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UBC Theses and Dissertations

The subjection of women today Wendell, Susan Dorothy 1976

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THE  SUBJECTION  OF  WOMEN  TODAY  by SUSAN  DOROTHY  WENDELL  B.A., S t a t e U n i v e r s i t y o f New York a t Stony Brook, 1967.  A  THESIS THE  SUBMITTED  IN  REQUIREMENTS DOCTOR  PARTIAL FOR  OF  THE  FULFILLMENT DEGREE  OF  PHILOSOPHY  in THE  FACULTY  OF  GRADUATE  STUDIES  The Department o f P h i l o s o p h y  We accept t h i s t h e s i s as conforming to the r e q u i r e d  THE  UNIVERSITY  OF  August,  (o)  standard  BRITISH  COLUMBIA  1976  Susan Dorothy Wendell, 1976  OF  In p r e s e n t i n g t h i s t h e s i s  in p a r t i a l  f u l f i l m e n t o f the requirements  an advanced degree at the U n i v e r s i t y of B r i t i s h C o l u m b i a , I agree the L i b r a r y I further  s h a l l make i t f r e e l y  available for  agree t h a t p e r m i s s i o n f o r e x t e n s i v e  r e f e r e n c e and copying of t h i s  It  i s understood that copying or  thesis  permission.  Department  of  The U n i v e r s i t y o f B r i t i s h Columbia  2075 Wesbrook P l a c e Vancouver, Canada V6T 1W5  Date  flpMk^  C,,  /f  7£ .  or  publication  o f t h i s t h e s i s f o r f i n a n c i a l g a i n s h a l l not be a l l o w e d without my written  that  study.  f o r s c h o l a r l y purposes may be g r a n t e d by the Head of my Department by h i s r e p r e s e n t a t i v e s .  for  ii  THE  SUBJECTION  OF  WOMEN  TODAY  ABSTRACT  In The S u b j e c t i o n 'all  o f Women, John S t u a r t M i l l proposed  h o n o u r a b l e employments'  qualifies  and the t r a i n i n g and e d u c a t i o n  one f o r them be made as f r e e l y  Today f e m i n i s t s  c a l l for equality  I examine  o f o p p o r t u n i t y i n employment and  I analyze of  of  equality  of  o f measures  education'  and t o e l i m i n a t e  Then I argue t h a t  the matter  of  as I d e f i n e  it,  their psychological  i s necessary demands,  traits  sex p r e j u d i c e  G i v i n g boys  includes  or d e s i r e s .  treating  development,  e i t h e r sex more than the o t h e r t o develop psychological  require  and g i r l s from our  the b e s t i n t e r p r e t a t i o n o f J . S .  p r o p o s a l s r e q u i r e s the same measures. early education,'  they  c e r t a i n common and good u t i l i t a r i a n c r i t e r i a  e q u a l employment o p p o r t u n i t y r e q u i r e us to g i v e boys  society.  and the  opportunity.  to determine what s o r t s  I show t h a t  ' t h e same e a r l y  it  proposals  In my  the m e r i t a r i a n and the v a r i o u s u t i l i t a r i a n c r i t e r i a  equal opportunity  us t o t a k e .  gave i n h i s e s s a y .  the i m p l i c a t i o n s o f b o t h M i l l ' s  comparable modern g o a l ,  that  open to women as to men.  e d u c a t i o n f o r many o f the same reasons M i l l thesis  that  and g i r l s  'the  same  them the same i n not  influencing  or n o t t o develop  particular  E l i m i n a t i n g sex p r e j u d i c e ,  to s o l v i n g the problem o f d e - f a c t o among o t h e r t h i n g s ,  i.e.  Mill's  I  contend,  sex d i s c r i m i n a t i o n ;  that we come to v a l u e p e o p l e ' s  activities,  achievements, happiness  '.according  and r e g a r d l e s s  I further education' endanger  and t r a i t s  of t h e i r  argue t h a t  to t h e i r  contributions  sex.  i f we t r y to b r i n g about  'the  b e f o r e we have d e a l t w i t h our sex p r e j u d i c e ,  t h e female p s y c h o l o g i c a l  to human  traits  and many o f t h e  same  we w i l l special  c o n t r i b u t i o n s t o human h a p p i n e s s h i t h e r t o made by women. conclude t h a t we s h o u l d f i r s t take whatever equality  cast off  our sex p r e j u d i c e  f u r t h e r s t e p s are n e c e s s a r y  of opportunity  to f i l l  early  I and then  t o g i v e women and men  any u s e f u l r o l e i n  society.  iv  CONTENTS  CHAPTER  1  THE  CHAPTER  2  EQUALITY OF  OPPORTUNITY . .. ......................  CHAPTER  3  THE  OF  CHAPTER  4  DIFFICULTIES .  CHAPTER  5  EQUALITY OF  BIBLIOGRAPHY  APPENDIX  :  SUBJECTION OF  PROBLEM  DE  WOMEN ... • • • . •. ................  FACTO  OPPORTUNITY  ................  DISCRIMINATION  •.  AGAIN  ...  18  97  - 128  ......... 156  160  162  1  V  ACKNOWLEDGMENTS  I thank my a d v i s o r , Don Brown, f o r h i s e x c e l l e n t his. constant  encouragement.  c r i t i c i s m and  Many o f the i d e a s i n my t h e s i s  arose  from our d i s c u s s i o n s . I a l s o thank Jonathan B e n n e t t , helpful  suggestions  I am g r a t e f u l  Ed Levy and Bob Hadley f o r  i n the p r e p a r a t i o n of the f i n a l v e r s i o n . to the Canada C o u n c i l and the U n i v e r s i t y o f  B r i t i s h Columbia f o r f i n a n c i a l a s s i s t a n c e  d u r i n g my s t u d i e s .  their  DEDICATION  To my mother, the l a t e Dorothy Powell Wendell and my grandmother, the l a t e J e s s i e Warren Wendell  vii  PREFACE  Much o f what John S t u a r t M i l l s a i d i n The S u b j e c t i o n o f Women i s c l o s e l y r e l a t e d t o c u r r e n t p o l i t i c a l debate about women's l i b e r a t i o n . Of a l l t h e p r o p o s a l s f o r change t h a t M i l l p u t f o r t h i n h i s essay, t h e ones which remain most p r o b l e m a t i c have t o do w i t h women's e d u c a t i o n and  t h e i r access to employment.  He c a l l e d f o r opening  ' a l l honourable  employments' and t h e t r a i n i n g and e d u c a t i o n which q u a l i f i e s one f o r them as f r e e l y t o women as t o men.  Today many o f us a r e t r y i n g t o  c r e a t e the c o n d i t i o n s which w i l l g i v e women e q u a l o p p o r t u n i t y w i t h men i n employment and e d u c a t i o n . • In of  t h e pages t h a t f o l l o w , I show t h a t b o t h M i l l ' s prpposed  e d u c a t i o n and o c c u p a t i o n s as f r e e l y t o women as t o men and good  utilitarian  c r i t e r i a o f e q u a l i t y o f o p p o r t u n i t y i n e d u c a t i o n and  employment r e q u i r e us t o g i v e boys and g i r l s and  opening  t o e l i m i n a t e sex p r e j u d i c e from s o c i e t y .  the need f o r t h e measures I c a l l  'the same e a r l y e d u c a t i o n ' Although M i l l  anticipated  'the same e a r l y e d u c a t i o n , ' he d i d n o t  a n t i c i p a t e t h e need f o r g e t t i n g r i d o f s e x p r e j u d i c e .  Most f e m i n i s t s  today r e c o g n i z e the importance  o f 'the same e a r l y e d u c a t i o n , ' b u t much  c o n t r o v e r s y among us surrounds  t h e problem o f sex p r e j u d i c e .  In  feminist p o l i t i c s  we s e e a c l a s h between those who favour  e q u a l i t y o f o p p o r t u n i t y f o r women to do what men now do and those who insist  t h a t g r e a t e r changes s h o u l d be made i n o r d e r t o p u t t h e  proper emphasis on the t r a d i t i o n a l a c t i v i t i e s  and achievements o f women  viii  and the female c h a r a c t e r t r a i t s . those who urge g r e a t e r changes.  I take a p o s i t i o n oh the s i d e of I argue t h a t we must r i d  o u r s e l v e s o f the sex p r e j u d i c e which c o n s i s t s  i n undervaluing  women's work and the female t r a i t s b e f o r e we attempt girls  to g i v e boys and  ' t h e same e a r l y e d u c a t i o n , ' or we w i l l endanger the  c o n t r i b u t i o n s women make to human h a p p i n e s s .  special  Ironically,  even  g i v i n g women e q u a l i t y of o p p o r t u n i t y w i t h men to do what men do now r e q u i r e s the removal of sex p r e j u d i c e ; . de f a c t o  for,  as I  demonstrate,  d i s c r i m i n a t i o n a g a i n s t women cannot be e l i m i n a t e d ( i n any  way a c c e p t a b l e  to u t i l i t a r i a n s ) w i t h o u t t a k i n g t h a t  sex p r e j u d i c e i s  gone,  step.  But once  the j o b s and r o l e s t h a t are accorded h i g h  s t a t u s and reward and t h a t  e q u a l i t y o f o p p o r t u n i t y makes  available  to b o t h sexes w i l l not be r e s t r i c t e d to those t h a t men now  fill.  1  Chapter 1  THE  SUBJECTION  OF  WOMEN  In h i s e s s a y , The S u b j e c t i o n of ^Women, J . S . M i l l l e g a l s u b o r d i n a t i o n of women to men.  attacked  The s p e c i f i c m a n i f e s t a t i o n s  t h i s s u b o r d i n a t i o n which he was concerned to change were the of  of  terms  the l e g a l m a r r i a g e c o n t r a c t and the b a r r i n g of women from c e r t a i n  functions  and o c c u p a t i o n s  wrong i n themselves  engaged  i n by men.  e s p e c i a l l y men, s i n c e the n e c e s s a r y change  their social institutions  equality, on the  These he s a i d were both  and important h i n d r a n c e s to human improvement.  The essay c l e a r l y had a p o l i t i c a l p u r p o s e :  to convince people  power r e s i d e d w i t h them)  (and  to  to conform to " a p r i n c i p l e o f  perfect  a d m i t t i n g no power or p r i v i l e g e on one s i d e , nor d i s a b i l i t y  other.""'"  I s h a l l b r i e f l y d e s c r i b e the s i t u a t i o n s M i l l found his  arguments a g a i n s t  his  specific  of  the  these s i t u a t i o n s  p r o p o s a l s f o r change.  objectionable,  and i n favour of change,  and  Then I s h a l l b e g i n examining one  h i s p r o p o s a l s which was not c a r r i e d out i n England or i n Canada but  has gained i n c r e a s i n g support i n r e c e n t  years.  The V i c t o r i a n M a r r i a g e C o n t r a c t : . The  legal  c o n d i t i o n s of E n g l i s h m a r r i e d women at the time  wrote were abominable. was worse than t h a t  He b e l i e v e d  of s l a v e s ,  2  that  their overall legal  and he p r o t e s t e d  these  Mill status  specific  2  a s p e c t s of the  contract:  1) The w i f e vowed l i f e l o n g obedience h e l d to i t  by  to h e r husband, and was  law.  2) She c o u l d do n o t h i n g whatever b u t by h i s p e r m i s s i o n , at  least  tacit. 3) She c o u l d a c q u i r e no p r o p e r t y f o r h e r s e l f .  Anything  gained,  even an i n h e r i t a n c e , became i p s o f a c t o h e r  and h i s  alone.  4) The sense  she  husband's  i n which a husband and w i f e were "one person i n  law" was t h a t whatever was hers was h i s , but not and t h a t he was h e l d r e s p o n s i b l e  vice-versa,  to t h i r d p a r t i e s  for her  actions. 5) A w i f e was a s l a v e h a v i n g no time o f f 6) A w i f e was  to h e r husband at a l l hours and a l l minutes, and no f i x e d  duties.  compelled to submit to s e x u a l r e l a t i o n s w i t h her  husband at h i s  will.  7) A woman had no l e g a l r i g h t s w i t h r e s p e c t They were by law t h e i r f a t h e r ' s 8) With r e s p e c t a) I f  to  to her c h i l d r e n .  c h i l d r e n , and o n l y h i s .  separation,  a woman l e f t  her husband, she c o u l d take n e i t h e r her  c h i l d r e n n o r any m a t e r i a l goods b) A man might compell h i s w i f e law or by p h y s i c a l  whatever.  t o r e t u r n t o h i m , e i t h e r by  force.  c) A man might l e g a l l y a c q u i r e d by h i s w i f e  seize  any e a r n i n g s  during t h e i r  or o t h e r  separation.  property  3  8)  d) Only a separation by court decree e n t i t l e d a woman to remain apart from her husband and to use her own earnings, and i t was given only at considerable expense and only i n cases of desertion ordextreme c r u e l t y . 9) A woman who brought charges of b r u t a l i t y against her husband T  was returned to h i s custody. Of course these conditions were not s p e l l e d out and.assented to (except f o r the f i r s t ) by those who entered i n t o a marriage contract; they were the r e s u l t s of various kinds of court proceedings,  the sorts  of things well-known to lawyers but probably r a r e l y thought of, except i n times of c r i s i s , by the people bound to them.  And M i l l r e a d i l y  admitted that the a c t u a l treatment of most women by t h e i r husbands was far b e t t e r than that which the law allowed. The B a r r i n g of Women from P u b l i c Functions and from P r o f e s s i o n a l Occupations: E n g l i s h women d i d not have the vote when M i l l wrote The Subjection of Women, nor could they run f o r Parliament or hold p u b l i c o f f i c e . The most l u c r a t i v e and p r e s t i g i o u s professions were closed t o them by a number of f a c t o r s : poor e a r l y education, lack of f i n a n c i a l backing, and lack of opportunity to .apprentice were prominent.  But when two  women went so f a r as t o become doctors and demanded to be l i c e n s e d , the s o c i e t i e s and colleges which governed the professions made r u l e s to exclude women from q u a l i f y i n g examinations and l i c e n s i n g , and the  4  U n i v e r s i t i e s decided to deny them p r o f e s s i o n a l t r a i n i n g .  The issues  of women's admission to men's professions were very hot i n 1869. M i l l ' s Arguments For convenience i n summarizing them, I place M i l l ' s arguments i n four categories: F i r s t , M i l l presented a number of arguments that the r e s t r a i n t s on women were not required by the general good, i n c l u d i n g : 3. 3„That there was no experience were required by the general good.  on which to base the b e l i e f that they Since no other system of r e l a t i o n s  between the sexes but the subordination of women had been t r i e d , there was no a v a i l a b l e evidence that i t was the most conducive to the happiness of women and men.^ b.  That women need not be prevented from doing what they -j cannot do,  e i t h e r f o r t h e i r own good or f o r the good of others;  and that open  competition would protect society from women's incompetence i n the professions and i n p u b l i c office."' c.  That women could be given the vote on the same conditions and  with the same l i m i t s that applied to men, so that t h e i r p o s s i b l e incompetence to govern would not harm s o c i e t y . ^ d.  That women would s t i l l choose to perform the necessary function of  caring f o r a f a m i l y , even i f they had completely  f r e e choice of  occupation, so t h e i r v i t a l c o n t r i b u t i o n to human happiness would not be l o s t .  However, i t might be necessary to make marriage more a t t r a c t i v e  to women by improving t h e i r status i n i t .  7  5  e.  That t h e r e need n o t be an a u t h o r i t y i n m a r r i a g e . i n o r d e r f o r the  f a m i l y t o be a workable and happy a s s o c i a t i o n , j u s t as t h e r e need n o t be an a u t h o r i t y i n a b u s i n e s s p a r t n e r s h i p . Second, M i l l argued t h a t the d i f f e r e n c e s i n treatment o f men and women were n o t j u s t i f i e d by t h e d i f f e r e n c e s between them, because: a.  No one knew what the n a t u r a l d i f f e r e n c e s between the sexes  really  9 were. b.  There was good reason t o b e l i e v e t h a t p e o p l e c r e a t e d many o f t h e  d i f f e r e n c e s between men and women by t r e a t i n g the two sexes d i f f e r e n t l y . " * " ^ T h i r d , M i l l argued t h a t the e x i s t i n g l e g a l i n e q u a l i t i e s between the sexes and r e s t r a i n t s on women had some v e r y bad consequences, including: a.  That they were a source o f unhappiness t o women.  both the marriage contract  X  L  He b e l i e v e d  that  and the b a r r i n g o f women from most  12 rewarding o c c u p a t i o n s b e s i d e s m a r r i a g e many women unhappy.  had consequences which made  He a l s o b e l i e v e d t h a t t h e i r l a c k o f freedom and  independence was i n i t s e l f  ( r e g a r d l e s s o f i t s consequences)  an important  source o f unhappiness t o women."'"  3  b.  That m a r r i a g e was n o t as happy a s r e l a t i o n between the two p a r t n e r s  as i t c o u l d be, because the i n e q u a l i t i e s between the sexes and the r e s t r a i n t s on women c r e a t e d v a s t d i f f e r e n c e s between most husbands and  1.4 wives t h a t p r e v e n t e d l o n g - l a s t i n g i n t i m a t e marriage often contributed  society.  t o t h e d e t e r i o r a t i o n o f a man through  a s s o c i a t i o n w i t h t h e i n f e r i o r i n t e l l e c t and narrow wife,  And t h a t  r a t h e r than c o n t r i b u t i n g t o t h e development  interests of his o f b o t h husband  and w i f e ?  6  c.  That they had bad e f f e c t s on men's c h a r a c t e r s .  M i l l believed  that  h a v i n g almost t o t a l power over t h e i r wives tended t o make men morose and  even v i o l e n t t o t h e i r equals and t h a t t h e e x i s t i n g f a m i l y was " a  s c h o o l o f w i l f u l n e s s , o v e r b e a r i n g n e s s , unbounded s e l f - i n d u l g e n c e ,  and a  double-dyed and i d e a l i z e d s e l f i s h n e s s " f o r t h e f a t h e r , ^ and o f self-worship d.  f o r a l l t h e males."*"  7  That they had bad e f f e c t s on women's c h a r a c t e r s .  ignorant  because of t h e i r poor e d u c a t i o n  Women were  and the e a r l y  limitation  imposed on t h e i r i n t e r e s t s , which i n t u r n made them narrow-minded and 18 concerned almost e n t i r e l y w i t h t h e w e l f a r e o f t h e i r own f a m i l i e s . 19 They were unduly s e l f - s a c r i f i c i n g . S i n c e they had no l e g a l r i g h t s , many women tended t o seek whatever power they c o u l d get i n the form of i n f l u e n c e over men.  20  Their upbringing  c a l l e d "nervous s u s c e p t i b i l i t y . " conventional e.  and c o n f o r m i s t .  21  created  t h e problems M i l l  And they tended t o be o v e r l y  22  That women's power and i n f l u e n c e was o f t e n n o t t o the g e n e r a l  because o f t h e i r i g n o r a n c e , t h e i r narrow m o t i v a t i o n s ,  good,  and t h e i r  c o n v e n t i o n a l i t y , and because i t d i d n o t c a r r y r e s p o n s i b i l i t y w i t h i t . They a l s o engaged i n h a r m f u l a c t s o f c h a r i t y because they c o u l d n o t 23 appreciate f.  the value  of self-dependence.  That s o c i e t y was l o s i n g t h e b e n e f i t s o f t h e t a l e n t s and energy  of women, i n c l u d i n g the p o s s i b l e improvement i n t h e performance o f men 24 which t h e g r e a t e r c o m p e t i t i o n might s t i m u l a t e . F i n a l l y , M i l l argued t h a t t h e changes he proposed would b r i n g c e r t a i n p o s i t i v e b e n e f i t s t o men and women, i n c l u d i n g :  7  a.  That the s u f f e r i n g s  of many i n d i v i d u a l wives because  their  husbands 25  abuse t h e i r power over them would be reduced by r e d u c i n g t h a t b.  That the bad m o r a l a n d ' p s y c h o l o g i c a l  especially  males,  removed (see c.  influence  of the l e g a l i n e q u a l i t i e s between 26 c and d immediately above).  That " t h e mass of f a c u l t i e s  available  on  power.  everyone,  the sexes would be  f o r the h i g h e r s e r v i c e  of  humanity" would be d o u b l e d . d.  That  the b e t t e r  e d u c a t i o n of women and t h e i r consciousness  t h e i r own independence  and c h o i c e of a c t i v i t i e s  immense expansion of women's 28 concerns. e. That women's  influence  faculties  i n society  of  would produce an  and of the range o f t h e i r m o r a l  would be more to the  general  29 good i f f.  they were  well-educated.  That marriage c o u l d be a s o l i d f r i e n d s h i p , which was not  so long as men and women were so d i f f e r e n t in rights. g.  the s p e c i e s ;  gain i n p r i v a t e happiness  the d i f f e r e n c e  w i l l of o t h e r s ,  and a l i f e  The P r o p o s a l s f o r  to them between  of r a t i o n a l  course i t  a life 30  of subjection  to  of the  freedom."  recommendations  access to o c c u p a t i o n s ,  b e i n g allowed t o h o l d p u b l i c o f f i c e M i l l believed  to the l i b e r a t e d h a l f  Change  M i l l made s p e c i f i c  m a r r i a g e , women's  Of  and so unequal  M i l l d e s c r i b e d h i s i d e a l o f m a r r i a g e on page 93.  "The unspeakable  J.S.  in interests  possible  f o r change w i t h r e g a r d  women's  education,  to  and t h e i r  and to v o t e .  t h a t m a r r i a g e s h o u l d be a p a r t n e r s h i p o f  equals.  i s one t h i n g to say t h a t m a r r i a g e 'should be a p a r t n e r s h i p  8  of equals, and another to say what that means i n terms of law. Scattered throughout Chapter I I of The Subjection of Women are M i l l ' s ideas of the l e g a l preconditions of e q u a l i t y i n marriage: 1. That p h y s i c a l compulsion be eliminated by making convictions 31 of personal violence grounds f o r l e g a l separation. 2. That the l e g a l compulsion on the w i f e to obey her husband be eliminated, and that no d i v i s i o n of powers between spouses 32 be predetermined by law. 3. That each be allowed to own whatever property would be his/hers 33 i f they were not married and to have complete c o n t r o l over i t . 