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Purview and Permissibility: The Site of Justice and the Case of Private Racial Discrimination
If there is a “basic structure objection” (BSO) to G.A. Cohen’s incentive critique
of Rawls, then there is also a BSO to claims that private racial discrimination thwarts
social justice by reducing the opportunity of its targets. In this paper, I take up the debate
about the site or purview of justice and discuss it with reference to the case of race. I
argue that the dispute about the site of justice has been wrongly understood as a dispute
about the substantive requirements of justice instead of as a dispute about where it is
appropriate to apply considerations of justice.
Keywords: Rawls; G.A. Cohen; site of justice; basic structure; institutionalism; individualism;
racial discrimination
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