公正としての正義とアファーマティブ・アクション

抄録

　Although Rawls never addressed the issue of affirmative action in his writings, remedying the discrimination-related disadvantages that influence people’s life chances will also likely fall within the purview of justice. This paper discusses the implications of his theory for affirmative action, its justification, and the extent to which it is justified in the framework of justice as fairness. 　Rawls mainly focuses on ideal theory. He works out the principles of justice under the assumption that people comply with the demands of justice and that favorable circumstances hold, while affirmative action is a problem for a nonideal society. In the framework of justice as fairness, affirmative action is addressed under the principle of equality of opportunity（EO）. Formal EO and fair EO together require that people develop their talents regardless of the social circumstances to which they are born. They compete for offices and positions under fair conditions, and motivated, qualified individuals acquire the positions. However, under nonideal circumstances, there are entrenched injustices that hinder the realization of such an ideal. Under nonideal circumstances, principles of ideal theory serve as a guide to a fully just society. It is often claimed that affirmative action is incompatible with fair EO, as it requires differential treatment based on group membership, while fair EO focuses on the qualifications of individuals. By discussing criticisms of affirmative action, I will argue that affirmative action in the form of preferential treatment is justified as a transitional measure to remedy systematic group disadvantages and realize the fair EO ideal. As Rawls’s democratic equality aims not for a meritocratic society but for one in which people can relate as equals, the criticism that affirmative action policies stigmatize the targets of affirmative action can also be answered.