4. That women be e n t i t l e d to pursue any honourable occupations open to men. The f o l l o w i n g passage shows that he considered condition #4 necessary to e q u a l i t y i n marriage: The power of earning i s e s s e n t i a l to the d i g n i t y of a woman, i f she has not independent property. But i f marriage were an equal contract, not implying the o b l i g a t i o n of obedience; i f the connexion were no longer enforced to the oppression of those to whom i t i s purely a mischief, but a separation on j u s t terms (I do not now speak of a d i v o r c e ) , could be obtained by/any woman who was morally e n t i t l e d to i t ; and i f she would then f i n d a l l honourable employments as f r e e l y open to her as to men; i t would not be necessary f o r her p r o t e c t i o n , that during marriage she should make t h i s p a r t i c u l a r use of her f a c u l t i e s . 3 4 I think the passage shows that M i l l was conscious of the p o s s i b i l i t y of f i n a n c i a l compulsion, i . e . that a woman might have t o obey her husband because he was necessary to her economic s u r v i v a l .  To  eliminate f i n a n c i a l compulsion, i t would be necessary f o r women to be able to support themselves, and so M i l l was concerned that women have  9  access to employment.  He d i d not b e l i e v e i t was necessary f o r women  to exercise t h e i r employment opportunities i n order f o r marriage t o be an equal partnership.  I n f a c t , he d i d not think i t d e s i r a b l e  for married women to work f o r income. In an otherwise j u s t s t a t e of things, i t i s not ... I t h i n k , a d e s i r a b l e custom, that the w i f e should contribute by her labour to the income of the family.35 M i l l spoke of making a l l honourable employments as f r e e l y open to women as t o men.  }  He a l s o described h i s proposals with regard to  employment and education as:  "... the opening t o them of a l l  honourable employments, and of the t r a i n i n g and education which 36 q u a l i f i e s f o r those employments ... " and "... g i v i n g t o women the free use of t h e i r f a c u l t i e s , by l e a v i n g them the free choice of t h e i r employments, and opening to them the same f i e l d of occupation and the 37 same p r i z e s and encouragements as to other human beings."  I n the  f o l l o w i n g passage he appears to have been proposing r a d i c a l changes i n the education which comes before the time f o r choosing an occupation: Women i n general would be brought up equally capable of understanding business, p u b l i c a f f a i r s , and the higher matters of s p e c u l a t i o n , with men i n the same class of s o c i e t y ; and the s e l e c t few of the one as w e l l as of the other sex, who were q u a l i f i e d not only t o comprehend what i s done or thought by others, but t o think or do something considerable themselves, would meet with the same f a c i l i t i e s f o r improving and t r a i n i n g t h e i r c a p a c i t i e s i n the one sex as i n the other.38 As to women's being allowed t o hold p u b l i c o f f i c e , M i l l s a i d : And i n the case of p u b l i c o f f i c e s , i f the p o l i t i c a l system of the country i s such as t o exclude u n f i t men, i t w i l l equally exclude u n f i t women: while i f i t i s not, there i s no a d d i t i o n a l e v i l i n the f a c t that the u n f i t persons whom i t admits may be e i t h e r women or men. As long therefore as i t i s  10  acknowledged that even a few women may be f i t f o r these d u t i e s , the laws which shut the door on those exceptions cannot be j u s t i f i e d by any opinion which can be held respecting the c a p a c i t i e s of women i n g e n e r a l . ^ He recommended " t h e i r r e c o g n i t i o n as the equals of men i n a l l that belongs to c i t i z e n s h i p , " ^ and t h i s of course included the r i g h t to vote. For M i l l the enfranchisement of women was a very important part of the measures necessary to e l i m i n a t e t h e i r s u f f e r i n g .  He d i d not  b e l i e v e that h i s other suggested changes i n law were s u f f i c i e n t .  He  expressed t h i s a t t i t u d e i n a l e t t e r to Florence N i g h t i n g a l e i n 1867. She had asked him why women's suffrage was of higher p r i o r i t y than l e g i s l a t i o n to remove some of women's other d i s a b i l i t i e s .  He r e p l i e d :  God knows I do not undervalue these m i s e r i e s ; f o r I think that r -?". man, and woman too, a h e a r t l e s s coward whose blood does not b o i l at the thought of what women s u f f e r ; but I am quite persuaded that i f we were to remove them a l l tomorrow, i n ten years new forms of s u f f e r i n g would have arisen; f o r no e a r t h l y power can ever prevent the constant unceasing unsleeping e l a s t i c pressure of human egotism from weighing down and t h r u s t i n g aside those who have not the power to r e s i s t i t ... and ... new circumstances w i l l constantly be a r i s i n g , f o r which fresh l e g i s l a t i o n w i l l be needed. And how are you to ensure that such l e g i s l a t i o n w i l l be j u s t , unless you can e i t h e r make men p e r f e c t , or give women an equal voice i n t h e i r own a f f a i r s ? I leave you to judge which i s the easier. 4 x  Furthermore, M i l l b e l i e v e d that the enfranchisement of women was the quickest way to improving t h e i r education.  In a l e t t e r  to Florence May i n 1868, he expressed t h i s b e l i e f and argued f o r i t : How very q u i c k l y p u b l i c a t t e n t i o n to the education of a class follows upon opening the franchise t o that class we have a l l of us seen w i t h i n the l a s t year i n the sudden and u n i v e r s a l i n t e r e s t i n the education of the poortwhich has followed upon our new Reform B i l l . 4 2  11  In the same l e t t e r he pointed out to her that the lack of a vote was an important b a r r i e r to many careers.  Appointments given out by  p o l i t i c i a n s (e.g. postmaster or telegraph clerk) were n a t u r a l l y given to v o t e r s , who could repay the kindness at e l e c t i o n time.  Parliament  decided the r u l e s f o r entry i n t o the professions, and M i l l believed that so long as Parliament consisted of men only, elected by men only, these rules would j e a l o u s l y guard the professions from women. Of a l l M i l l ' s proposed changes, the ones that remain most incomplete and c o n t r o v e r s i a l i n present-day North America (and England) are those having to do w i t h employment and education. now turn my a t t e n t i o n e n t i r e l y to these proposals.  I shall  I n the r e s t of  t h i s chapter I s h a l l show what M i l l hoped to accomplish by them.  In  the next chapter I s h a l l begin to examine t h e i r i m p l i c a t i o n s and t h e i r r e l a t i o n s h i p to the modern demand f o r e q u a l i t y of opportunity. M i l l had s e v e r a l goals i n mind when he urged the adoption of h i s reforms i n women's p o s i t i o n w i t h regard to employment and education. F i r s t , as we already know, he wanted to give women the power of earning he believed was necessary  to t h e i r d i g n i t y and e q u a l i t y i n marriage.  Second, he wanted go give women t h e i r choice of work so that none would be forced to be miserable i n unsuitable work or to s u f f e r the sense of a wasted l i f e . There i s nothing, a f t e r disease, indigence, and g u i l t , so f a t a l to the pleasurable enjoyment of l i f e as the want of a worthy o u t l e t f o r the a c t i v e f a c u l t i e s . ^ 3  12  M i l l believed that caring f o r a family i s generally s u f f i c i e n t occupation care;  f o r a woman during that time when her c h i l d r e n need her  and t h i s b e l i e f i s , I think, a measure of h i s respect f o r the  importance of the s e r v i c e s that wives and mothers perform and f o r the d i f f i c u l t y of t h e i r tasks.  He drew the a t t e n t i o n of h i s readers to  those women who want to but never do marry, to those who have no c h i l d r e n or whose c h i l d r e n are grown-up and do not need to be f o r , and f i n a l l y to those who r a i s i n g a family.  cared  prefer to f o l l o w some other occupation  These women, need and want to do something u s e f u l and  important and s u i t a b l e to them,  He described the needless i n j u s t i c e  of t h e i r s i t u a t i o n : The injudiciousness of parents, a youth's own inexperience, or the absence of e x t e r n a l opportunities f o r the congenial vocation, and t h e i r presence f o r an uncongenial, condemn numbers of men to pass t h e i r l i v e s i n doing one thing r e l u c t a n t l y and i l l , when there are other things which they could have done w e l l and happily. But on women t h i s sentence i s imposed by a c t u a l law, and by customs equivalent to law. What, i n unenlightened s o c i e t i e s , colour,rrace, r e l i g i o n , or i n the case of a conquered country, n a t i o n a l i t y , are to some men, sex i s to a l l women: a peremptory exclusion from almost a l l honourable occupations, but e i t h e r such as cannot be f i l l e d by others, or such as those others do not think worthy of t h e i r a c c e p t a n c e . ^ Third, he wanted to give everyone i n s o c i e t y the f u l l b e n e f i t of women's t a l e n t s and  than  energies.  Mental s u p e r i o r i t y of any kind i s at present everywhere so much below the demand; there i s such a d e f i c i e n c y of persons competent to do e x c e l l e n t l y anything which i t requires any considerable amount of a b i l i t y to do; that the l o s s to the world, by r e f u s i n g to make use of one-half of the whole, quantity of t a l e n t i t possesses, i s extremely serious.  13  This t h i r d goal was to be reached p a r t l y by improving women's education: This great accession to the i n t e l l e c t u a l power of the species, and to the amount of i n t e l l e c t a v a i l a b l e f o r the good management of i t s a f f a i r s , would be obtained, p a r t l y , through the b e t t e r and more complete i n t e l l e c t u a l education ^ of women, which would then improve p a r i passu w i t h that of men. And f o u r t h , he wanted to maintain, f o r the b e n e f i t of s o c i e t y , a system of competition f o r jobs on the basis of q u a l i f i c a t i o n s alone. To ordain that any k i n d of persons s h a l l not be p h y s i c i a n s , or s h a l l not be advocates, or s h a l l not be Members of Parliament, or s a i s t o i n j u r e not them only, but a l l who employ physicians or advocates, or e l e c t Members of Parliament, and who are deprived of the s t i m u l a t i n g e f f e c t of greater competition on the exertions of the competitors, as w e l l as r e s t r i c t e d to a narrower range of i n d i v i d u a l choice.47  CHAPTER 1.  1 John Stuart M i l l , The Subjection of Women, Cambridge, Massachusetts, M.I.T., 1970, p.3. • A l l references are to t h i s e d i t i o n . 2 I b i d . , pp. 31-33. 3 For a much f u l l e r explanation of t h i s s i t u a t i o n , see Appendix: "Women and the Professions i n M i l l ' s England." 4 I b i d . , p. 6. 5 I b i d . , p. 27. 6 I b i d . , pp. 53 and 53. 7 i b i d . , pp. 28, 29 and 51.  More on t h i s l a t e r .  8 I b i d . , pp. 39-42. 9 I b i d . , p. 22. 10 I b i d . , .pp. 22, 23 and 68-78. 11 I b i d . , pp. 32-37 and 79. 12 I b i d . , pp. 98-100. 13 I b i d . , pp. 95 and 96. 14 I b i d . , pp. 92 and 93.  CHAPTER  15  Ibid., pp. 94 and 9 5 .  16 Ibid.,  p. 37.  Ibid.,  p. 81.  18 Ibid.,  p. 39.  17  19 Ibid.,  p. 42.  Ibid.,  p. 43.  Ibid.,  p. 60.  20  21  22 I b i d . , p. 89. 23 Ibid.,  pp.  86-91.  24 I b i d . , , p p . 51, 52 and 82. 25 Ibid.,  p. 79.  26 I b i d . , pp.  80-82.  27 Ibid.,  p. 82.  Ibid.,  pp. 83 and 84.  Ibid.,  p. 84.  28  29  CHAPTER 1  30 I b i d . , p. 95. 31 I b i d . , p. 36. 32 I b i d . , pp. 39, 40 and 48. 33 I b i d . , p. 47. 34 I b i d . , p. 48. 35 I b i d . , p. 48 36 I b i d . , p. 80 37 I b i d . , p. 82. 38 I b i d . , p. 83. 39 I b i d . , p. 53. 40 I b i d . , p. 80. 41 The flater L e t t e r s of John Stuart M i l l 1848-1873, ed. F.E. Mineka and D.N. L i n d l e y , Toronto, 1972, L e t t e r 1169, December 31, 1867. 42 I b i d . , L e t t e r 1209, a f t e r March 22, 1868. 43 M i l l , The Subjection of Women, pp. ci't., p. 98. 44 I b i d . , p. 100.  CHAPTER  45 Ibid., p.  83.  lb i d . , p.  83.  Ibid., p.  52  46 47  18  Chapter 2 EQUALITY  OF OPPORTUNITY  We have seen that J.S. M i l l s t r o n g l y advocated c e r t a i n p o l i c i e s with regard to women's access t o occupations:  that a woman should  " f i n d a l l honourable employments as f r e e l y open to her as to men"; "the opening to them of a l l honourable employments, and of the t r a i n i n g and education which q u a l i f i e s f o r those employments"; and "opening t o them the same f i e l d of occupation and the same p r i z e s and encouragements as t o other human beings".  As f e m i n i s t p o l i t i c a l  debate since that time has shown, there i s a great deal of room f o r disagreement about the necessary and s u f f i c i e n t conditions f o r employments, education, etc., being "open" to women or "as f r e e l y open... as t o men."  But we know from the previous chapter that M i l l  had c e r t a i n goals i n advocating these p o l i c i e s which can help us i n t e r p r e t them.  He wanted:  A) t o give women the power of earning  necessary t o t h e i r d i g n i t y and e q u a l i t y i n marriage, B^ t o give women t h e i r choice of work so that none would be forced to be miserable i n unsuitable work or to s u f f e r the sense of a wasted l i f e , C) to give everyone i n s o c i e t y the f u l l b e n e f i t of women's t a l e n t s and energies, D) to maintain, f o r the b e n e f i t of s o c i e t y , a system of competition f o r jobs on the b a s i s of q u a l i f i c a t i o n s alone.  19  These goals might e a s i l y be those of anyone advocating e q u a l i t y of opportunity f o r women today. of e q u a l i t y of opportunity.  And M i l l was c a l l i n g f o r some kind  I say some k i n d of e q u a l i t y of opportunity  because there i s so much disagreement about what counts as equal opportunity and a l s o because the meaning of M i l l ' s p o l i c i e s has not yet been made c l e a r . men"  But making jobs "as f r e e l y open to women as to  at l e a s t requires that women and men have the same l e g a l r i g h t s  of access t o them, which i s what John Rawls r e f e r s to as "formal e q u a l i t y of opportunity,""'" and what I consider the l e a s t s t r i n g e n t c r i t e r i o n of equal opportunity. As we s h a l l see i n the pages that f o l l o w , " e q u a l i t y of opportunity" i s defined i n many d i f f e r e n t ways by those who advocate i t as a p o l i c y . Although some d e f i n i t i o n s are more p l a u s i b l e than others and at l e a s t one that i s common leads us i n t o a b s u r d i t i e s , I t h i n k that any e f f o r t to show that one and only one set of c r i t e r i a f o r e q u a l i t y of opportunity i s correct would be hopeless.  I propose instead to  examine a wide range of uses of the term i n order to see what steps the proponents of equal opportunity are committed to taking by the various uses.  I w i l l show that c e r t a i n common u t i l i t a r i a n  understandings  of equal opportunity require us to give g i r l s and boys the same e a r l y education ( i n the relevant ways t o be described) i f we want to give them equal opportunity.  Then I w i l l argue that<-the best i n t e r p r e t a t i o n  of the p o l i c i e s M i l l advocated requires the same step.  Finally, I  w i l l show that to meet the common u t i l i t a r i a n c r i t e r i a o f equal opportunity r  or to carry out M i l l ' s p o l i c i e s we must eliminate sex prejudice from our society.  20  Let us begin the examination  of e q u a l i t y of opportunity w i t h  a look at the l e a s t s t r i n g e n t c r i t e r i o n . would probably be unacceptable opportunity.  I admit that t h i s c r i t e r i o n  to most people who favour equal  Few people would say that E n g l i s h women were given  equal opportunity w i t h men to become doctors when the r u l e s against t h e i r taking the examinations to obtain l i c e n s e s to p r a c t i c e were abolished;  but some people might say so.  Moreover i t i s  important to understand j u s t what defects of the l e a s t s t r i n g e n t c r i t e r i o n lead most proponents of equal opportunity to adopt more stringent c r i t e r i a .  Formulated generally, the l e a s t s t r i n g e n t  c r i t e r i o n of equal opportunity f o r women tio do x i s : that there be no rules or laws which exclude women from doing x or f o r b i d them to do x on the grounds that they are women. This c r i t e r i o n has two serious inadequacies..  F i r s t , as 2  Bernard Williams points out w i t h an example i n "The Idea of E q u a l i t y " , the members of a class A can be excluded from doing x or forbidden to do x by rules against people who have t r a i t s which are c o r r e l a t e d w i t h membership i n c l a s s A or r u l e s r e q u i r i n g t r a i t s which are i n v e r s e l y c o r r e l a t e d with membership i n c l a s s A. problem of c o r r e l a t e d t r a i t s .  I c a l l t h i s the  When we look at the various solutions  to t h i s problem we s h a l l begin t o see a great d i v e r s i t y of opinion about the necessary and s u f f i c i e n t conditions of e q u a l i t y of opportunity. The other inadequacy of the l e a s t s t r i n g e n t c r i t e r i o n i s t h i s :  21  Even i n the absence of rules or laws excluding members of class A, people can be excluded from doing x j u s t because they are members of A by those who have the power to determine who gets t o do x, unless there are r u l e s against exclusion i n p r a c t i c e . the problem of de facto d i s c r i m i n a t i o n .  I c a l l this  I n the next chapter I w i l l  show that i t should lead M i l l and other u t i l i t a r i a n s who want e q u a l i t y of opportunity to conclude that we must remove sex prejudice from our society. The problem of correlated t r a i t s . Let us look a t some examples of the problem: (a) I n 1865 the Society of Apothecaries had no r u l e against granting l i c e n s e s t o women.  But a f t e r E l i z a b e t h Garrett took the  License i n that year, the Apothecaries changed t h e i r r u l e s to exclude from l i c e n s i n g anyone who had received part of h i s / h e r medical education p r i v a t e l y .  Since women were not admitted to the medical  schools, the new r e g u l a t i o n excluded them from the p r o f e s s i o n u n t i l 3  the medical schools l e t them attend. (b) The Apothecaries might have used a d i f f e r e n t kind of r u l e to exclude women from t h e i r p r o f e s s i o n .  They might have required that  only people capable of l i f t i n g a 200-pound man be l i c e n s e d by the Society.  Although t h i s would have excluded some men, i t would  c e r t a i n l y have excluded most women. (c) The law r e q u i r i n g that doctors have formal medical education, which of course remained even a f t e r women were permitted to take licenses  22  and admitted to the medical schools, excluded most women from becoming doctors.  I t excluded a l l those who did not attend medical school,  a t r a i t f a r more highly correlated with beingsa woman than with being a man;  f o r i t was f a r more d i f f i c u l t f o r women than f o r men to get  to medical school, because o f ' t h e i r poor early education, their lack of models and encouragement,.and their lack of f i n a n c i a l backing. In a l l Canada, there were 550 female medical students enrolled for the 1967-68 term, only 12.5% of the t o t a l medical school enrollment. Everyone who desires equal opportunity f o r women, even an adherent to the least stringent c r i t e r i o n , , i s l i k e l y to be d i s s a t i s f i e d with the state of a f f a i r s i n example (a), and unlikely to claim that i t l e f t women an equal opportunity with men to become Apothecaries. Not only was the correlation between being a woman and having a private medical education complete  ( i . e . a l l women who got a medical education  had to get i t p r i v a t e l y ) , but i t was created by another set of rules the rules of the medical schools.  Thus the combination of the  Apothecaries' rule and the set of medical school rules excluded women from becoming licensed Apothecaries on the grounds that they were women. Yet notice that a person who would have been unwilling to defend or accept a rule that women may not become licensedd apothecaries^ might very well have defended each of the two rules which together excluded women:  the medical school prohibitions on grounds of modesty (the  grounds on which they were most often defended i n the Lancet - presumably  23  i t offended V i c t o r i a n m o r a l i t y f o r women to learn the functions of the human body from male teachers i n the presence of t h e i r young male colleagues), and the Apothecaries' r u l e on the grounds that examinations alone were i n s u f f i c i e n t t e s t of the q u a l i t y of one's medical education. Therefore, i n order to r u l e out ways of excluding women l i k e that presented i n example ( a ) , we must a l t e r the l e a s t s t r i n g e n t c r i t e r i o n of equal opportunity, or e l s e say that the next most s t r i n g e n t c r i t e r i o n ( i n case anyone would adhere t o the f i r s t ) i s t h i s : that there be no rules or laws arid rib combination of r u l e s or laws which exclude women from doing x or f o r b i d them to do x on the grounds that they are women. Both examples (b) and (c) are more problematic and c o n t r o v e r s i a l than example ( a ) .  