refuse to admit into medical school a person with no fingers.
The measure of what is just, Boxill contends, must
take into account service to the community. Persons whose conditions make
them better surgeons are justifiably chosen for the position of surgeon.
Whether a person chose to have quick fingers or no fingers is not relevant
to the question of justice in the selection of medical school candidates.
If the color of the doctors’ or lawyers skin means
that the black community will more fully utilize their medical or legal
services, blacks should be given preference for medical and law schools.
In this instance, a color-conscious policy can be justified.