Preface xiii
Prologue 1
1 The Crisis of Equal
Opportunity 7
The New Crisis
Equality of Group Results
Affirmative
Action The Soft Sell
The Appearance
of Justice
A Preview of the
Book
2 Quotas and Goals A
Distinction Without a Difference 19
The Allure of a
Painless Morality
Quotas
Masquerading as Goals
Majorities and
Highwaymen
3 The Case Against Affirmative
Action 28
Putting the Past
Behind Us
But Is It Too
Soon
A Matter of
Perspective
Compensatory
Action A White Perspective
4 Turning Crimes into
Misdemeanors 36
Being Poor and
Being Black in America
A Nation of
Minorities
Objectifying
Racism
Neutralizing
Racism
Historicizing
Racism
Being Black and
Being White in America
5 Reverse Discrimination 48
Preference and
Discrimination
Is Winning
Enough
Explaining Away
the Effects of Prejudice
Getting Upset
About Racial Preference
Whatevers Fair
Whos Sitting in
Whose Place
The Sins of the
Fathers
Free Lunch at
the Moral Counter
Moral
Indignation as a Scarce Resource
6 White Paternalism and Black
Self Image 64
A Stigma of
Backwardness
Affirmative
Action Prop or Foundation
A Sense of
Dignity
Beyond
Paternalism
7 But Some Are More Equal than
Others 72
Rich or Poor
Irrespective of
Faith or Color
The Right of
Every Individual
Negroes Are
Treated Fairly
Sweeping Racism
Under the Rug
8 Color Blindness and the
Constitution 81
Honor Among
Thieves and the Dishonor of Thievery
From Plessy to
Brown
Color Blind
Racism
Color Blind Law
in a Color Conscious Society
Whatevers
Constitutional
The Rank of a
Mere Citizen
Equal Protection
A Mask for Privilege
Race Conscious
Injuries Require Race Conscious Remedies
9 It Is a Constitution We Are
Expounding 101
Because Men
Think Themselves Equal
In Bondage to
the Whole White Race
To Save a White
Mans Union
A Standard
Maxim for a Free Society
The Sabotage of
Beneficent Legislation
A Common
Government of All
10 Meritocracy Efficiency and
Opportunity 115
Efficiency For
What and for Whom
Survival of the
Unfit
Social
Darwinism and Plessy v Ferguson
From Social Darwinism
to Meritocracy
Elitism and
Equal Opportunity
The Cult of
Efficiency
The Elite of
Intellect
From Natural
Laws to IQ Tests
11 Social Darwinism Revisited
134
Meritocracy or
Effortocracy
Industry
Economy and Virtue
The True System
The Moral
Economy of Pluck
The Obsession
with Luck
Pluck and Luck
From Character
to Personality
Through Free
and Universal Education
Silencing the
Forces of Populist Equality
The
Domestication of Equality
Beyond
Affirmative Action
12 Meritocracy and Racism 153
Meritocracy
Inequality as Principle
Meritocracy
Cultural Determinism and Racism
Meritocracy The
Fear of Populism
The Elite of
Merit Whiz Kids as Moral Cripples
The Nonelite
Fear of Equality
The
Meritocratic Limits of Affirmative Action
13 Toward an Ethnic Feudalism
168
Race and the
Politics of Interest Group Pluralism
An Ethnic Pork
Barrel
The Politics of
a Confused Principle
Putting the
Emphasis on Equal
Ethnic Group
Feudalism Without Affirmative Action
The Necessity
for Putting First Things Second
14 The Crisis of Democratic
Legitimacy 186
The Passion of
Compassion
Compassion and
the Capitalist Ethic
From Capitalism
to Interest Group Liberalism
It Might Happen
to You
The Death of
Sympathy
The Rediscovery
of Sympathy
15 The Land of Equality 200
Formal Equality
and Unlimited Liberty
Equality as a
Revolutionary Ideal
The Aristocracy
of Paper and Patronage
A Pleasing
Uniformity of Decent Competence
Are Men Equal
Equality as
Moral Choice
16 The Choice of Equality 214
Choose Equality
And Flee Greed
Epilogue 228
Notes 235
Table of Cases 273
Index 275