Those who advocate equal opportunity f o r women  would not a l l have the same objections to the s i t u a t i o n s described i n these two examples;, some might not object at a l l to the s i t u a t i o n described i n example ( c ) .  I s h a l l use these examples t o i l l u s t r a t e  various p o s i t i o n s on the problem of correlated t r a i t s taken by those who have d i f f e r e n t d e f i n i t i o n s of e q u a l i t y of opportunity. I t i s h e l p f u l i n examining the uses of the term " e q u a l i t y of opportunity" to c l a s s i f y i t s exponents according to t h e i r reasons f o r desiring i t .  This i s p a r t l y because people's reasons f o r wanting  e q u a l i t y of opportunity a f f e c t t h e i r c r i t e r i a of i t .  There are of  course l i m i t s to what anyone can p l a u s i b l y claim to mean by " e q u a l i t y  24  of opportunity;"  and I have already maintained  s t r i n g e n t c r i t e r i o n i s one such l i m i t .  that the l e a s t  But, as we s h a l l see,  people who want e q u a l i t y of opportunity w i l l be s a t i s f i e d with d i f f e r e n t conditions depending on t h e i r reasons f o r wanting i t . Furthermore, I s h a l l argue that people w i t h c e r t a i n reasons f o r wanting i t should demanddcertain steps as necessary  conditions of i t .  Following T.D. Campbell , I consider two categories of exponents of e q u a l i t y of opportunity:  the meritarians and the u t i l i t a r i a n s .  Campbell characterises the m e r i t a r i a n as one "who sees e q u a l i t y of opportunity as part of j u s t i c e and j u s t i c e as being concerned with rewarding and punishing according to i n d i v i d u a l d e s e r t s . "  7  His/her v e r s i o n of e q u a l i t y of opportunity w i l l be determined by the f a c t that "the m e r i t a r i a n i s concerned to d i s t i n g u i s h between persons on the basis of t h e i r praiseworthiness alone, a l l other c h a r a c t e r i s t i c s , i n c l u d i n g a b i l i t y i n s o f a r as a person cannot take the c r e d i t f o r i t s development, being i r r e l e v a n t . "  Isauh B e r l i n  describes t h i s p o s i t i o n i n " E q u a l i t y . "  John Wilson a c t u a l l y holds a  version of i t i n h i s book, E q u a l i t y . "^  John Rawls"*""*" and T.D. Campbell  both o f f e r b r i e f c r i t i c i s m s of i t .  We w i l l look more c l o s e l y at the  p o s i t i o n and the c r i t i c i s m s when we see how the m e r i t a r i a n would deal w i t h the problem of c o r r e l a t e d t r a i t s and s p e c i f i c a l l y with examples (b) and ( c ) . Campbell describes the u t i l i t a r i a n who favours equal opportunity as one who wants to f i n d the best person f o r each job f o r the good of society and who may also take the long-range view of wanting to  25  develop human c a p a c i t i e s  and r a i s e the l e v e l o f c o m p e t i t i o n  for  13 p o s i t i o n s of power and p r e s t i g e . too r e s t r i c t e d .  this description  There are o t h e r u t i l i t a r i a n reasons  equal opportunity;  f o r example,  to open the p r o f e s s i o n s all  I believe  some of M i l l ' s  for  reasons  for  greater  Among those who have a u t i l i t a r i a n p o s i t i o n on e q u a l i t y 14 Tawney  wanting wanting  to women have to do w i t h improving marriage and  the r e l a t i o n s between the sexes f o r e v e r y o n e ' s  are M i l l ,  is  of  happiness. opportunity  15 , Frankel  , and Campbell h i m s e l f .  We w i l l  see  f u r t h e r on how v a r i o u s u t i l i t a r i a n s would h a n d l e the problem of correlated  traits.  The m e f i t a r i a r i s  and the problem o f c o r r e l a t e d  The m e r i t a r i a n p o s i t i o n on e q u a l i t y Campbell can be f o r m u l a t e d  From t h i s  o f o p p o r t u n i t y d e s c r i b e d by  thus:  Only people who deserve people who deserve  traits:  to do x s h o u l d get  to do i t ,  and no  to do x s h o u l d be excluded from d o i n g  it.  f o r m u l a t i o n we can see t h a t the m e r i t a r i a n ' s p o s i t i o n on  the r u l e s governing who gets t o do x would be to accept only r e q u i r i n g t r a i t s which make a person d e s e r v i n g o_r r u l e s  rules  excluding  t r a i t s which make a person u n d e s e r v i n g of d o i n g x.  Furthermore,  a c c o r d i n g to Campbell, the m e r i t a r i a n would i n s i s t  on a d i s t i n c t i o n  between t r a i t s  people  can and those  not o r d i n a r i l y count t r a i t s  people  they cannot h e l p h a v i n g and w i l l cannot h e l p h a v i n g o r not h a v i n g  as making them more or l e s s d e s e r v i n g o f d o i n g x. Thus the d o c t r i n e o f e q u a l o p p o r t u n i t y t h a t IsaUh B e r l i n is a meritarian position:  describes  26  " t h a t the o n l y i n e q u a l i t y which should be avoided i s an i n e q u a l i t y based on c h a r a c t e r i s t i c s which the i n d i v i d u a l cannot a l t e r - unequal treatment b a s e d , f o r i n s t a n c e , on b i r t h , or c o l o u r , which human b e i n g s cannot a l t e r at w i l l . " John W i l s o n , who h o l d s a m o d i f i e d m e r i t a r i a n p o s i t i o n , t e l l s  us  t h a t the t r e n d towards e q u a l o p p o r t u n i t y i s a t r e n d away from r e q u i r i n g t r a i t s which are n o t i n e v e r y o n e ' s  power to a c q u i r e :  Suppose, however, we adopt a d i f f e r e n t c r i t e r i o n from w e a l t h or i n t e l l i g e n c e , the c r i t e r i o n of e f f o r t ; and g r a n t some p r i v i l e g e (such as u n i v e r s i t y e d u c a t i o n ) p u r e l y on t h i s criterion. We s h o u l d be i n c l i n e d t o s a y , I t h i n k , t h a t we had approached more n e a r l y t o the p r i n c i p l e o f e q u a l i t y . This i s because making an e f f o r t (we suppose) i s something w i t h i n the c a p a c i t y o f everyone, whereas b e i n g b o r n i n t o a r i c h f a m i l y or being i n t e l l i g e n t i s not. By e x c l u d i n g wealth we have excluded accidental characteristics: and by e x c l u d i n g i n t e l l i g e n c e we d i s t i n g u i s h between one k i n d of n a t u r a l c h a r a c t e r i s t i c s , those we cannot h e l p h a v i n g o r not h a v i n g , and another k i n d which we b e l i e v e ; to be u n i v e r s a l l y a v a i l a b l e - the c a p a c i t y to make an e f f o r t , or t o be k i n d , o r some o t h e r c a p a c i t y which i s w i t h i n the c o n t r o l of our will. We have t o suppose t h i s i n o r d e r to make sense o f the n o t i o n o f an e q u a l o p p o r t u n i t y , or o f an e q u a l chance. I may have the r i g h t to do t h i n g s which I have not the power to do . . . . But i f I have n o t the power, then s t r i c t l y speaking I do not have the o p p o r t u n i t y or the c h a n c e . ^ C l e a r l y m e r i t a r i a n s , i n c l u d i n g W i l s o n , would be a g a i n s t  excluding  women from d o i n g x on the grounds t h a t they a r e women, s i n c e b e i n g i s u n a l t e r a b l e from b e f o r e b i r t h and t h e r e f o r e deserving or undeserving.  cannot make one e i t h e r  The s i t u a t i o n d e s c r i b e d i n example  (b)  seems t o f a l l s h o r t of m e r i t a r i a n s ' c r i t e r i a of e q u a l o p p o r t u n i t y , the t r a i t r e q u i r e d ( b e i n g able to l i f t  (c)  i s somewhat d i f f e r e n t ,  also since  a 2 0 0 - l b man) i s not the s o r t of  t h i n g everyone has t h e p o w e r t t o a a c q u i r e . example  female  But the s i t u a t i o n i n  because the r e q u i r e d t r a i t  (having  a m e d i c a l education);, i s much more the s o r t of t h i n g we t h i n k people have  27  the  power to acquire than the a b i l i t y to l i f e a 200-lb man.  Thus  meritarians l i k e Wilson may be more i n c l i n e d to say that there i s e q u a l i t y of opportunity i n the case of (c) than i n the case of example (b). Let  us examine t h i s d i s t i n c t i o n between t r a i t s people have the  power to acquire and t r a i t s they do not.  Wilson t e l l s us we must  have some d i s t i n c t i o n between c h a r a c t e r i s t i c s people cannot help having or not having, and those which we b e l i e v e are u n i v e r s a l l y available;  e.g. we b e l i e v e people cannot help being born i n t o wealthy  f a m i l i e s or poor f a m i l i e s , being i n t e l l i g e n t or u n i n t e l l i g e n t , healthy or unhealthy, and we b e l i e v e people can help being courageous or cowardly, determined or wishy-washy, hard-working or lazy.  Presumably  i f g e t t i n g a medical education requires no c h a r a c t e r i s t i c s which people cannot help having or not having, then i t i s very much w i t h i n people's power to acquire, and equally w i t h i n the power of women and men to acquire;  the fewer of these c h a r a c t e r i s t i c s i t requires, the more i t  i s w i t h i n everybody's power to acquire. Wilson notices the problem w i t h using t h i s d i s t i n c t i o n :  Suppose  courage, determination, and e f f o r t are not u n i v e r s a l l y a v a i l a b l e ? Suppose they are determined by f a c t o r s e n t i r e l y out of people's c o n t r o l ? This problem i s the b a s i s of John Rawls' c r i t i c i s m of the m e r i t a r i a n position.'  He says:  I t seems to be one of the fixeddpoints of our considered judgments that no one deserves h i s place i n the d i s t r i b u t i o n of n a t i v e endowments, any more than one deserves one's i n i t i a l s t a r t i n g place i n s o c i e t y . The assertion that a man deserves  28  the superior character that enables him to make the e f f o r t to c u l t i v a t e h i s a b i l i t i e s i s equally problematic; for his character depends i n large part upon fortunate f a m i l y and s o c i a l circumstances f o r which he can claim no c r e d i t . ^ The notion of desert seems not to apply to these cases. Now some meritarians might grant that the a b i l i t y t o make an e f f o r t , f o r example, i s not something one can help having or not having, and therefore not a t r a i t which makes a person deserving, but go on to claim that the tendency t o make an e f f o r t , given the a b i l i t y , i s such a t r a i t .  But then how would these meritarians form  t h e i r c r i t e r i a of equal opportunity t o do x ?  Would they not have to  exclude people from doing x who, having the a b i l i t y t o make an e f f o r t , do not exercise i t , and include those who l a c k the a b i l i t y and therefore cannot exercise i t ?  And even supposing they wanted to carry out  such a p o l i c y , how would they t e l l the members of the f i r s t group from those of the second ?  Surely some people have the general a b i l i t y  to make an e f f o r t but l a c k the a b i l i t y t o make an e f f o r t i n p a r t i c u l a r matters because of fearss or desires that are beyond t h e i r c o n t r o l . The supposed d i s t i n c t i o n between t r a i t s people have the power to acquire and t r a i t s they do not i s at best unworkable and at worst an i l l u s i o n .  Even wanting to do x i s often ( i f not always) c a u s a l l y  traceable to circumstances  and experiences that people cannot help  having had." Wilson believes he has a s o l u t i o n to a l l t h i s .  Characteristics  l i k e courage, determination, and the a b i l i t y t o make an e f f o r t are u s u a l l y considered part of a human being's p e r s o n a l i t y (whether or not they are c a u s a l l y determined by f a c t o r s out of his/her- c o n t r o l ) , so we  29  c o u l d say t h a t people have e q u a l o p p o r t u n i t y when t h e i r share of  the  good i n q u e s t i o n or t h e i r doing something they want to do depends on c h a r a c t e r i s t i c s which are circumvents the d i f f i c u l t y people  can and those  they  system of r e q u i r i n g those irrationally)  ' p a r t of t h e i r r e a l s e l v e s . '  This  of t r y i n g to d i s t i n g u i s h between  traits  cannot h e l p having w h i l e p r e s e r v i n g c h a r a c t e r i s t i c s which we f e e l  make people d e s e r v i n g .  only  the  (however  Therefore I consider W i l s o n ' s  proposed s o l u t i o n a m o d i f i e d m e r i t a r i a n p o s i t i o n . . . . e g a l i t a r i a n s p r e f e r to change e x i s t i n g games and systems in a particular direction: r o u g h l y , away from those t h a t f a v o u r e x t e r n a l or ' a c c i d e n t a l ' a t t r i b u t e s , towards those t h a t favour n a t u r a l c h a r a c t e r i s t i c s which are ' p a r t of the r e a l s e l f , as we might be tempted to say.20 . . . t h e q u e s t i o n of whether one game o r system g i v e s a person more e q u a l i t y of o p p o r t u n i t y than another game or system depends u l t i m a t e l y on what we count as a p e r s o n . The e g a l i t a r i a n adopts a narrow p i c t u r e , whereby a p e r s o n _Ls determined and courageous, but o n l y has i n t e l l i g e n c e , w e a l t h , and a t i t l e . . . . So f a r as l o g i c and language go, i t seems a r b i t r a r y which p i c t u r e we choose t o adopt. v  Although i t may seem a r b i t r a r y which o f a p e r s o n ' s consider  ' p a r t of the r e a l s e l f ,  c h a r a c t e r i s t i c s we  W i l s o n suggests t h a t  the r i g h t  ones 22  are those which the p e r s o n s c o n s i d e r s e s s e n t i a l Presumably p e o p l e ' s characteristics,  desires  himself/herself.  c o u l d a l s o be i n c l u d e d among t h e i r  as w e l l as t h e i r courage,  T h i s s o l u t i o n i s a p p e a l i n g , but i t a p p e a l i n g because r e s p e c t i n g p e o p l e ' s a way of t r e a t i n g them as e q u a l s . know that  to  It  the ways 'tfKey see themselves  ability  essential  t o make an e f f o r t ,  i s not c o n v i n c i n g .  own views o f themselves  It  etc.  is  seems  like  i s not c o n v i n c i n g because we are o f t e n  c h i l d h o o d by people who have f a l s e b e l i e f s  taught t o them i n  about them o r who do n o t  have  30  t h e i r best i n t e r e s t at heart.  When men b e l i e v e d that i t was not i n  women's natures to want to be doctors, women.believed i t too.  When  t h e i r masters believed that slaves were by nature cowardly and l a z y , slaves b e l i e v e d i t too.  When we have some reason to b e l i e v e that there  are oppressed classes i n our s o c i e t y , how can we put s p e c i a l f a i t h i n a person's self-concept and expect i t to give us the answer t o whether equal opportunity has been achieved or not ? Furthermore, i t i s p l a u s i b l e t o suppose t h a t , even i n the l e a s t oppressive s o c i e t y we can imagine, many women would consider t h e i r being female 'part of t h e i r r e a l selves' and many men would consider t h e i r being male 'part of t h e i r r e a l selves'.  I n t h i s case, would  Wilson have us b e l i e v e that people who favour equal opportunity should approve of e x i s t i n g systems which favour femaleness or maleness ? We have seen that m e r i t a r i a n c r i t e r i a of e q u a l i t y of opportunity r e l y on a d i s t i n c t i o n between t r a i t s people have the power t o acquire and t r a i t s they do not.  This d i s t i n c t i o n has appeal as a d e s c r i p t i o n  of common usage because of the language i n which some e g a l i t a r i a n sentiments are expressed.  "He can't help being black" (an expression  no longer acceptable because i t suggests i t would be n i c e i f he could) used to be offered as an explanation of people's d i s l i k e f o r r a c i a l d i s c r i m i n a t i o n , and i t c e r t a i n l y suggests that there are some things he can help being on the basis of which i t would be a l r i g h t to exclude him from some of the goods of s o c i e t y .  But we know too w e l l that even  the a b i l i t y to make an e f f o r t i s not u n i v e r s a l and.can be exaggerated or destroyed i n c h i l d r e n by those who shape t h e i r p e r s o n a l i t i e s .  At  31  best t h i s d i s t i n c t i o n has to be forced i n the way I suggested, and then i t leads the meritarians i n t o t r y i n g to carry out absurd p o l i c i e s . Furthermore, we have seen that Wilson's proposal to circumvent the d i s t i n c t i o n does not work. F i n a l l y , l e t us even assume, f o r the sake of argument, that the m e r i t a r i a n can d i s t i n g u i s h c h a r a c t e r i s t i c s and accomplishments f o r which people can take c r e d i t .  Then, as T.D.  Campbell points out, the  meritarian's view points to handicapping people i n competition f o r the goods of s o c i e t y so as to equalize those f a c t o r s f o r which they cannot take c r e d i t .  This system of providing equal opportunity i s very odd  to apply to the competition f o r employment;  f o r when the goods i n  question are p o s i t i o n s of power and r e s p o n s i b i l i t y , i t c l e a r l y leads, as Campbell says, to "worthy d o l t s i n high p o s i t i o n s , with disastrous 23 consequences."  But we should not overlook a p o s s i b i l i t y that  Campbell f a i l s to see:  that the m e r i t a r i a n might work toward  Equalizing the f a c t o r s that are out of the i n d i v i d u a l ' s c o n t r o l , rather than handicapping the competitors a f t e r the f a c t of t h e i r unequal h i s t o r y .  Unfortunately, there i s nothing i n the m e r i t a r i a n  p o s i t i o n that would commit him/her to p r e f e r r i n g the former course of a c t i o n , which course would be preferred by anyone with a reasonable desire f o r the common good. subject of the u t i l i t a r i a n s .  This remark conveniently brings us to the  32  The u t i l i t a r i a n s arid the problem o f c o r r e l a t e d As f a r as I can s e e , want e q u a l i t y  t h e r e are f o u r reasons f o r u t i l i t a r i a n s  o f employment  by g e n e r a l i z i n g M i l l ' s  traits:  opportunity.  f o u r goals  i n wanting.to  to women, and l a t e r I w i l l d i s c u s s u t i l i t a r i a n reasons and M i l l ' s more of the f o l l o w i n g reasons  I a r r i v e d at these open a l l  reasons  occupations  the r e l a t i o n s h i p between  goals.  to  the  U t i l i t a r i a n s might have one or  f o r wanting e q u a l i t y  of  employment  opportunity: 1)  They want  to f i l l  each job w i t h the b e s t p e r s o n or one of  the b e s t p e o p l e to do  it.  2) They want to develop human c a p a c i t i e s of  competition for  and r a i s e the  level  jobs.  3) They want the g r e a t e s t p o s s i b l e number o f p e o p l e t o have j o b s which they  freely  i n ways s a t i s f y i n g 4) They want  to  choose and which employ t h e i r themselves.  to improve the r e l a t i o n s  various sections opportunities,  abilities  of s o c i e t y  among the people  which do not p r e s e n t l y have  for everyone's  benefit.  I n our case  in equal  they  want e q u a l employment o p p o r t u n i t y f o r men and women because they b e l i e v e  t h i s w i l l improve r e l a t i o n s between  the sexes by  p u t t i n g them on a more e q u a l f o o t i n g e c o n o m i c a l l y , and  socially  politically.  Utilitarians'  positions  on the problem o f c o r r e l a t e d t r a i t s  c r i t e r i a of e q u a l o p p o r t u n i t y w i l l d i f f e r  and t h e i r  a c c o r d i n g t o how much  importance they p l a c e on each o f these r e a s o n s .  That i s why we f i n d  so  33  much d i v e r s i t y of opinion on these matters among u t i l i t a r i a n s  as w e l l  as between them and the m e r i t a r i a n s . 1) The Best Person f o r Each Job. '• Insofar as people s t r e s s the goal of f i l l i n g each job with the best person to do i t , they w i l l judge ahrule governing who gets t o do x by how important the t r a i t i t requires i s to the a c t u a l performance of the job x.  They w i l l r e j e c t any r u l e which requires a t r a i t i r r e l e v a n t  to doing the job because i t would get i n the way of f i n d i n g the best person to do i t , and accept any r u l e which requires a t r a i t that i s necessary to performing the job.  And those f o r whom i t i s the only  goal of e q u a l i t y of opportunity w i l l tend to accept any r u l e which requires a t r a i t genuinely u s e f u l i n performing the job. Utilitarians  who s t r e s s t h i s f i r s t goal would probably not l i k e  the s i t u a t i o n i n example ( b ) , because being able to l i f t a 200 l b . man i s n e a r l y i r r e l e v a n t to being a good doctor (since l i f t i n g patients could be done w i t h the help of other people), and so the requirement might i n t e r f e r e with the s e l e c t i o n of the best people to be doctors; but they might t o l e r a t e the requirement as a f i n a l b a s i s of s e l e c t i o n among people who were equally w e l l - q u a l i f i e d i n a l l other respects. On the other hand, they would be pleased with the requirement i n example \c),  since a medical education (though not n e c e s s a r i l y the kind  we now give) i s e s s e n t i a l to a doctor.  The c o r r e l a t i o n between the  t r a i t required i n (c) and being male would not bother them unless t h e i r goal i s f i n d i n g the best person f o r the job i n the sense of the  34  best person by nature and not j u s t by present 'performance.  I f they  want to f i n d the best person by nature, then the c o r r e l a t i o n might bother them by leading them to suspect that not everyone was g e t t i n g maximum opportunities t o prepare h i m s e l f / h e r s e l f t o be a doctor, and that some who were best q u a l i f i e d by nature to be doctors might not be emerging as doctors. Those who emphasize f i n d i n g the best person by present  performance  f o r each job as the main purpose of equal opportunity w i l l tend to be s a t i s f i e d that equal opportunity e x i s t s when jobs are given out on the basis of objective tests of people's performance of tasks c l o s e l y r e l a t e d to the a c t u a l work, provided of course that there are no obstacles put i n the way of anyone's taking the tests who wants t o and that every one i s given the same test f o r the same job, etc.  They  have what Charles Frankel c a l l s t h e " m e r i t o c r a t i c " conception of equal opportunity. I t holds that the t e s t s should be f a i r , that they should be open to everyone, that lack of money or other p h y s i c a l hindrances should not be a b a r r i e r to taking them, and that people should then be graded and rewarded i n terms of t h e i r performance. 24  Those who take t h i s commonly-held p o s i t i o n are s a t i s f i e d i f people are selected f o r jobs on the b a s i s of t h e i r compared performances, a c t u a l or p r e d i c t e d , of tasks important to the work, and without regard to t h e i r other c h a r a c t e r i s t i c s , such as race, colour, r e l i g i o n , sex. There are serious problems i n meeting even t h i s c r i t e r i o n of equal 25 opportunity because of de facto d i s c r i m i n a t i o n , job  and because not every  can be e a s i l y broken down i n t o tasks f o r which we can devise  35  objective t e s t s .  And to most u t i l i t a r i a n s , as we s h a l l see, t h i s  c r i t e r i o n i s inadequate. 26 Those who emphasize f i n d i n g the best person by nature job  f o r each  as the main purpose of equal opportunity w i l l be concerned with what 27  Campbell c a l l s "the preparation of candidates f o r s e l e c t i o n " as w i t h the process of s e l e c t i o n f o r the jobs.  as w e l l  They w i l l want  everyone to be given the best conditions f o r developing t h e i r n a t u r a l endowments so that these endowments are eventually manifested i n t h e i r performance  of tasks.  Equal opportunity has to go back to the e a r l i e s t  processes of education i f we are to s u c c e s s f u l l y s e l e c t those who b e s t - q u a l i f i e d by nature to do the various jobs of society.  are  Thus  those u t i l i t a r i a n s have c r i t e r i a of equal opportunity that are s i m i l a r to the c r i t e r i a of those who s t r e s s developing human p o t e n t i a l and r a i s i n g the l e v e l of competition f o r jobs, which we w i l l examine more c l o s e l y a l i t t l e l a t e r on. Although f i l l i n g each job with the best person to do i t i s not the only reason a u t i l i t a r i a n might desire equal opportunity, a l l u t i l i t a r i a n s w i l l consider i t important to maximize the a b i l i t y of each person to do h i s / h e r job, because the e f f i c i e n t performance  of  jobs that must be done i s a c r u c i a l source of well-being to everyone i n society.  Some people, as we s h a l l see, have v a l i d u t i l i t a r i a n  goals i n seeking equal opportunity that c o n f l i c t somewhat w i t h the goal of f i l l i n g each job with the best person to do i t , but a l l u t i l i t a r i a n s w i l l at l e a s t approve of r e q u i r i n g employees to have those t r a i t s that are necessary to doing a job.  Hence, u n l i k e some merit-  1  36  arians, u t i l i t a r i a n s  w i l l never come up w i t h a c r i t e r i o n of equal  opportunity which overlooks the need to f i l l jobs with, people competent to perform them. 2) Developing Human C a p a c i t i e s . Insofar as people s t r e s s developing human capacities and r a i s i n g the l e v e l of competition f o r jobs as a goal of equal opportunity they w i l l be concerned about how much I t i s p o s s i b l e  to a l t e r the  f a c t that some group or i n d i v i d u a l lacks a t r a i t required or possesses a t r a i t excluded by a r u l e governing who gets to do x, because they want t o maximize everyone's advantages i n the competition f o r jobs. Although, as I have s a i d , no u t i l i t a r i a n would have developing human c a p a c i t i e s as his/her only goal i n b r i n g i n g about equal opportunity, there are some who s t r e s s i t s importance. s i t u a t i o n described i n example (b).  They would not l i k e the  The required t r a i t i n (b)  generally cannot be c u l t i v a t e d i n groups or i n d i v i d u a l s who do not have i t , and the r u l e which requires i t puts those people, many of whom otherwise have the capacity t o be doctors, at a disadvantage that would deter them from developing that capacity.  Weighing t h i s  very great drawback of the r u l e against the s l i g h t u t i l i t y given to i t by the relevance of being able t o l i f t , a 200-lb. man to the work of a doctor, they would c e r t a i n l y r e j e c t the r u l e i n example (b). utilitarians,  But, as  they would have to accept any r u l e which requires a t r a i t  necessary to performing the work of a doctor, regardless of whether or not the t r a i t put groups or i n d i v i d u a l s at a disadvantage that could not be corrected.  Thus they would not object to the r u l e given i n  37  example ( c ) , since i t makes such a necessary requirement.  However,  since having a medical education i s the s o r t of thing that can be c u l t i v a t e d i n groups or i n d i v i d u a l s who do not have i t , the c o r r e l a t i o n between having i t and being male might lead them to suspect that females were under a disadvantage  that could be corrected, and  they  would have t o be s a t i s f i e d that t h i s was not the case before they would approve of the t o t a l s i t u a t i o n described i n the example. Those who emphasize developing human c a p a c i t i e s have c r i t e r i a of equal opportunity that go back beyond the process of s e l e c t i n g people f o r jobs to the process of t r a i n i n g and educating them. are the u t i l i t a r i a n s  They  who take the "long-term view" described by  Campbell: But the u t i l i t a r i a n could also be concerned w i t h e q u a l i t y of opportunity with respect to the preparation of candidates f o r s e l e c t i o n as w e l l as i n the s e l e c t i o n process i t s e l f , f o r , i f a u t i l i t a r i a n takes a long-term view, he w i l l be i n t e r e s t e d i n the general development of human c a p a c i t i e s so that the l e v e l of competition and hence the a b i l i t i e s of those selected w i l l be higher. He w i l l therefore be prepared to take i n t o account contingent curable i n c a p a c i t i e s i n determining e q u a l i t y of educational or preparatory opportunity, although i n the end h i s s e l e c t i o n w i l l be based on acquired rather than p o t e n t i a l abilities. 2 8  This i s e s s e n t i a l l y the view that Charles Frankel describes as the "educational" conception 6.£ e q u a l i t y of opportunity which holds "that we cannot have r e a l e q u a l i t y of opportunity unless we s u c c e s s f u l l y modify those aspects of the i n d i v i d u a l ' s s i t u a t i o n which prevent him from performing up to the l e v e l of h i s n a t u r a l a b i l i t i e s . " And R.H.  Tawney maintains that r e a l e q u a l i t y of opportunity e x i s t s  " i n so f a r as, and only i n so f a r as, each member of a community,  2  38  whatever h i s b i r t h , or occupation, or s o c i a l p o s i t i o n , possesses i n f a c t , and not merely i n form, equal chances of using to the f u l l h i s 30  n a t u r a l endowments of physique, of character, and of i n t e l l i g e n c e . " I t i s possible' to want to give everyone the best conditions f o r developing his/her n a t u r a l p o t e n t i a l f o r n o n - u t i l i t a r i a n reasons.  For example someone might b e l i e v e that i t i s the r i g h t way of a c t i n g towards a l l human beings because they are a l l creatures sacred to God and endowed by Him with c e r t a i n p o t e n t i a l i t i e s which should be f u l f i l l e d as f a r as p o s s i b l e , or because every human being deserves the best conditions f o r developing his/her p o t e n t i a l j u s t i n v i r t u e of being human.  Since I do not think that those reasons f o r d e s i r i n g  equal opportunity have any s p e c i a l l i g h t to throw on the problem of d e f i n i n g i t , and since I do not want to defend them, I l i m i t my remarks on them to acknowledging  that they e x i s t .  Frankel and Tawney both o f f e r us c r i t e r i a of equal opportunity which are derived from the concern f o r developing human c a p a c i t i e s , but Tawney's c r i t e r i o n i s more demanding and more problematic than Frankel's.  Tawney seems to want everyone to have an equal chance  of developing h i s / h e r n a t u r a l endowments, whatever those endowments may be, and as John Schear points out i n " E q u a l i t y of Opportunity 31 and Beyond,"  not a l l t a l e n t s and c a p a c i t i e s can be developed  i n any given society.y  fully  The values embodied i n a s o c i e t y determine  the  kinds of jobs and r o l e s which are a v a i l a b l e to i t s people, and these i n turn determine the extent to which a p a r t i c u l a r n a t u r a l endowment  39  or combination  of endowments can be used.  I f people's n a t u r a l  endowments d i f f e r a g r e a t d e a l i n k i n d , then Tawney's e q u a l o p p o r t u n i t y may be i m p o s s i b l e to meet.  c r i t e r i o n of  In any case i t demands  t h a t s o c i e t y be o r g a n i z e d i n such a way as t o maximize n o t o n l y each person's correspondence  chances t o develop h i s / h e r c a p a c i t i e s , but a l s o the between the jobs or r o l e s a v a i l a b l e and the n a t u r a l  endowments people have.  T h i s s o r t o f c r i t e r i o n of e q u a l o p p o r t u n i t y  o f f e r s a d i f f e r e n t answer to the q u e s t i o n " o p p o r t u n i t y t o do what ?" than the answer we have been c o n s i d e r i n g - t o f i l l jobs. it  the e x i s t i n g  The i s s u e o f whether the l a t t e r answer i s a good one.;- whether  i s i n f a c t d e s i r a b l e to s e t t l e f o r h a v i n g  everyone to f i l l  equal o p p o r t u n i t y f o r  the e x i s t i n g j o b s - i s d i f f e r e n t from the i s s u e of  what c o n s t i t u t e s h a v i n g e q u a l o p p o r t u n i t y t o f i l l and I w i l l  take i t up i n a l a t e r chapter.  the e x i s t i n g j o b s ,  F o r the p r e s e n t we a r e  d e a l i n g w i t h the c r i t e r i a of e q u a l o p p o r t u n i t y to f i l l e x i s t i n g ' j o b s in  o r d e r t o see what s t e p s they r e q u i r e us t o t a k e , s i n c e t h i s i s a  p o p u l a r c u r r e n t p o l i t i c a l g o a l , and i t i s a t l e a s t arguable  that M i l l ' s  32 g o a l was t o open the e x i s t i n g jobs t o women. F r a n k e l ' s " e d u c a t i o n a l " c o n c e p t i o n p r o v i d e s a c r i t e r i o n of e q u a l opportunity to f i l l  the e x i s t i n g j o b s .  I t says t h a t we must remove the  o b s t a c l e s i n everyone's s i t u a t i o n t h a t p r e v e n t him/her from up to the l e v e l o f h i s / h e r n a t u r a l a b i l i t i e s opportunity;  performing  and then we have e q u a l  thus i t seeks t o e q u a l i z e everyone's o p p o r t u n i t i e s by  minimizing- everyone's d i s a d v a n t a g e s .  This c r i t e r i o n s u i t s not only  40  those u t i l i t a r i a n s  who want to develop human c a p a c i t i e s and r a i s e the  l e v e l of competition f o r jobs, but also those who want to f i n d the person best q u a l i f i e d by nature f o r each gob.  But i n i t s present  formulation, the c r i t e r i o n i s too vague to t e l l us much about what must be done to meet i t .  We have to know what counts as an obstacle  i n someone's s i t u a t i o n , and on that point there i s room f o r disagreement. Perhaps i t w i l l help i n considering what should count as an obstacle i n someone's s i t u a t i o n i f we f i r s t ask what i s necessary to being able to perform up to the l e v e l of one's n a t u r a l a b i l i t i e s . C e r t a i n l y one must not be prevented from t r a i n i n g f o r or g e t t i n g a job by rules which exclude one f o r unnecessary or unimportant reasons (see  previous pages).  But there i s more to i t than that. '  I think  we can assume that " n a t u r a l a b i l i t i e s " includes a b i l i t i e s to do things 33  that people are born w i t h to do things.  and c a p a c i t i e s to develop c e r t a i n  abilities  Then people need some conditions f o r proper development  of t h e i r a b i l i t i e s as w e l l as a c l e a r f i e l d f o r using what they have developed.  I see three major kinds of development which must take  place i n i n d i v i d u a l s before they can perform at the l e v e l of t h e i r natural a b i l i t i e s :  development of s k i l l s and knowledge, p h y s i c a l  development,  and emotional development. There are b a s i c s k i l l s and knowledge necessary to anyone who wants to f u n c t i o n i n our society.  For example, we need language s k i l l s ,  mathematical s k i l l s , and manual coordination s k i l l s ;  and we need  information about how things work f o r day-to-day l i v i n g - about food,  41  clothing,  transportation,  shelter  and s o c i a l i n t e r a c t i o n s .  t o g i v e our c h i l d r e n these b a s i c s k i l l s of e a r l y e d u c a t i o n .  and knowledge  But i n o r d e r to s u c c e s s f u l l y  by the  mathematics) survival, roles  f a r beyond the degree  that  and jobs  are a v a i l a b l e  (e.g.  i s necessary  a n d . a l l c h i l d r e n must have adequate  some s p e c i a l s k i l l s their  some of the b a s i c s k i l l s  to them.  process  compete f o r  and to perform up to the l e v e l of t h e i r n a t u r a l a b i l i t i e s , c h i l d r e n must develop  We t r y  some  language for  or  their  i n f o r m a t i o n about  In a d d i t i o n , most j o b s  and the p o s s e s s i o n  jobs  what require  of p a r t i c u l a r information f o r  performance. People  must develop  intellectual  leads  Indeed we know t h a t to poor development  good p h y s i c a l development medical care,  of s k i l l s  people need at l e a s t  fresh a i r , rest  and  as i t  i s sometimes  and knowledge.  For  good n u t r i t i o n , p r o p e r  exercise.  called.  or  f o r example:  'personality  Some p e r s o n a l i t y  v i r t u a l l y u n i v e r s a l importance to f u n c t i o n i n g i n s o c i e t y one's n a t u r a l a b i l i t i e s ,  their  i n many ways poor p h y s i c a l  There are many a s p e c t s o f e m o t i o n a l development, development'  their  and s k i l l p o t e n t i a l i n o r d e r t o p e r f o r m at the l e v e l o f  natural a b i l i t i e s . development  t h e i r p h y s i c a l p o t e n t i a l as w e l l as  a sense  traits  at the l e v e l  of s e l f - w o r t h ,  the worth o f o t h e r s ,  the a b i l i t y  to make c h o i c e s ,  s u s t a i n an i n t e r e s t ,  the d i s p o s i t i o n to make an e f f o r t  are of  the a b i l i t y  a sense  of of  to take and  to s a t i s f y  one's  34 desires,  the a b i l i t y  g e n e r a l importance, concentrate,  to c a r r y out a p l a n . f o r example:  honesty.  Still  creativity,  other t r a i t s  Other t r a i t s  are of wide  imagination,  ability  to  are of s p e c i a l importance i n many  42  k i n d s of j o b s , tact, patience,  f o r example:  ambition, aggressiveness,  objectivity,  sympathy w i t h the s u f f e r i n g of o t h e r p e o p l e .  Then  t h e r e are t r a i t s o f v e r y s p e c i a l i z e d i m p o r t a n c e , which have t o do w i t h b e i n g a t t r a c t e d and devoted t o p a r t i c u l a r o c c u p a t i o n s , f o r example: l o v e of h o r s e s or of books, lust for  the d e s i r e to care f o r c h i l d r e n , the  cleanliness.  Now i t  seems to me t h a t anyone's not h a v i n g access to the means  of d e v e l o p i n g h i s / h e r b a s i c s k i l l s to whatever degree he/she was of would c o n s t i t u t e  an o b s t a c l e  capable  to t h a t p e r s o n ' s p e r f o r m i n g up t o  l e v e l of h i s / h e r n a t u r a l a b i l i t i e s .  the  Of course t h e r e can be and there  i s disagreement about what counts as g i v i n g people a c c e s s t o e d u c a t i o n ; f o r example, s h o u l d we o f f e r who d i f f e r  d i f f e r e n t e d u c a t i o n a l programs to p e o p l e  i n the way they l e a r n , the speed at which they l e a r n , and/or  the c u l t u r a l background from which they come to s c h o o l ? s h o r t o f p r o v i d i n g the b e s t c o n d i t i o n s f o r e v e r y o n e ' s skills  and knowledge to whatever degree he/she i s  Does a n y t h i n g  l e a r n i n g the b a s i c  capable o f r e a l l y  c o n s t i t u t e removing the e d u c a t i o n a l o b s t a c l e s  t o h i s / h e r p e r f o r m i n g up  to the l e v e l of h i s / h e r n a t u r a l a b i l i t i e s  I think that,  ?  given  reason b e h i n d t h i s u t i l i t a r i a n c r i t e r i o n o f e q u a l o p p o r t u n i t y develop human c a p a c i t i e s  the  to  - the answer must be " n o . "  As t o a c q u i r i n g the s p e c i a l s k i l l s and knowledge n e c e s s a r y  for  doing p a r t i c u l a r "jobs, we c e r t a i n l y would n o t want to t r y to have every p e r s o n develop a l l of these t o tt).e b e s t o f h i s / h e r for  ability,  the p r o c e s s o f t r a i n i n g most people would take more than a  human l i f e t i m e .  Supposing t h a t we do not want to choose  occupations  43  f o r people and then t r a i n them i n those occupations,  J J  we must give  them the information they need on what r o l e s and jobs:are a v a i l a b l e to them, so that they can choose an occupation and then acquire whatever s p e c i a l q u a l i f i c a t i o n s are necessary f o r i t to the highest 36  degree they are capable of.  I w i l l consider the problem of  presenting r e a l choices to people i n more d e t a i l l a t e r , but I do want to point out here that the process of choosing which r o l e s and jobs to compete f o r also involves p s y c h o l o g i c a l f a c t o r s that are the r e s u l t of what I have c a l l e d emotional development.  For example, we  can e a s i l y see how important self-confidence i s i n choosing a h i g h l y competitive or d i f f i c u l t career.  Moreover, a c h i l d who  has  developed l i t t l e patience and no love of accuracy and o b j e c t i v i t y would not choose to be a s c i e n t i s t ;  someone who  takes l i t t l e or no  joy i n c r e a t i v i t y would not choose to be an a r t i s t . I think any u t i l i t a r i a n who  stresses the goal of developing human  c a p a c i t i e s should consider the f o l l o w i n g steps necessary to removing the obstacles to a person's performing natural a b i l i t i e s :  up to the l e v e l of his/her  that we provide the best conditions f o r his/her  learning the b a s i c s k i l l s and knowledge to whatever extent he/she i s capable of, that we provide adequate information about what r o l e s and jobs are a v a i l a b l e to him/her, and that we provide the means f o r him/her to acquire whatever s p e c i a l s k i l l s and knowledge are necessary f o r doing any p a r t i c u l a r job he/she chooses to do.  Furthermore, I think  any such u t i l i t a r i a n should consider p r o v i d i n g the conditions f o r p h y s i c a l development - good n u t r i t i o n , proper medical care, f r e s h  44  a i r , r e s t and exercise - necessary to 'removing the obstacles'. But the issue of what conditions f o r emotional development should be provided i s more problematic, because i t i s not so easy to decide what should count as an emotional or psychological obstacle to people's performing at the l e v e l of t h e i r n a t u r a l a b i l i t i e s . I have s a i d that some p e r s o n a l i t y t r a i t s are of v i r t u a l l y u n i v e r s a l importance to functioning i n s o c i e t y at the l e v e l of one's natural a b i l i t i e s .  I have also mentioned that some r e s u l t s of  emotional development w i l l play an important part i n people's choosing what jobs to t r a i n f o r and compete f o r .  Few w r i t e r s on equal  opportunity even consider the psychological f a c t o r s that go i n t o s u c c e s s f u l l y competing f o r jobs.  Yet some of these f a c t o r s are,  I w i l l claim, so important that the lack of them can be an obstacle to people's performing at the l e v e l of t h e i r n a t u r a l a b i l i t i e s as insurmountable as laws against t h e i r working i n the professions f o r which they are most talented. T.D. Campbell, one of the few w r i t e r s who consider the r o l e of psychological f a c t o r s i n creating equal opportunity, argues -against l e t t i n g two important psychological f a c t o r s countaas obstacles to people's performance of a task - the d i s p o s i t i o n to make an e f f o r t and the desire to do i t .  He claims that "to have an opportunity i s to be  i n a s i t u a t i o n where, by choice and e f f o r t , a d e s i r a b l e goal may be achieved,"  and i f we count such f a c t o r s as unwillingness or i n a b i l i t y  to make an e f f o r t and l a c k of desire to do the task as obstacles which reduce o p p o r t u n i t i e s , "we w i l l leave no room f o r the d i s t i n c t i o n between  45  e q u a l i t y of opportunity and e q u a l i t y of chance".  I disagree w i t h  his conclusions about both these p s y c h o l o g i c a l f a c t o r s . Campbell draws h i s conclusions about e f f o r t and desire i n the context of considering what obstacles to t h e i r s u c c e s s f u l performance, i n c l u d i n g n a t u r a l a b i l i t i e s , people should be handicapped f o r i n order to give them equal opportunity.  He points out t h a t , i f we include  unwillingness or i n a b i l i t y to make an e f f o r t and lack of desire t o do i t among these obstacles, we w i l l wind up handicapping  people i n  such a way that they simply have an equal chance of succeeding.  But  by employing the u t i l i t a r i a n c r i t e r i o n of equal opportunity which we are presently considering, we r e j e c t the p r a c t i c e of handicapping altogether, and we consider only what obstacles to people's performing according to t h e i r n a t u r a l a b i l i t i e s e x i s t and must be removed.  We  are not t r y i n g t o equalize people's chances of success, because we want to maximize the dependence of performance upon n a t u r a l a b i l i t i e s (which we do not assume are the same i n everyone). Now we might want to say that although Campbell i s on the wrong track when he maintains that the d i s t i n c t i o n between opportunity and chance r e s t s upon i t , he has discovered some t r u t h about opportunity that not a l l conditions i n the way of performance are p r i v a t i o n s of opportunity, and s p e c i f i c a l l y , that unwillingness or i n a b i l i t y to make an e f f o r t and lack of desire t o do something are not p r i v a t i o n s of opportunity to do i t .  This would mean that c r e a t i n g e q u a l i t y of  opportunity by removing the obstacles t o people's performing up to the  46  l e v e l of t h e i r n a t u r a l a b i l i t i e s would d e f i n i t e l y not require b r i n g i n g i t about that t h e i r performance does i n f a c t r e f l e c t t h e i r n a t u r a l abilities.  The f o l l o w i n g example makes Campbell's claim about the  meaning of opportunity very p l a u s i b l e : Suppose my f r i e n d and I are both I n v i t e d to apply f o r a job i n the Northwest T e r r i t o r i e s that would employ our a b i l i t i e s b e t t e r than they are now employed.  I weigh  the advantages and disadvantages  and decide that having the job i s not worth the e f f o r t i t would take t o move there or not worth l i v i n g i n such a cold place, so I do not apply. I t would be very odd to say that I d i d not have the opportunity to have a b e t t e r job.  And i f my decision not to apply f o r the job i s  the only thing i n the way of my g e t t i n g i t that i s not i n the way of my f r i e n d , i t would be very odd to say thattwe d i d not have equal opportunity t o get the job.  But i f we change the example a l i t t l e we  begin to see some problems: Suppose when i n v i t e d to apply f o r the job I become extremely anxious at the prospect of having t o make such an important choice, and f i n a l l y , unable t o decide what to do, I l e t the deadline f o r a p p l i c a t i o n s pass.  Suppose f u r t h e r that t h i s behaviour i s t y p i c a l of  my responses to important d e c i s i o n s , and that i t s causes can be traced to c e r t a i n childhood experiences. problem.  My f r i e n d has no such  Or suppose that my a t t i t u d e toward being i n v i t e d t o apply  i s r e s i g n a t i o n to f a i l u r e .  I f e e l , i n s p i t e of evidence to the  contrary, that I could not get the job because any r e a l e f f o r t I make i s doomed to f a i l u r e , and so I do not apply.  Suppose f u r t h e r that t h i s  47  response f i t s  a pattern  experiences.  that  can be t r a c e d b a c k . t o . c h i l d h o o d  I n . b o t h t h e s e cases i t  seems r e a s o n a b l e t o say t h a t  do not have the opportunity, t o take the b e t t e r d e p r i v e d o f the o p p o r t u n i t y at  an e a r l y a g e ) ,  not have an e q u a l o p p o r t u n i t y w i t h my f r i e n d w i l l no doubt d i s a g r e e w i t h t h i s the meaning of o p p o r t u n i t y S u r e l y people abilities  if,  (because  to get  c o n c l u s i o n , but i t  it.  a c t oh t h e i r c h o i c e s .  of  Some people  does not  stretch  normal u s e .  t h e i r emotional  development,  to make a c h o i c e o r the d i s p o s i t i o n  In these cases i t  does not exceed  o f o p p o r t u n i t y to conclude t h a t p e o p l e ' s  are n o t as good as they  could be.  And i f we know t h a t  make a c h o i c e and the d i s p o s i t i o n to make an e f f o r t or thwarted by c e r t a i n p r a c t i c e s . ( e s p e c i a l l y then we can remove the e m o t i o n a l o b s t a c l e s p r o v i d i n g the b e s t c o n d i t i o n s seems to me t h a t ,  since  would be a major o b s t a c l e his/her natural a b i l i t i e s ,  opportunities the a b i l i t y  to p e o p l e ' s these  traits. personality  as b e i n g o f u n i v e r s a l  importance  p e r f o r m i n g up to the levjel  those who h o l d t h i s  that  to c r e a t i n g  equality  of  c r i t e r i o n of  of  equal their  opportunity.  some people have a l l the p e r s o n a l i t y  c a l l e d u n i v e r s a l l y important,  to  performance by  o p p o r t u n i t y s h o u l d c o n s i d e r p r o v i d i n g the b e s t c o n d i t i o n s f o r development n e c e s s a r y  limits  can be n o u r i s h e d  l a c k o f any o f the  to anyone's  the  to  during childhood),  f o r them to develop  t r a i t s which I mentioned on page +1  Suppose  do  cannot perform up to the l e v e l o f t h e i r n a t u r a l  they l a c k the g e n e r a l a b i l i t y  Therefore i t  I was  and that I c e r t a i n l y  too f a r beyond i t s  due to some aspect  of our concept  job  I  traits  i n c l u d i n g the g e n e r a l a b i l i t y  I  have  to make  48  choices, but they do not choose to compete f o r or work i n the jobs f o r which they are most talented.  S h a l l we say that t h e i r not wanting  to do the work f o r which they are most talented i s an obstacle to t h e i r performing at the l e v e l of t h e i r n a t u r a l a b i l i t i e s - an obstacle which, on our c r i t e r i o n of equal opportunity, must be removed before they w i l l have equal opportunity i n our s o c i e t y ? "...  Campbell says,  i t i s misleading to say that a person has not got an opportunity  to do something which he i s able to do and knows he can do, but has 38 no d e s i r e to do".  This suggests that the meaning of 'opportunity'  i s such that we could not take someone/s:.notwwanting*;c'oddoa something to be an obstacle to his/her doing i t and s t i l l claim to be applying a c r i t e r i o n of equal opportunity. I think Campbell i s wrong about t h i s too. circumstances  There are some  i n which we might say that people have not got an  opportunity to do something which they are able to do and know they do, but have no d e s i r e to do.  can  I f , f o r example, they were conditioned  at an e a r l y age to avoid the a c t i v i t y i n question, they might have a strong d e s i r e not to do i t , which i s a way of having no d e s i r e to do 39 it.  Take a rather extreme example:  In Brave New World,  Aldous Huxley  introduces us to the p r a c t i c e of "Neo-Pavlovian Conditioning," by which eight-month-old  babies are q u i c k l y made to fear and avoid roses and books  by shocking them when they approach these objects.  In Huxley's book  these "Delta" c h i l d r e n were destined f o r f u r t h e r conditioning and very l i m i t e d t r a i n i n g f o r s p e c i f i c jobs;  but suppose that these c h i l d r e n  49  actually of  received precisely  the same t r a i n i n g as a l l o t h e r c h i l d r e n  t h e i r m e n t a l and p h y s i c a l c a p a c i t i e s ,  c o n d i t i o n i n g to a v o i d r o s e s as a group. other  and, except f o r  and books, had no s p e c i a l  Would we say t h a t  treatment  they had e q u a l o p p o r t u n i t y w i t h  c h i l d r e n to become gardeners  or l i b r a r i a n s ?  g i v e n they were a b l e t o do these jobs  and knew they  they s t i l l had the o p p o r t u n i t y t o become gardeners I think not. -  their  Would we say  c o n d i t i o n i n g as an o b s t a c l e  to the l e v e l of t h e i r n a t u r a l a b i l i t i e s as a law a g a i n s t  c o u l d do them, or l i b r a r i a n s ?  to p e o p l e ' s  p e r f o r m i n g up  - p r o b a b l y as g r e a t  t h e i r working as gardeners  A d m i t t e d l y the  an  seems  case i n which people have been d e l i b e r a t e l y  are most  obstacle  performance by r e f r a i n i n g from c o n d i t i o n i n g people  and by employing whatever  methods  are a v a i l a b l e  to  accidentally  c o n d i t i o n people  But t h e r e aire l o t s f o r which they reasonable  to c o u n t e r a c t  G i r l s whose p a r e n t s  We  traumatic experiences  which  to a v o i d c e r t a i n k i n d s o f work.  o f cases of people not wanting  are most t a l e n t e d  attributed  in  counter  the c o n d i t i o n i n g i n anyone to whom i t has been done a l r e a d y . c o u l d even take measures  and  s p e c i a l case o f t h e i r not wanting to do  And i t would seem that we c o u l d remove t h i s  to p e o p l e ' s t h i s way,  l i k e a very  obstacle  or l i b r a r i a n s .  r a t h e r h a r s h l y c o n d i t i o n e d to a v o i d the work f o r which they  t h a t work.  that,  And I t h i n k we are f o r c e d to r e g a r d t h i s k i n d of  psychological  talented  the  i n which the l a c k o f d e s i r e can be  to i n f l u e n c e s  and t e a c h e r s  to do the work  that  lovingly  are n e i t h e r h a r s h nor and c o n s i s t e n t l y  traumatic.  encourage  50  them i n p l a y i n g at and exploring the r o l e of homemaker and only t o l e r a t e , w i t h some amusement, t h e i r t r y i n g on other r o l e s , are very u n l i k e l y to become doctors.  Indeed, they w i l l not want to  become doctors, unless there i s some other strong i n f l u e n c e i n t h e i r l i v e s , f o r example a much-loved r o l e model.  This process of i n f l u e n c i n g  a c h i l d (or an adult) need not even be d e l i b e r a t e ;  i n f a c t i t i s often  the r e s u l t of parents' and teachers' own expectations.  Certainly  the presence of powerful r o l e models with whom a c h i l d can i d e n t i f y AO  i s almost always a c c i d e n t a l .  Yet can we honestly say t h a t , u n l i k e  those who have been subjected to harsh or traumatic c o n d i t i o n i n g , g i r l s who have been gently influenced i n t h i s way to want to become homemakers, a l l other things being equal, have an opportunity to become doctors ? D i f f i c u l t i e s a r i s e when we t r y to say j u s t what i s the obstacle to her performing up to the l e v e l of her n a t u r a l a b i l i t i e s i n the case of the g i r l who i s talented enough to become a doctor and who wants only to become a homemaker because of a?history l i k e that described above.  I f we say that the obstacle i s simply that she does not want to  be a doctor, then do we not commit ourselves to a p o l i c y of doing whatever we can to make people's preferences match t h e i r n a t u r a l a b i l i t i e s i n order to give them equal opportunity ?  But surely some  cases of not wanting to do what one i s most talented f o r are not cases of l a c k i n g the opportunity.  For instance, one may not d i s l i k e the work  one i s most talented to perform, but prefer a way of l i f e that i s  51  incompatible with i t - as when someone prefers spending more time with his/her family to having the most responsible p o s i t i o n he/she i s q u a l i f i e d to hold. On the other hand, i f we say that the obstacle i n the case i s her having been influenced not to want to become a doctor, then do we not commit ourselves e i t h e r to the p o l i c y of doing whatever we can to make people's preferences match t h e i r n a t u r a l a b i l i t i e s or to a p o l i c y of r e f r a i n i n g from i n f l u e n c i n g people's preferences  altogether ?  Yet  surely some influences do not deprive people of t h e i r opportunities or even reduce them.  I f I had an a r t i s t i c uncle who imparted h i s love  of p a i n t i n g to me, he d i d not thereby lessen my opportunity to become a doctor, even i f he increased my desire to become a painter.  Or i f  my father hated h i s work as a doctor and made no secret of i t , that i n i t s e l f did not reduce my opportunity to enter the same p r o f e s s i o n , even i f i t reduced my d e s i r e to do so.  Some, but c e r t a i n l y not a l l ,  influences over people's wants deprive them of or lessen t h e i r opportunities.  How s h a l l we d i s t i n g u i s h those influences ?  The influence that parents and teachers exert when they encourage a g i r l to become a homemaker i s s i m i l a r i n two ways to the s t r a i g h t forward conditioning which i s applied to D e l t a c h i l d r e n i n Huxley's 41 imaginary world.  F i r s t , i t produces, by means of reward and/or  punishment, an a s s o c i a t i o n i n the mind of the person influenced which does not r e f l e c t any regular causal r e l a t i o n s h i p .  When we slap  the hand of a c h i l d who reaches out f o r f i r e , we create (with l e s s i  52  l a s t i n g damage than i f we allowed i t to occur n a t u r a l l y ) an a s s o c i a t i o n between reaching f o r f i r e and pain which r e f l e c t s a true causal relationship. for a book.  But t h i s i s not so i f we shock the c h i l d who reaches Nor i s i t so i f we reward homemaker-role behaviour with  love and/or approval.  In the l a t t e r case i t has been claimed that  by encouraging a g i r l to become a homemaker we prepare her f o r the world, which she w i l l f i n d does approve of her i n that r o l e and i n few others.  But the r e l a t i o n s h i p between being a homemaker and gaining  love and/or approval i s f a r l e s s c e r t a i n than that between touching f i r e and pain, and although I can never make i t the case that f i r e does not burn my c h i l d , I can be one of the few people who approve of her becoming a doctor. Secondly, i n both the Delta c h i l d r e n and the girl-homemaker cases, the influence exerted makes the person influenced have the values and aims which the i n f l u e n c e r wants him/her to have, rather than helping the person influenced to discover what he/she wants to do.  Even i f  the g i r l ' s parents and teachers are not d e l i b e r a t e about i n f l u e n c i n g her to become a homemaker, nevertheless she i s influenced to have the aims they want her to have when they reward her with t h e i r love and/or approval f o r exploring that r o l e and no others.  I f they wanted  to influence her to discover what she wants to do, they could and would encourage her to explore any harmless r o l e s that i n t e r e s t her. My h y p o t h e t i c a l u n c l e - a r t i s t case d i f f e r s f r o m the girl-homemaker case -  i n j u s t t h i s way.  When my uncle gives me an appreciation of p a i n t i n g ,  he increases my means of f i n d i n g out what I want to do;  and even i f  53  he rewards me with h i s approval f o r my i n t e r e s t i n p a i n t i n g , he does not influence me to have the values and aims he wants me to have rather than to f i n d out what I want so long as he does not withhold h i s approval from a l l my other i n t e r e s t s . So i n the case of the girl-homemaker I think we should say that the obstacle to her performing up to the l e v e l of her n a t u r a l a b i l i t i e s i s t h a t , by rewarding her w i t h love and/or approval only f o r p l a y i n g at the r o l e of homemaker, her parents and teachers created an a s s o c i a t i o n i n her mind between that r o l e and love and/or approval which does not r e f l e c t any regular causal r e l a t i o n s h i p , and that by t h i s means they influenced her to have the aims and values they wanted her to have rather than to discover what she wanted to do and could do best.  To remove t h i s type of obstacle to people's performing up  to the l e v e l of t h e i r n a t u r a l a b i l i t i e s , we must r e f r a i n from e x e r t i n g the kind of i n f l u e n c e I have described.  Since i t i s not always easy  to be aware of our own preferences or to know what w i l l serve as a reward or punishment to a c h i l d , the s a f e s t course of prevention i s probably to do whatever we can to help c h i l d r e n (and others) to f i n d out f o r themselves what they want to do, as a c t i n g on t h i s conscious i n t e n t i o n would tend to counteract any unconscious manipulation we may be engaging i n . When I say that we might adopt a p o l i c y of doing everything we  can  to help people f i n d out what they want to do, I do not mean to suggest that people are born w i t h hidden tastes and preferences that they must  54  then uncover to discover what they want to do.  Probably people's  preferences f o r various a c t i v i t i e s and experiences are determined by innumerable-factors of both t h e i r environment and t h e i r i n h e r i t a n c e . But e s p e c i a l l y in.choosing an occupation or r o l e , we must know what a c t i v i t i e s and experiences i t involves before we can know i f we want i t , and t h i s i s the process of discovery.  Someone might object to the  random way i n which people's preferences f o r a c t i v i t i e s and experiences are determined and maintain that, since influences of some kind are i n e v i t a b l e , they should be d e l i b e r a t e and d i r e c t e d towards making people's preferences match t h e i r a b i l i t i e s : . ,  This might be a u s e f u l  p o l i c y , but, as I have claimed, i t cannot be necessary t o c r e a t i n g e q u a l i t y of opportunity, since only some kinds of influences over people's preferences hinder opportunity and only some kinds of influences are obstacles t o people's performing up to the l e v e l of their natural a b i l i t i e s . There are important p s y c h o l o g i c a l components to a g i r l ' s becoming a doctor besides her d e s i r e to do so and her possessing a l l of what I have c a l l e d the u n i v e r s a l l y important character t r a i t s .  The t r a i n i n g  of a p h y s i c i a n i s a long and d i f f i c u l t process, f o r which one who i s to succeed needs a high degree of s e l f - c o n f i d e n c e , .patience and d i s c i p l i n e i n a d d i t i o n to a strong d e s i r e to do i t .  Now confidence i n  one's i n t e l l e c t u a l and p h y s i c a l powers, patience and d i s c i p l i n e are t r a i t s which adults can c u l t i v a t e or quash i n c h i l d r e n , i n ways s i m i l a r to those by which they i n f l u e n c e some of t h e i r children's  55  desires.  Therefore we must consider whether any of the means by  which people can be influenced to develop or not.to develop p e r s o n a l i t y t r a i t s that are necessary f o r s p e c i f i c jobs create obstacles to t h e i r performing up to the l e v e l of t h e i r n a t u r a l a b i l i t i e s and also whether any of these means should be used to make sure that people have those t r a i t s which w i l l be most h e l p f u l i n the work they are s u i t e d to do. Straightforward conditioning could be applied to  developing  or destroying s p e c i f i c p e r s o n a l i t y t r a i t s by d e l i b e r a t e l y rewarding or punishing manifestations of them.  A v i v i d p i c t u r e of t h i s possib-  i l i t y i s presented by Charles Dickens i n David Copperfield, where Mr. Murdstone and h i s s i s t e r s y s t e m a t i c a l l y destroy the self-confidence of David's mother.  Attempting to influence people to develop some  p e r s o n a l i t y t r a i t s and not others by means of rewards and punishments i s quite common; parents and teachers t r y to make c h i l d r e n obedient, r e s p e c t f u l , t i d y and industrious and to prevent t h e i r being c r u e l , greedy and messy.  selfish,  Reward and punishment often f a i l to shape  p a r t i c u l a r p e r s o n a l i t i e s the way  they are intended t o , but that does  not show that the task of shaping p e r s o n a l i t i e s i s impossible; may be the l e a s t e f f e c t i v e means.  they  C e r t a i n l y other kinds of influence 42  have been known to work - advice, example, and even a t t r i b u t i o n . I t i s reasonable to suppose that with more knowledge we could do quite a l o t to determine the character t r a i t s c h i l d r e n w i l l acquire. Now would any method by which we might influence a g i r l not to develop self-confidence, patience and d i s c i p l i n e put obstacles i n the way of her performing up to the l e v e l of her n a t u r a l a b i l i t i e s and  deprive  56  her of her opportunity to become a doctor, or would only some methods do that ?  Does reward and/or punishment, f o r example g i v i n g love  and approval to her when she shows 'feminine' t i m i d i t y or f l i g h t i n e s s , v i o l a t e her opportunities more than advice l i k e , "Men  are a t t r a c t e d  to g i r l s who make them f e e l needed, not g i r l s who act too s e l f - c o n f i d e n t " ? And what about a t t r i b u t i o n :  "She's so h e l p l e s s , impatient, e t c . " ?  I am i n c l i n e d to say that any method of i n f l u e n c e which i s s u f f i c i e n t to prevent her developing the t r a i t s she needs to become a doctor places obstacles i n her way and deprives her of her o p p o r t u n i t i e s , and that, t h i s i s true whether or not the method i s applied d e l i b e r a t e l y to produce the r e s u l t s i t produces.  I t i s the l a c k of the necessary  t r a i t s which i s the obstacle to her performance, so.that by creating, that lack we create the obstacle and diminish her o p p o r t u n i t i e s . What i f we make no e f f o r t to quash the necessary t r a i t s and no e f f o r t to c u l t i v a t e them e i t h e r ?  Self-confidence, patience and  d i s c i p l i n e often (not always) b r i n g t h e i r own rewards;  so unless  we punish instances of them or prevent the usual rewards from coming, c h i l d r e n are l i k e l y to develop these t r a i t s on t h e i r own, provided they are given occasion to exercise them and discover the rewards f o r themselves.  But then c u l t i v a t i n g these t r a i t s may  consist p r i m a r i l y i n  providing people w i t h occasions to exercise them and reap the rewards. To do nothing toward providing or preventing such occasions leaves the development of those t r a i t s to chance - to the a c c i d e n t a l circumstances of environment.  And then i t i s reasonable to say that people have  very unequal opportunities to become doctors even i f the only d i f f e r e n c e  57  among them i s that some of them by chance lacked the conditions f o r developing patience or d i s c i p l i n e and others had those conditions. The lack of patience or d i s c i p l i n e i s an obstacle to some people's performing up to the l e v e l of t h e i r n a t u r a l a b i l i t i e s - an obstacle which we could take (or could once have taken) steps to remove. I t looks as though we should commit ourselves to c u l t i v a t i n g self-confidence, patience and d i s c i p l i n e i n everyone as a means of 1  removing the obstacles to people's performing up to the l e v e l of their natural a b i l i t i e s .  I say ' c u l t i v a t i n g ' because some methods  of i n f l u e n c i n g people to develop these t r a i t s might be unacceptable to us, not on the grounds that they diminish people's o p p o r t u n i t i e s j but on other grounds - f o r example some methods might cause damage to other aspects of the p e r s o n a l i t y ;  but c u l t i v a t i n g the t r a i t s ,  i . e . g i v i n g people occasions t o exercise them and experience t h e i r rewards, i s not a method that i s l i k e l y to c o n f l i c t with other kinds of well-being.  Furthermore, possessing self-confidence, patience  and d i s c i p l i n e i s l i k e l y to be h e l p f u l to nearly everyone, and acquiring them i s not l i k e l y to c o n f l i c t w i t h acquiring other p s y c h o l o g i c a l t r a i t s which are necessary or u s e f u l i n various other employments. This brings us to some d i f f i c u l t i e s . u s e f u l i n other kinds of employments ?  What of the t r a i t s that are Can we c u l t i v a t e a l l the  psychological t r a i t s that are necessary or h e l p f u l i n a l l jobs i n everyone ?  Three circumstances might make t h i s impossible.  58  First,  i t may be i m p o s s i b l e to c u l t i v a t e  be n e c e s s a r y  or h e l p f u l i n some o c c u p a t i o n s .  t r a i t s may o r d i n a r i l y b r i n g p a i n as o f t e n pleasure -  some t r a i t s  The e x e r c i s e  as o f more o f t e n  compassion, p e r h a p s , i s an example.  deliberately  reward m a n i f e s t a t i o n s  o f some than  We would have  of such t r a i t s  methods to i n f l u e n c e people to a c q u i r e them;  t h a t would  or employ o t h e r  i t would n o t be  to p r o v i d e circumstances i n which, they c o u l d be e x e r c i s e d . methods that would be needed to i n f l u e n c e people might be o b j e c t i o n a b l e  to  sufficient The  to develop such  to u t i l i t a r i a n s on the grounds t h a t  they  traits cause  some harm to the p e r s o n a l i t y o r to the s o c i a l s t r u c t u r e or b o t h . Second, t r a i t s  that  are n e c e s s a r y  might c o n f l i c t w i t h t r a i t s  that  For example,  a tendency  contentment -  o n e ' s way - would be a u s e f u l u n p l e a s a n t or dead-end j o b s , with a highly-developed  or u s e f u l i n some o c c u p a t i o n s  are n e c e s s a r y  to e a s i l y  are h i g h l y  but t h i s  competitive.  It  i s very d i f f i c u l t  in a child.  (perhaps even  questionable  jobs  whether  the same p e r i o d i n h i s / h e r  to imagine how we would c u l t i v a t e  necessary)  life;  them both  We can imagine i n f l u e n c i n g a c h i l d to be ambitious up to  the p o i n t that e f f o r t content;  i n many  s t r i v i n g and to keeping  i s at l e a s t at  trait  comes  t r a i t would seem to be i n c o m p a t i b l e  a m b i t i o n , which i s u s e f u l  someone can have both these t r a i t s and i t  accept whatever  (perhaps even n e c e s s a r y )  to o b t a i n i n g j o b s by l o n g and d i f f i c u l t that  or u s e f u l i n o t h e r s .  can achieve no more, and a t t h a t p o i n t to be  but such a c h i l d i s u n l i k e l y to s e t t l e i n t o an u n p l e a s a n t  or dead-end job u n t i l  a l o n g time has p a s s e d ,  if  at  all.  59  Third, or u s e f u l  t h e r e may be so many p e r s o n a l i t y  i n some o c c u p a t i o n t h a t ,  w i t h one a n o t h e r , person.  If  t h i s were the c a s e ,  or i f  they are not  b e s t s u i t e d to p e r f o r m .  i n which p e o p l e .  In f a c t  this  them a l l i n one  is desirable  c h i l d r e n as i t  is  i n those  of  o f adopting t h i s  to e x e r c i s e  when he suggests t h a t we use u t i l i t a r i a n c o n s i d e r a t i o n s  its^costs  against  to  that we s h o u l d c o n s i d e r the p r o b a b i l i t i e s succeed  i n removing the o b s t a c l e ,  what p r e s e n t f o r equal  institutions,  that  energy  control  decide situations their  of  the  and s t r i v i n g ,  the m o d i f i c a t i o n w i l l  and t h a t we s h o u l d ask  ourselves  l i k e the f a m i l y , we are w i l l i n g to g i v e up  opportunity.  I w i l l not attempt here.  the b e n e f i t s  i n human time,  opportunity  criterion  to t h e i r p e r f o r m i n g at the l e v e l of  modification  is  Frankel  whether or not to make a p a r t i c u l a r m o d i f i c a t i o n i n p e o p l e ' s  He says we should weigh  in  policy,  as much p u b l i c  l i k e l y to r e q u i r e .  natural a b i l i t i e s .  decide  circumstances.  q u e s t i o n about a p p l y i n g h i s " e d u c a t i o n a l "  to remove the o b s t a c l e s  were  i n the work he/she  the c r i t e r i o n of e q u a l i t y  Q u i t e a p a r t from the p r a c t i c a l d i f f i c u l t i e s  over the growth o f  incompatible  We might c u l t i v a t e  we are examining seems to r e q u i r e such a p o l i c y  it  necessary  the second circumstance  t r a i t s which are most u s e f u l  we must ask whether  are  are i n c o m p a t i b l e , we would be f o r c e d to  to c u l t i v a t e  each p e r s o n those  anticipates  that  i t would be i m p o s s i b l e to c u l t i v a t e  the case and some t r a i t s which t r a i t s  even i f  traits  I am content  to answer these q u e s t i o n s  to have shown how the  c r i t e r i o n of e q u a l i t y  of o p p o r t u n i t y i s  of  cost  'removing the  a very s t r i c t  and  benefit  obstacles'  c r i t e r i o n indeed.  60  3) Free Choice and S a t i s f a c t i o n . U t i l i t a r i a n s who want e q u a l i t y of opportunity as a means of having most people i n jobs which they f r e e l y choose and which employ t h e i r a b i l i t i e s i n ways s a t i s f y i n g to themselves w i l l not l i k e r u l e s which unnecessarily exclude anyone from a p a r t i c u l a r job.  Rules which  require or exclude (non-universal) t r a i t s which are not important to the performance  of a job needlessly reduce the number of people who  can choose to do that job and p o s s i b l y f i n d i t a source of s a t i s f a c t i o n to  them. Thus these u t i l i t a r i a n s would c e r t a i n l y r e j e c t the r u l e given i n  example (b).  The e x c l u s i o n of vast numbers of people from becoming  doctors by a r u l e r e q u i r i n g that they be able to l i f t a 200-lb. man would f a r outweigh*., the small u t i l i t y of the requirement.  On the  other hand, as u t i l i t a r i a n s they would have to accept the r u l e given i n example ( c ) , which requires doctors to have a medical education, regardless of how many people i t excluded from becoming doctors. However, as we have seen, they could accept the r u l e given i n example (c) and s t i l l object to the t o t a l s i t u a t i o n described there. They might think that the c o r r e l a t i o n between having a medical education and being male suggests that e i t h e r females or males are being deprived i n some way of the freedom to choose t h e i r professions.  They would  have to know that as many as possible females and males had a free choice about whether or not to become doctors before they would approve of the t o t a l s i t u a t i o n i n example ( c ) .  61  The desire to increase the number of people who choose t h e i r own occupations and employ t h e i r a b i l i t i e s i n s a t i s f y i n g ways was  one  of M i l l ' s reasons f o r wanting to open a l l professions as f r e e l y to women as to men.  I t i s also a good reason f o r u t i l i t a r i a n s to support  e q u a l i t y of opportunity.  The work that they do i s f o r many people  the major source of happiness or misery i n t h e i r l i v e s ;  and, as M i l l  pointed out, the freedom to choose one's own occupation i s an important source of happiness i n i t s e l f . Of course u t i l i t a r i a n s might want to maximize the number of people who f r e e l y choose t h e i r occupations and engage i n s a t i s f y i n g work without wanting everyone to have an equal opportunity to f i l l the jobs that e x i s t r i g h t nowyin our society.  They might think i t necessary  to deprive some people of any choice at a l l i n order to give most people free choice and job s a t i s f a c t i o n , i n which case they would not want everyone's o p p o r t u n i t i e s to be equal.  Or, they might think that  the jobs that e x i s t i n our s o c i e t y r i g h t now cannot p o s s i b l y o f f e r s a t i s f y i n g work to any but a small m i n o r i t y of people, so that a complete s o c i a l and economic reorganization i s necessary to r e a l i z e t h e i r goal.  But here we are concerned with t h i s u t i l i t a r i a n goal only  i n s o f a r as i t i s a reason f o r wanting equal opportunity f o r everyone to f i l l the e x i s t i n g jobs.  We s h a l l look at how t h i s reason f o r  wanting i t would a f f e c t our c r i t e r i a of equal opportunity. One c r i t e r i o n of equal opportunity which seems to s u i t these purposes i s that people have equal opportunity when each person's choice of employments i s maximized.  The idea that, given free  62  c h o i c e of t h e i r o c c u p a t i o n s , most or even many people would wind up i n j o b s which employ t h e i r a b i l i t i e s i n s a t i s f y i n g ways i s perhaps a little  optimistic.  But we may be a b l e to d i s c o v e r the b e s t  c o n d i t i o n s f o r making a good c h o i c e and p r o v i d e those c o n d i t i o n s . example, we might f i n d likely  For  out by e x p e r i e n c e at what age people are most  to choose an o c c u p a t i o n which w i l l c o n t i n u e to g i v e them  satisfaction;  we a l r e a d y know t h a t  ten years i s  c e r t a i n l y too young  except f o r a few p r o d i g i e s and t h i r t y y e a r s i s too l a t e f o r some o c c u p a t i o n s , l i k e those i n v o l v i n g music and languages. o c c u p a t i o n s i t i s not n e c e s s a r y them;  F o r many  t h a t a p e r s o n devote a l i f e t i m e  to  thus most people can choose t h e i r work more than once, and t h i s  creates  a better  chance t h a t f r e e  c h o i c e w i l l l e a d to job  How would we go about maximizing p e o p l e ' s The obvious f i r s t  satisfaction.  c h o i c e of employments ?  step i s to p e r m i t them t o do any j o b s they want to do  and are capable of d o i n g ( a t  least  adequately).  Of course  this  means t h a t we must n o t e x c l u d e anyone from a j o b by r e q u i r i n g t r a i t s which are not important to i t s performance or by r u l i n g out which do n o t i n t e r f e r e w i t h i t s performance.  traits  Then we would have  to  apply the same p o l i c y to t r a i n i n g f o r j o b s - p e r m i t t i n g people to whatever  t r a i n i n g they want and are capable of t a k i n g -  step i s to be m e a n i n g f u l a t a l l .  if  the  take  first  But are these two measures enough ?  When people are allowed to do any work they want t o do and can do, and to o b t a i n the t r a i n i n g n e c e s s a r y f o r i t ,  s h a l l we say t h a t we have  maximized t h e i r c h o i c e s and now, as f a r as p o s s i b l e ,  they f r e e l y  choose  63  t h e i r occupations and have equal opportunity ? I think, l i k e Sharon H i l l , that we must go back beyond the point when the decision i s made i f we want to maximize people's choices. H i l l says: We saw e a r l i e r that i n order to decide f o r oneself, one must decide without being coerced at the time of choice. There are other i n t e r f e r e n c e s which may occur much e a r l i e r and which can render a person incapable of making autonomous decisions on these important matters. For the time being, l e t us imagine a school system d e l i b e r a t e l y adopted the following p o l i c i e s . F i r s t , suppose that the system leads g i r l s to take up domestic a c t i v i t i e s and keeps them from others l i k e competitive games and mechanics. - Then, when they reach the age to choose how to spend t h e i r time, they have already developed the s k i l l s to enjoy cooking and sewing at a high l e v e l and discover, not s u r p r i s i n g l y , that they l i k e domestic tasks and not car r e p a i r , carpentry or b a s k e t b a l l . Surely the p o s s i b i l i t y that these l a t t e r might have been the objects of t h e i r choice i s v i r t u a l l y extinguished. You may say that at the age of reason they have a r i g h t to s e l f - d e t e r m i n a t i o n , but i t i s an empty r i g h t i n so f a r as the l i v e options f o r them have been severely r e s t r i c t e d . 4 4  H i l l l i s t s a t o t a l of f i v e ways i n which schools can (and do) i n t e r f e r e w i t h people's choices~6f career long before the time f o r choosing a r r i v e s : 1. By r e s t r i c t i n g the s k i l l s that c h i l d r e n develop to those needed i n only c e r t a i n kinds of occupations and a c t i v i t i e s . 2. By d e p r i v i n g them of information about what careers they are capable of pursuing. 3. By r e s t r i c t i n g t h e i r imaginations to a c t i v i t i e s of c e r t a i n sorts.  She suggests they might do t h i s by l i m i t i n g r o l e models or  by constantly warning some c h i l d r e n about the unfortunate consequences of engaging i n c e r t a i n occupations.  64  4. By encouraging the development make i t v i r t u a l l y careers  of c h a r a c t e r  i m p o s s i b l e f o r them to s u c c e s s f u l l y  and d i s c o u r a g i n g the development  conducive  t r a i t s which w i l l certain  of those which would be  to and h e l p f u l i n p u r s u i n g those  5. By i n s i s t i n g on standards  pursue  careers.  of d r e s s and e t i q u e t t e  which  i n our s o c i e t y ,  a s s o c i a t e d w i t h c e r t a i n c a r e e r r o l e s and l i f e  The a s s o c i a t i o n  tends  future  the c h i l d r e n ' s e x p e c t a t i o n s  styles.  about  their  lives.  Of c o u r s e , schools they  to f i x  are,  as she p o i n t s  out,  these t h i n g s  can be done o u t s i d e  the  i n the home and i n v a r i o u s other s o c i a l s i t u a t i o n s .  And  can be done at any time Before the time f o r choosing a c a r e e r ,  not j u s t  d u r i n g the  Hill's  first  to make c h o i c e s  t h r e e methods of i n t e r f e r i n g w i t h p e o p l e ' s  suggest that  previous section) people's  school-years.  occupations:  were n e c e s s a r y  conditions  f o r maximizing p e o p l e ' s  and knowledge  that we p r o v i d e adequate  the  to  to whatever  degree  special skills they  their  learning  they are capable  i n f o r m a t i o n about what r o l e s and j o b s  and knowledge  choose to do.  f o r maximizing p e o p l e ' s  and knowledge  might  choice of  to them, and that we p r o v i d e the means f o r them to  p a r t i c u l a r jobs necessary  f o r removing the o b s t a c l e s  that we p r o v i d e the b e s t c o n d i t i o n s f o r t h e i r  the b a s i c s k i l l s  whatever  some of the c o n d i t i o n s I s a i d ( i n  p e r f o r m i n g up to the l e v e l of t h e i r n a t u r a l a b i l i t i e s  a l s o be n e c e s s a r y  available  abilities  s h o u l d be developed  are n e c e s s a r y  f o r d o i n g any  . People's  to the b e s t o f  are  acquire  I t h i n k these c o n d i t i o n s choices.  basic  of,  are  skills  their capacity  so  65  that  they have a c c u r a t e . i n f o r m a t i o n about what they are capable of  and so t h a t  their abilities  to compete f o r o c c u p a t i o n s  succeed at have been maximized;  they  for unless t h e i r a b i l i t i e s  could to  compete are maximized, some c a r e e r s are c l o s e d to them u n n e c e s s a r i l y (i.e.  not because  choice i s reached. he/she  F u r t h e r m o r e , . i f someone f a l s e l y  t o be a j a n i t o r , we can h a r d l y say t h a t  chose h i s / h e r o c c u p a t i o n ;  believes  are to be maximized.  are a v a i l a b l e  to them i f  And u n l e s s everybody has the  are l i m i t e d to those f o r which they are n o t as great  adequate their actual  their  choices  can o b t a i n t r a i n i n g and t h e i r  as they c o u l d be.  In a d d i t i o n , s i n c e poor or unbalanced p h y s i c a l development obviously r e s t r i c t people's  c h o i c e of work a g r e a t  - g o o d n u t r i t i o n , proper m e d i c a l c a r e , f r e s h a i r , r e s t we are to maximize t h e i r c h o i c e of  development  and e x e r c i s e  easy to a v o i d .  We can r e f r a i n from imposing standards of d r e s s and e t i q u e t t e they  choose t h e i r o c c u p a t i o n s .  people to change t h e i r o c c u p a t i o n s  -  occupation.  The f i f t h method of i n t e r f e r i n g seems r e l a t i v e l y  before  can  d e a l , I t h i n k we  must a l s o p r o v i d e everyone w i t h the c o n d i t i o n s f o r p h y s i c a l  if  else,  that person  means of t r a i n i n g f o r any o c c u p a t i o n they might choose,  choices  the p o i n t o f  t h e r e f o r e people must have  i n f o r m a t i o n about what o c c u p a t i o n s choices  of them) b e f o r e  can e i t h e r be a j a n i t o r or a garbage c o l l e c t o r and n o t h i n g  and chooses freely  they were n o t capable  on people  And s i n c e we do want to  as w e l l as to choose t h e i r  allow  first  ones, we s h o u l d p r o b a b l y a b o l i s h e n f o r c e d standards of dress and  66  etiquette  as f a r as p o s s i b l e ,  or make standards u n i f o r m f o r  o c c u p a t i o n s except where r e q u i r e d f o r h e a l t h or s a f e t y , to maximize p e o p l e ' s  choices  of work.  innumerable p s y c h o l o g i c a l p r e s s u r e s person's  can s u f f i c i e n t l y  For that matter,  can determine a p e r s o n ' s e x p e c t a t i o n s h e l p of p a t t e r n s Hill's  fourth  that  to a h i g h degree - p a s s i v i t y , others very l i t t l e  doctors.  the h e l p of  certain personality  aggressiveness,  patience  becoming d o c t o r s , powers.  tend to choose to become housewives  regardless  s u i t e d to become  these c h a r a c t e r t r a i t s them w i l l  she i s n o t s u i t e d to becoming a d o c t o r .  Even i f  selfin  are required that  ( and t h i s might be  she wants v e r y much to become a d o c t o r ,  she now l a c k s a r e important to success  occupations  housewives.  c o r r e c t l y judge  i n v o l v e d w i l l p r o b a b l y l o o k insurmountable to h e r . traits  and not  of t h e i r i n t e l l e c t u a l and p h y s i c a l  and knows t h a t she l a c k s  v e r y unusual)  and  and d i s c i p l i n e w i l l p r o b a b l y not succeed  A g i r l who can see t h a t  f o r success  -  traits  i m p a r t i a l i t y and  As I p o i n t e d out i n the p r e v i o u s s e c t i o n , people who l a c k confidence,  the  interference.  u n d e r s t a n d i n g and s e n s i t i v i t y  C e r t a i n l y they w i l l be b e t t e r  pressures  And t h a t b r i n g s us to  i f g i r l s develop  or n o t at a l l -  discipline -.they w i l l  determine a  innumerable p s y c h o l o g i c a l  and most p r o b l e m a t i c k i n d of argues  waft't  about the f u t u r e w i t h o u t  o f d r e s s and e t i q u e t t e .  Sharon H i l l  i f we  Of course we know t h a t  s t y l e s of d r e s s and b e h a v i o u r w i t h o u t  institutional rules.  all  the  difficulties  Because  character  i n many k i n d s of  ( t r a d i t i o n a l l y and not a c c i d e n t a l l y  'male'  occupations),  67  her choice of career has already been g r e a t l y reduced by the  particular  way that her character has developed. Here again we are confronted, as we were when we considered  how  to remove the obstacles to people's performing up to the l e v e l of t h e i r n a t u r a l a b i l i t i e s , with the problem of what s o r t s c o f i n f l u e n c e , i f any, we ought to exert on the development of character t r a i t s . And here again I am i n c l i n e d to say that any method of influence which i s s u f f i c i e n t to prevent a g i r l from developing the t r a i t s 'she needs to become a doctor deprives her of her o p p o r t u n i t i e s , t h i s time by reducing her choice of occupation.  Furthermore, i f we do not  d e l i b e r a t e l y i n f l u e n c e her i n any way, but leave i t to chance whether or not she develops these t r a i t s , we have not maximized her choices, since she could by accident lack the conditions f o r c u l t i v a t i n g these t r a i t s when we could have provided them.  So i t seems that we  must c u l t i v a t e s e l f - c o n f i d e n c e , patience and d i s c i p l i n e i n people i f we want to maximize t h e i r choices. But can we c u l t i v a t e a l l the p s y c h o l o g i c a l t r a i t s that are necessary i n a l l gobs i n everyone ?  I f i t i s p o s s i b l e , t h i s would seem  to be required to maximize everyone's choices, f o r i t would mean that no one would lack the p s y c h o l o g i c a l equipment to enter and stay i n  a n  y  occupation, and thus no one's choices would be l i m i t e d by the, . development of his/her character.  Of course i f i t i s not p o s s i b l e , as i t  might not be f o r any of the reasons I suggested on pages 5"7 through St , then people's choices would n e c e s s a r i l y be l i m i t e d by the development  68  of t h e i r c h a r a c t e r s ,  although we may be a b l e t o reduce  these  l i m i t a t i o n s f a r below t h e i r p r e s e n t l e v e l by c u l t i v a t i n g which are n e c e s s a r y . t o  traits,  traits  a l l o r most o c c u p a t i o n s . a n d those t h a t do  not c o n f l i c t w i t h any o t h e r t r a i t s occupations.  those  Beyond t h a t ,  t h a t are n e c e s s a r y  as t o the development  of  to p a r t i c u l a r conflicting  the s o l u t i o n proposed i n the p r e v i o u s s e c t i o n - t h a t we  cultivate  i n each person those t r a i t s which are most u s e f u l i n the  work he/she i s b e s t s u i t e d to perform - i s n o t a p p r o p r i a t e h e r e , we a r e t r y i n g t o maximize p e o p l e ' s between  their natural a b i l i t i e s  choices  since  and n o t the r e l a t i o n s h i p  and t h e i r performance.  Here i t  seems more a p p r o p r i a t e to t r y to f i n d o u t p e o p l e ' s p r e f e r e n c e s f o r activities  and e x p e r i e n c e s  i n time to c u l t i v a t e _ t h e  special  traits  that would enable them to pursue those i n t h e i r o c c u p a t i o n s . c o u l d of course l e a v e Finally,  the development o f c o n f l i c t i n g t r a i t s  some t r a i t s  t h a t a p e r s o n may not have a l r e a d y  We t o chance. developed  when he/she c o n s i d e r s e n t e r i n g a p a r t i c u l a r o c c u p a t i o n might be developed f o r the s p e c i f i c purpose of e n a b l i n g him/her to pursue that occupation. necessary appealing;  I t may be t h a t i n many cases people who l a c k the  t r a i t s would not f i n d  the o c c u p a t i o n that r e q u i r e s them  b u t where t h i s remedy i s p o s s i b l e , making the means of  doing i t ( a k i n d of r e h a b i l i t a t i v e psychotherapy everyone would be a n e c e s s a r y  ?) a v a i l a b l e  step i n maximizing e v e r y o n e ' s  to  choices.  Aho.ther.-problem 'which" came * up^'when* we- asked'-h 6w to remove the v  T  t  69  obstacles  to p e o p l e ' s  abilities  a l s o a r i s e s when we c o n s i d e r how t o maximize t h e i r  People's  not wanting  up o t h e r s  sometimes  natural a b i l i t i e s ,  p e r f o r m i n g up to the l e v e l of t h e i r n a t u r a l  to take up c e r t a i n c a r e e r s and wanting a c t s as an o b s t a c l e  and i n some cases i t  choice of occupations. usually  It  Thus i t would not be outrageous  to say t h a t  their  s i n c e we  b e i n g a b l e to do what  But i n some cases the source of p e o p l e ' s  take  their  can be s a i d to l i m i t  one  desires  can be s a i d to be an i n t e r f e r e n c e w i t h the normal p r o c e s s a choice.  to  to t h e i r e x e r c i s i n g  seems odd t o say the l a t t e r ,  consider having a choice j u s t  wants to do.  choices.  of making  the  Delta  c h i l d r e n i n my example from H u x l e y ' s Brave New World (see pages 4-8 and 41 above)  d i d not r e a l l y have a c h o i c e about whether or not  become gardeners o r l i b r a r i a n s , o r t h a t whose p a r e n t s  and t e a c h e r s  makers d i d not r e a l l y have k i n d of i n f l u e n c e  influenced  the g i r l s d e s c r i b e d on pages  them to want t o become  wants t h a t  t h e i r p e r f o r m i n g up to the l e v e l of  creates  The same  an o b s t a c l e  their natural a b i l i t i e s  the k i n d o f i n f l u e n c e  that  creates,  to  can be  c o n s i d e r e d an i n t e r f e r e n c e w i t h the normal process', o f making a i.e.  choice:  by means o f reward and/or  punishment, an a s s o c i a t i o n i n the mind o f the p e r s o n i n f l u e n c e d t h a t not r e f l e c t  41^w.<^50  home-  the c h o i c e of becoming d o c t o r s .  over p e o p l e ' s  to  does  any r e g u l a r c a u s a l r e l a t i o n s h i p and makes the p e r s o n  i n f l u e n c e d have the v a l u e s  and aims which the i n f l u e n c e r wants him/her  to have r a t h e r than h e l p i n g the person i n f l u e n c e d he/she wants to do (see page 5"3 above) .  to d i s c o v e r  what  70  Thus people's not wanting to take up c e r t a i n careers and wanting to take up others can be s a i d to l i m i t t h e i r choice of occupations and thereby decrease t h e i r opportunities when the source of these wants i s the kind of influence (described above) that i n t e r f e r e s with the normal process of making a choice.  And unless one wants to  claim that people e x e r c i s e the same degree of choice whenever' they do what they want to do, regardless of the source of t h e i r wants, t h i s kind of influence seems to be a good place to draw the l i n e f o r acceptable sources of wants.  For, as we saw i n the l a s t s e c t i o n ,  most influences upon what we want to do cannot reasonably be said to deprive us of or diminish our o p p o r t u n i t i e s , but those r e l a t e d to straightforward conditioning can. I do not want t o discuss here the i s s u e of whether the sources of people's desires ever a f f e c t t h e i r freedom of choice.  I t i s at  l e a s t a p l a u s i b l e claim that they sometimes do, and I have suggested a good c r i t e r i o n by which to recognize those times.  People who think  that they never do cannot object to conditioning and r e l a t e d influences on the grounds that they diminish t h e i r choices, although they might object to them on other grounds.  But i f we grant that some kinds of  influence over people's wants do diminish t h e i r choices of occupation, then we must avoid those kinds of i n f l u e n c e i f we are to maximize people's choices.  As I suggested i n the l a s t s e c t i o n , a good way.to  avoid them i s to adopt a p o l i c y of doing everything we can to help people f i n d out, given t h e i r preferences f o r some a c t i v i t i e s and experiences, what occupations they want to pursue.  71  I think I have now presented most i f not a l l the involved i n t r y i n g to maximize each person's:choice  difficulties  of occupation.  I have also shown that employing t h i s c r i t e r i o n of equal opportunity requires us to take many of the same steps as we needed.for removing the obstacles to people's performing at the l e v e l of t h e i r n a t u r a l abilities. 4) Improving the Relations between Groups •. People who want to improve the r e l a t i o n s between, say, the races or the sexes by p u t t i n g them on a more equal f o o t i n g economically, s o c i a l l y and p o l i t i c a l l y w i l l have d i f f e r e n t ideas about what improvement consists i n .  However, those who  s t r e s s t h i s 9s a goal of equal  employment opportunity w i l l a l l b r i n g a perspective to the problem of correlated t r a i t s and the d e f i n i t i o n of equal opportunity which we have not yet encountered.  For they w i l l be p r i m a r i l y concerned to  compare the s i t u a t i o n s of the members of one group w i t h the s i t u a t i o n s of the members of another group. Thus anyone who hopes to improve the r e l a t i o n s between the sexes by ensuring equal employment opportunity i n a s o c i e t y w i l l be concerned about the degree of c o r r e l a t i o n between sex and a t r a i t required or excluded by r u l e s governing who gets to do a p a r t i c u l a r job.  Utilit-  arians with t h i s goal have a prima f a c i e reason f o r d i s l i k i n g  any r u l e  which requires or excludes a t r a i t c o r r e l a t e d with sex, since the r u l e tends to work againstt'them by excluding women from jobs to which men have access and v i c e versa.  Of course t h i s i s only a prima f a c i e  72  reason f o r them to d i s l i k e such a . - r u l e , by some reasons  for l i k i n g . i t ,  were n e c e s s a r y . t o  and i t would be  f o r example  the performance of  would be more i n c l i n e d to : accept  outweighed  i f :the t r a i t  the j o b .  required  Furthermore,  such a r u l e i f  the c o r r e l a t i o n i n  q u e s t i o n c o u l d be changed by measures w i t h i n our r e a c h , and i n c l i n e d to accept extremely  it  difficult  if  to  the c o r r e l a t i o n i s n a t u r a l or  less  otherwise  change.  U t i l i t a r i a n s who have t h i s d e s c r i b e d i n example  they  (b).  It  f o u r t h g o a l would not l i k e the r u l e r e q u i r e s a t r a i t which i s  highly  c o r r e l a t e d w i t h b e i n g male and i s n e i t h e r v e r y important to the job nor the s o r t of  c h a r a c t e r i s t i c which most women c o u l d a c q u i r e ;  t h i n g i t has i n i t s  favour i s  w h i l e i t has two v e r y I have a l r e a d y  a v e r y m i n i m a l degree  s e r i o u s counts a g a i n s t  s a i d that  it.  of  the  only  usefulness,  As f o r example  (c),  the r u l e i n t h i s example must be a c c e p t a b l e  to  any u t i l i t a r i a n but the t o t a l  s i t u a t i o n need n o t be a c c e p t a b l e .  having a medical education i s  the s o r t of t r a i t which we have reason  believe this  can be c u l t i v a t e d  among groups which do not now have i t  case women), we would expect those who s t r e s s  e q u a l o p p o r t u n i t y to want at l e a s t everything  possible,  and having a m e d i c a l Those who s t r e s s  Since  to e l i m i n a t e  to take s t e p s ,  this  (in  f o u r t h g o a l of  at most to do  the c o r r e l a t i o n between b e i n g male  education. improving the r e l a t i o n between  the sexes by  g i v i n g women and men e q u a l o p p o r t u n i t y w i l l tend toward c r i t e r i a of opportunity that they  to  compare t h e i r advantages i n competing f o r . j obs i  are n o t so concerned to minimize e v e r y o n e ' s  disadvantages  as  equal For  to  73  equalize the advantages of males and females, since they care l e s s about the r e l a t i o n s h i p between success and n a t u r a l a b i l i t y than about the r e l a t i o n s h i p between success and sex. John Schaar  46  47 and Bernard Williams both have c r i t e r i a of equal  opportunity which compare the advantages of people competing f o r some good, although neither of these w r i t e r s c l e a r l y seeks the u t i l i t a r i a n goal we are discussing.  Schaar says the equal opportunity p r i n c i p l e  guarantees that a l l competitors have the same advantages and that those who do w e l l are rewarded more generously than those who do poorly. ' A l l competitors have the same advantages' needs a l o t of s p e l l i n g out. I f i t i s easier f o r us to handicap the well-educated than to give everyone a good education, would that count as bringing about equal opportunity ?  Unfortunately Schaar does not elaborate, but I think  we can s a f e l y assert that no u t i l i t a r i a n who cares at a l l f o r f i l l i n g jobs w i t h the poeple most competent to perform them or f o r developing human capacities w i l l accept a c r i t e r i o n of equal opportunity that requires very much handicapping and s t i l l want t o b r i n g i t about. But i f u t i l i t a r i a n s who are p r i m a r i l y i n t e r e s t e d i n e q u a l i z i n g the advantages of men and women are not w i l l i n g to handicap the members of one group i n order to d o . i t , won't t h e i r c r i t e r i a of equal opportunity comeuback to minimizing everyone's disadvantages or maximizing everyone's advantages ?  Not necessarily..  They could adopt c r i t e r i a of equal  opportunity l i k e those Bernard Williams comes up w i t h In order to deal w i t h the problem of correlated t r a i t s :  74  I t seems then that a system of a l l o c a t i o n w i l l f a l l short of e q u a l i t y of opportunity i f the a l l o c a t i o n of the good i n question i n f a c t works out unequally or d i s p r o p o r t i o n a t e l y between d i f f e r e n t sections of s o c i e t y , i f the unsuccessful sections are under a disadvantage which could be removed by f u r t h e r reform or s o c i a l action.48 These c r i t e r i a do not c a l l f o r minimizing everyone's they c a l l f o r removing the disadvantages  disadvantages;  of some groups.  To c l a r i f y what W i l l i a m s ' c r i t e r i a of equal opportunity i n v o l v e , l e t " u s look a t how we would apply them t o example ( c ) .  Having seen  that the system of a l l o c a t i o n of M.D.'s i n f a c t works out unequally between men and women, we would look f o r any disadvantages  women might  be under which could be removed by f u r t h e r reform or s o c i a l a c t i o n . I f there were none, we would declare that women had equal opportunity w i t h men to become doctors. There are two problems with applying W i l l i a m s ' c r i t e r i a to t h i s example, and they are general problems f o r the use of h i s c r i t e r i a . The one he acknowledges i s the d i f f i c u l t y i n deciding what to count as a reformable disadvantage,  and I w i l l take i t up s h o r t l y .  The  other i s t h i s : I f women were 51% of the doctors, as they are 52% of the population, i t i s p o s s i b l e that t h e i r n a t u r a l t a l e n t s would be u n d e r u t i l i z e d , or that some women's n a t u r a l a t t r a c t i o n to a medical career would be f r u s t r a t e d , because they were under a disadvantage  that men were not under.  That i s , i t i s p o s s i b l e that i f there were no s p e c i a l disadvantages way of e i t h e r sex, women would be 75% of the doctors because of some n a t u r a l d i f f e r e n c e between the sexes.  For instance, women might  i n the  75  naturally find  s c i e n c e e a s i e r and be b e t t e r  at i t ,  more a t t r a c t e d  than men to a c a r e e r t h a t i n v o l v e s  or they might be a l o t of  w i t h b l o o d , or they might be i n s t i n c t i v e d i a g n o s t i c i a n s . i s p o s s i b l e too (and has f r e q u e n t l y been s u g g e s t e d ) : 75% of the d o c t o r s i f n e i t h e r sex was under any Perhaps B e r n a r d W i l l i a m s does not b e l i e v e differences of M . D . s ;  between  s h o u l d make us seek out disadvantages  The r e v e r s e  men might be  disadvantages. that  the sexes that would i n f l u e n c e  o t h e r w i s e , why would he t h i n k t h a t  contact  t h e r e are n a t u r a l the d i s t r i b u t i o n  a 12%-88% d i s t r i b u t i o n  any more than a 51%-49%  distribution ?  Or perhaps he t h i n k s t h a t n a t u r a l d i f f e r e n c e s  as disadvantages  and s h o u l d be compensated f o r i n o r d e r to  d i s t r i b u t e the p r i v i l e g e of b e i n g a d o c t o r between the g o a l of e q u a l o p p o r t u n i t y i s oftenof n a t u r a l d i f f e r e n c e s  i n a way that  We can l o o k f o r disadvantages percentage  supposed to bypass  ?  the does  t o e i t h e r sex r e g a r d l e s s  d i s t r i b u t i o n of M.D.s t h a t we f i n d .  reformable disadvantage  equally  the s e x e s .  the g o a l of e q u a l i t y  can count  of  Ironically, issue not. the  But what counts as a  Here i s an example W i l l i a m s  gives:  I t i s a known f a c t t h a t the system o f s e l e c t i o n f o r grammar s c h o o l s by the '11+' examination favours c h i l d r e n i n d i r e c t p r o p o r t i o n to t h e i r s o c i a l c l a s s , the c h i l d r e n of p r o f e s s i o n a l homes h a v i n g p r o p o r t i o n a t e l y g r e a t e r success than those from w o r k i n g - c l a s s homes. ye have every reason to suppose t h a t these r e s u l t s are the p r o d u c t , i n good p a r t , o f e n v i r o n m e n t a l f a c t o r s ; and we f u r t h e r know t h a t i m a g i n a t i v e s o c i a l r e f o r m , both o f the primary e d u c a t i o n a l system and of l i v i n g c o n d i t i o n s , would f a v o u r a b l y a f f e c t those e n v i r o n m e n t a l f a c t o r s . In these c i r c u m s t a n c e s , t h i s system of e d u c a t i o n a l s e l e c t i o n f a l l s s h o r t of e q u a l i t y o f o p p o r t u n i t y . ^ U n f o r t u n a t e l y he i s n o t s p e c i f i c about what i n the p r i m a r y e d u c a t i o n a l  76  system' and i n the home environment he would want to change. much l e v e l i n g of s o c i a l differences would he require ?  How  At l e a s t ,  i t seems, he would want c h i l d r e n . t o get the same b a s i c s k i l l s and the same c u l t u r a l exposure. as disadvantages;  He does not mention p s y c h o l o g i c a l f a c t o r s  but s u r e l y i f the c h i l d r e n of one class were  brought up to be l e s s competitive than those of another c l a s s , t h i s would be as much a disadvantage i n the E n g l i s h educational system as lack of s k i l l s .  And what about lack of encouragement f o r t h e i r  i n t e r e s t i n i n t e l l e c t u a l subjects ?  Not only how hard we w i l l compete  f o r what we want, but what we want can be influenced by our environment, and i t can be a disadvantage.  Think of the c h i l d who does not care  about passing the '11+' examination.  This i s a disadvantage, and  i t can often be removed. Williams suggests that even genetic differences may count . as reformable disadvantages: Suppose i t were discovered that when a l l curable environmental disadvantages had been dealt w i t h , there was a r e s i d u a l genetic d i f f e r e n c e i n b r a i n c o n s t i t u t i o n , f o r instance, which was c o r r e l a t e d w i t h d i f f e r e n c e s i n desired types of a b i l i t y ; but that the b r a i n c o n s t i t u t i o n could i n f a c t be changed by an operation. Suppose f u r t h e r that the wealthier classes could a f f o r d such an operation f o r t h e i r c h i l d r e n , so that they always came out on top of the educational system; would we then think that poorer c h i l d r e n did not have e q u a l i t y of opportunity, because they had no opportunity t o get r i d of t h e i r genetic disadvantages ? ^ Yet t o run our world l i k e t h i s , he says, would b e t o carry our emphasis 1  on equal opportunity to the point where c h i l d r e n are " j u s t being regarded as l o c a t i o n s of abilities.""'"''  Thus, having reached a very  s t r i c t c r i t e r i o n of equal opportunity, he begins t o point out that i n  77  p r a c t i c e we may p r e f e r thoroughgoing  a de-emphasis  insistence  on e q u a l i t y  We can, I t h i n k , g l e a n  on c o m p e t i t i o n and success of  opportunity.  from W i l l i a m s ' work on e q u a l i t y  a c r i t e r i o n which would be u s e f u l  A have e q u a l o p p o r t u n i t y w i t h the r e s t  Thus, t o determine i f  of  opportunity  to those u t i l i t a r i a n s who s t r e s s  g o a l of improving the r e l a t i o n s between  under any disadvantages  to a  the s e x e s : of s o c i e t y  the  the members of t o do x i f  they are n o t  which c o u l d be removed by reform or s o c i a l  females  class  action.  and males have e q u a l o p p o r t u n i t y to do x ,  we s h o u l d l o o k f o r any disadvantages  e i t h e r sex may be under which  could be removed by r e f o r m or s o c i a l a c t i o n .  We must i n t e r p r e t  c r i t e r i o n to r u l e out h a n d i c a p p i n g those who have advantages i f  this it  is  52 to be a c c e p t a b l e  to most u t i l i t a r i a n s ;  f o r maximizing e v e r y o n e ' s to b r i n g a disadvantaged  advantages, class  but s t i l l i t  does not  o n l y f o r doing whatever we can  up to.--the l e v e l  of the r e s t .'of  One d r a s t i c s t e p toward removing the disadvantages to remove any job requirements  c a l l i n g for t r a i t s  c o r r e l a t e d w i t h membership i n that performance. each j o b ,  I f we c o u l d d e f i n e  taking this  class  are  (see  qualifications  to i t .  job  for  it  also  has  discrimination  The E q u a l Economic O p p o r t u n i t i e s Commission of  the U n i t e d S t a t e s and the U . S . Supreme: Court have '. a c t u a l l y close  to  the s o c i a l reforms we would  as a s o l u t i o n to the problem of de f a c t o  Chapter 3 ) .  is  inversely  and are not n e c e s s a r y  the n e c e s s a r y  step would s i m p l i f y  that  society.  of a c l a s s  have to make i n c o n d i t i o n s p r i o r to the p o i n t of h i r i n g ; possibilities  call  The Commission, whose job i t  is  to e n f o r c e  come q u i t e the p r o v i s i o n s  78  of  the C i v i l R i g h t s A c t of 1964 p e r t a i n i n g to employment  demands t h a t  an employer who r e q u i r e s a t r a i t w h i c h . i s  d i s t r i b u t e d among the c l a s s e s  of  opportunities,  unequally  c i t i z e n s p r o t e c t e d by the A c t  (races,  c o l o u r s , r e l i g i o n s , s e x e s , n a t i o n a l o r i g i n s ) be a b l e to show t h a t trait  i s u s e f u l as a measurement of  or b e h a v i o u r s  the e s s e n t i a l knowledge,  composing the job or as a v a l i d p r e d i c t o r of  o r c r i t i c a l work b e h a v i o u r s as r e v e a l e d by c a r e f u l job and t h a t  the  skills  "major  analyses,"  a l t e r n a t i v e methods of measurement or p r e d i c t i o n a r e not 53  available. employees  F o r example,  employers who r e q u i r e p r o s p e c t i v e  to pass t e s t s which fewer b l a c k s than whites  must show t h a t  pass  the t e s t s c o r e s meet these standards and that no o t h e r  s u i t a b l e h i r i n g procedures are a v a i l a b l e .  The U . S . Supreme Court  upheld the Commission's demands i n G r i g g s v . (401 U . S . 424  tend to  Duke Power Company  (1971)).  Many u t i l i t a r i a n s would be too committed, f o r good r e a s o n s ,  to  some degree of s e e k i n g the b e s t - q u a l i f i e d people t o do the j o b s  of  society  to accept  for  jobs.  F u r t h e r m o r e , the n e c e s s a r y  removing a l l but the n e c e s s a r y  qualifications  q u a l i f i c a t i o n s would s t i l l r e m a i n ,  and along w i t h them the problem of removing the disadvantages class  i n question with respect  to a c q u i r i n g those n e c e s s a r y  of  the  traits.  As was suggested i n the d i s c u s s i o n o f W i l l i a m s , much the same factors  that  can operate as o b s t a c l e s  the l e v e l of t h e i r n a t u r a l a b i l i t i e s disadvantages  of a c l a s s w i t h r e s p e c t  to p e o p l e ' s (see  p e r f o r m i n g up to  s e c t i o n 2 above)  to a c q u i r i n g job  can be  qualifications:  79  development of s k i l l s and knowledge, p h y s i c a l development and p s y c h o l o g i c a l development.  For instance, i f a class of people has  poorer conditions f o r developing  t h e i r b a s i c s k i l l s and knowledge than  the r e s t of s o c i e t y , that i s a disadvantage to them with regard t h e i r entering medical school.  to  Or, i f a class of people i s influenced,  i n a way that the rest of s o c i e t y i s not, to have psychological t r a i t s which are incompatible w i t h s u c c e s s f u l l y competing f o r entrance i n t o medical school, or to lack t r a i t s which are necessary to s u c c e s s f u l competition, that i s a disadvantage with respect to t h e i r g e t t i n g a medical education.  Even i f a class of people I s influenced i n  c e r t a i n ways not to want to become doctors, that i s a disadvantage. By the c r i t e r i o n under consideration, i f women and men  are to  have equal opportunity to do c e r t a i n jobs i n s o c i e t y , l e t us say p r o f e s s i o n a l jobs, we must do everything p o s s i b l e , with the  exceptions  of handicapping the advantaged or removing necessary q u a l i f i c a t i o n s , to ensure that n e i t h e r sex i s under any disadvantage p e r t a i n i n g to t h e i r becoming p r o f e s s i o n a l s .  Therefore I think the f o l l o w i n g steps  are c l e a r l y necessary: a) Males and females must be given the same (or equally good) conditions f o r developing b a s i c s k i l l s and knowledge. b) Males and females must be given the same information about what r o l e s and jobs are a v a i l a b l e to them. c) Males and females must be given the same (or equally good) means of acquiring whatever s p e c i a l s k i l l s and knowledge are necessary to the professions.  80  d) Males and females must be g i v e n the same (or e q u a l l y  good)  c o n d i t i o n s f o r p h y s i c a l development. e) Males and females must be t r e a t e d the same i n the matter of t h e i r p s y c h o l o g i c a l development;  i.e.  n e i t h e r sex s h o u l d be i n f l u e n c e d  more than the o t h e r to develop or not to develop p a r t i c u l a r p s y c h o l o g i c a l t r a i t s _or d e s i r e s . H e r e a f t e r I w i l l r e f e r to these f i v e  s t e p s as  ' t h e same e a r l y  education.' It  i s i m p o r t a n t to note t h a t t h i s  c r i t e r i o n of e q u a l o p p o r t u n i t y  does not r e q u i r e us to t r e a t everyone the same or even e q u a l l y w i t h r e g a r d to t h e i r i n t e l l e c t u a l , p h y s i c a l and p s y c h o l o g i c a l It  simply requires that  development.  t h e r e be no i n e q u a l i t i e s , and i n some matters  54 no d i f f e r e n c e s ,  based on sex.  It  allows i n e q u a l i t i e s or  differences  i n the treatment of people w i t h i n each sex based o n , f o r example, natural a b i l i t y . it  Thus, i n the matter of p s y c h o l o g i c a l development,  does not say t h a t we must c u l t i v a t e  a l l character t r a i t s  n e c e s s a r y or u s e f u l i n a l l j o b s i n everyone so).  Nor does i t  (if  it  that  are  i s p o s s i b l e to do  say t h a t we must adopt a p o l i c y of d o i n g e v e r y t h i n g  we can to h e l p people f i n d out what they want to do and a v o i d a p p l y i n g any i n f l u e n c e ' - o v e r p e o p l e ' s only that  d e s i r e s r e l a t e d to c o n d i t i o n i n g .  t h e r e must be no d i f f e r e n c e  i n the t r a i t s  and d e s i r e s  It  says  people  are i n f l u e n c e d to develop or i n the degree of i n f l u e n c e a p p l i e d which could be a t t r i b u t e d to t h e i r d i f f e r e n c e c r i t e r i o n suggests t h a t last  i n sex.  T h i s f e a t u r e of  i t would be e a s i e r to apply than e i t h e r of  two c r i t e r i a we have examined.  the the  81  Of course doing everything possible to remove any disadvantages e i t h e r sex may be under i n the matter of o b t a i n i n g j o b s may 1  require  a degree of s o c i a l c o n t r o l or, as Williams f e a r s , an a t t i t u d e toward people, which most u t i l i t a r i a n s would f i n d so offensive as to outweigh the b e n e f i t s of equal opportunity..  However, I think the steps I put  f o r t h as necessary (steps a through e) are not so f a r beyond our present reach that they require much more s o c i a l c o n t r o l than we now l i v e w i t h or a very new a t t i t u d e toward human beings.  In f a c t they are being  strongly advocated at t h i s time i n many p o l i t i c a l spheres. *  *  *  We have seen how the four goals of equal employment opportunity would lead u t i l i t a r i a n s to d i f f e r e n t p o s i t i o n s on the problem of correlated t r a i t s and to d i f f e r e n t c r i t e r i a of equal opportunity, depending on which one they stressed.  People can hold more than one  of these goals to be important, and there are many possible combinations of concern f o r the four of them;  a v a r i e t y of p o s i t i o n s on correlated  t r a i t s and c r i t e r i a of equal opportunity i s the r e s u l t . In the matter of rules r e q u i r i n g t r a i t s i n v e r s e l y correlated with being female, opinions w i l l d i f f e r about where on a continuum from barely u s e f u l to absolutely necessary a t r a i t has to be f o r the r u l e r e q u i r i n g i t to be acceptable.  Those whose sole i n t e r e s t i s i n  f i n d i n g the b e s t - q u a l i f i e d person by present performance f o r each job w i l l tend toward the 'barely u s e f u l ' end, and those whose main goal i s to improve the r e l a t i o n s between the sexes w i l l t t e n d toward the  82  'absolutely necessary' end, while those who hold both goals important w i l l probably l i k e some p o s i t i o n i n the middle. With regard to c r i t e r i a of equal employment opportunity, we found that a l l the u t i l i t a r i a n reasons f o r wanting i t , w i t h the exception of f i n d i n g the best person by present performance f o r each job, lead to c r i t e r i a of equal opportunity that go back beyond the process of s e l e c t i n g people f o r jobs t o the process of t r a i n i n g and educating them.  However, there are important differences here too. For example, those who stress developing human c a p a c i t i e s , and  therefore seek t o remove the obstacles t o everyone's performing up to the l e v e l of his/her n a t u r a l a b i l i t i e s , may want to take steps to improve everyone's education before taking steps to improve the education of a disadvantaged group, l i k e women, up to the same l e v e l as the best-educated group i n s o c i e t y .  But to the extent that they value  improving the r e l a t i o n s between the sexes, they w i l l give e q u a l i z i n g women's and men's advantages p r i o r i t y improvements i n everyone's conditions.  over making across-the-board I n the end, removing the  obstacles t o everyone's performing up to the l e v e l of his/her n a t u r a l a b i l i t i e s may involve e q u a l i z i n g the present advantages of men and women and much more;  but i n that case i t i s a question of p r i o r i t i e s  along the way, since removing women's disadvantages (assuming that women are the disadvantaged sex with regard to most employments) i s a step i n removing the obstacles :to everyone's n a t u r a l a b i l i t i e s . Removing any disadvantages women may be under, since we have i n t e r p r e t e d . i t to exclude handicapping men i n any way, does not c o n f l i c t w i t h e i t h e r removing the obstacles t o everyone's performing up t o the  83  l e v e l of his/her n a t u r a l a b i l i t i e s or maximizing everyone's choice of occupation;  i t i s a step on the way to r e a l i z i n g these other two;  c r i t e r i a of equal opportunity.  Nor does i t c o n f l i c t with g i v i n g out  jobs on the basis of compared performances, a c t u a l or p r e d i c t e d , of tasks r e l a t e d to the work - the c r i t e r i o n which : s u i t s those who want to f i l l each job with the best person by present performance do i t ;  i t i s merely superfluous to t h i s goal.  to  Therefore I think  anyone who has some i n t e r e s t , i n improving the r e l a t i o n s between the sexes by e q u a l i z i n g t h e i r advantages on the job market can adopt the steps I s a i d were necessary to i t ('the same e a r l y education') without jeopardizing h i s / h e r other goals.  Those who also want to  f i n d the best person by nature f o r each j o b , to develop human c a p a c i t i e s , or to give most people free choice of t h e i r employments and job s a t i s f a c t i o n w i l l , of course, f i n d these steps inadequate and want to do more towards g i v i n g everyone the best conditions f o r development of s k i l l s and knowledge and p h y s i c a l development.  In a d d i t i o n , they  w i l l probably want to take steps to c u l t i v a t e i n everyone those p s y c h o l o g i c a l t r a i t s that are important f o r success i n a l l or most occupations and to adopt a p o l i c y of helping^people to f i n d out what kinds of work they want to do. a through e above r e q u i r e .  But at l e a s t they w i l l want to do what steps Hence I b e l i e v e that the correct way to  i n t e r p r e t the u t i l i t a r i a n i d e a l of equal employment opportunity, f o r anyone who hopes to improve the r e l a t i o n s between the sexes by i t , requires us to give boys and g i r l s 'the same e a r l y education' as I have defined i t .  84  J.S.  M i l l had a l l f o u r o f what I have c a l l e d the u t i l i t a r i a n  reasons f o r d e s i r i n g e q u a l employment o p p o r t u n i t y f o r wanting  all  honourable employments to be as f r e e l y open to women as to men. the f i r s t page o f t h i s The  chapter I l i s t e d the g o a l s he spoke of i n  S u b j e c t i o n of Women f o r opening a l l o c c u p a t i o n s t o women.  to f o r m u l a t e  T  I tried  t h e f o u r u t i l i t a r i a n r e a s o n s ' more g e n e r a l l y than M i l l ' s  g o a l s , but we can e a s i l y categories  On  see t h a t M i l l ' s  goals f i t  i n t o these f o u r  and i n c l u d e some a s p e c t s of each of them.  M i l l wanted to m a i n t a i n . a system of c o m p e t i t i o n f o r j o b s  on the  b a s i s o f q u a l i f i c a t i o n s alone ( g o a l D) because he b e l i e v e d i t  to be  the b e s t way of f i n d i n g the b e s t person f o r each j o b . I t i s not t h a t a l l p r o c e s s e s are supposed to be e q u a l l y good, or a l l persons t o be e q u a l l y q u a l i f i e d f o r e v e r y t h i n g ; but t h a t freedom of i n d i v i d u a l c h o i c e i s now known to be the o n l y t h i n g which p r o c u r e s the a d o p t i o n of the b e s t p r o c e s s e s , and throws each o p e r a t i o n i n t o the hands o f those who are b e s t qualified for it.55 M i l l wanted to g i v e everyone i n s o c i e t y women's t a l e n t s  and e n e r g i e s  n e c e s s a r y to develop  (goal C).  those t a l e n t s  -  the f u l l b e n e f i t  To do t h a t i t  to develop women's  is  of  obviously  capacities.  The second b e n e f i t to be expected from g i v i n g to women the f r e e use of t h e i r f a c u l t i e s , by l e a v i n g them the f r e e c h o i c e of t h e i r employments, and opening to them the same f i e l d of o c c u p a t i o n arid the same p r i z e s and encouragements as to o t h e r human b e i n g s , would be t h a t of d o u b l i n g the mass of m e n t a l f a c u l t i e s a v a i l a b l e f o r the h i g h e r s e r v i c e of humanity.56 He hoped t h a t d e v e l o p i n g women's c a p a c i t i e s  and p u t t i n g them to use  would, as a consequence, f u r t h e r develop men's c a p a c i t i e s .  This  was to happen by means of i n c r e a s e d c o m p e t i t i o n and by the  better  influence  on men's development of a s s o c i a t i n g i n marriage w i t h  85  i n t e l l e c t s equal to t h e i r s rather than (as before) i n f e r i o r (See my chapter 1).  I conclude that developing human c a p a c i t i e s was an  important reason to M i l l f o r wanting to open a l l occupations to women. In the above quotation from The Subjection of Women, M i l l s t a t e s that he wants to give women the free choice of t h e i r employments (goal B).  That he wanted as many men and women as p o s s i b l e to  f r e e l y choose t h e i r work and f i n d s a t i s f y i n g jobs i s evident i n the f o l l o w i n g passage: I f there i s anything v i t a l l y important to the happiness of human beings, i t i s that they should r e l i s h t h e i r h a b i t u a l pursuit. This r e q u i s i t e of an enjoyable l i f e i s very imperfectly granted, or altogether denied, to a large part of mankind; and by i t s absence many a l i f e i s a f a i l u r e , which i s provided, i n appearance, with every r e q u i s i t e of success. But i f circumstances which society i s not yet s k i l l f u l enough to overcome, render such f a i l u r e s often f o r the present i n e v i t a b l e , society need not i t s e l f i n f l i c t them. Making the marriage r e l a t i o n one of e q u a l i t y between the partners was the most important respect i n which M i l l hoped to improve the r e l a t i o n s between the sexes.  He b e l i e v e d , as we have seen i n my  f i r s t chapter, that women must have the power of earning t h e i r l i v i n g s i n order to have d i g n i t y and e q u a l i t y i n marriage, and g i v i n g them t h i s power was a major reason f o r h i s wanting to open a l l occupations to them as f r e e l y as to men (goal A).  He thought that e q u a l i t y i n a marriage  would have good consequences f o r more than the two people involved i n i t , since most c h i l d r e n were r a i s e d i n f a m i l i e s and the development of t h e i r characters was much a f f e c t e d by the r e l a t i o n s h i p between t h e i r parents. The f i r s t part of Chapter 4 of The Subjection of Women i s devoted to describing the b e n e f i t s of e q u a l i t y i n marriage.  86  Given t h a t M i l l had the f o u r u t i l i t a r i a n goals  of  equal  employment o p p o r t u n i t y : i n wanting to open a l l o c c u p a t i o n s women as to m e n , . i t  is  clear that  the l e a s t  stringent  as f r e e l y  criterion -  t h e r e be no r u l e s o r laws which exclude women from doing x or them to do x on the grounds t h a t v e r s i o n of i t ,  they a r e women -  which a l s o d i s a l l o w s  acceptable training (and  freely  Mill,  solely  were as f r e e l y  people  of  additional efforts human c a p a c i t i e s  receive  t h e i r free  goals  as f r e e l y  choice of  of  occupations  at l e a s t  require  and p r o b a b l y to  develop  employments. injunction  (and the t r a i n i n g and e d u c a t i o n  to women as to men does not have to  from what he s a i d .  of Women he makes d i r e c t  rest  In s e v e r a l passages of The  statements  that  support  i n t e r p r e t a t i o n which r e q u i r e s us to g i v e boys and g i r l s education.'  the  the c o r r e c t way to i n t e r p r e t M i l l ' s  to open a l l honourable employments  on i n f e r e n c e  Mill's  go  to the p r o c e s s  ' t h e same e a r l y e d u c a t i o n '  and g i v e people  to them)  for jobs  ( l i k e those I d e s c r i b e d on pages 82. and $3)  My c o n c l u s i o n - a b o u t  early  their  interpretation;  them i n o r d e r to f i n d out whether  open to women as to men.  that boys and g i r l s  Subjection  on the b a s i s  l i k e a l l u t i l i t a r i a n s who have h i s aims, would have to  t r a i n i n g and e d u c a t i n g  solely  and  N e i t h e r would h i r i n g  to perform the work be an adequate  back beyond the p r o c e s s o f s e l e c t i n g  necessary  laws  they are women, c o u l d not be  open to women as to men.'  a d m i t t i n g to t r a i n i n g ) p p e o p l e  qualifications for  forbid  to him as an i n t e r p r e t a t i o n of making a l l o c c u p a t i o n s  'as  that  or even the m o d i f i e d  combinations o f r u l e s o r  which exclude women on the grounds t h a t  to  'the  the same  87  T h i s g r e a t a c c e s s i o n to the i n t e l l e c t u a l power of the s p e c i e s , and to the amount o f i n t e l l e c t a v a i l a b l e f o r the good management of i t s a f f a i r s , would be o b t a i n e d , p a r t l y , through the b e t t e r and more complete i n t e l l e c t u a l e d u c a t i o n of women, which would then improve p a r i passu w i t h t h a t of men. Women i n g e n e r a l would be brought up e q u a l l y capable o f u n d e r s t a n d i n g b u s i n e s s ; p u b l i c a f f a i r s , and the h i g h e r matters of s p e c u l a t i o n , w i t h men i n the same c l a s s of s o c i e t y ; and the s e l e c t few of the one as w e l l as o f the o t h e r s e x , who were q u a l i f i e d n o t o n l y to comprehend what i s done or thought by o t h e r s , but to t h i n k o r do something c o n s i d e r a b l e themselves, would meet with-" the same f a c i l i t i e s f o r improving and t r a i n i n g t h e i r c a p a c i t i e s i n the one sex as i n the o t h e r . In t h i s way, the w i d e n i n g o f the sphere of a c t i o n f o r women would operate f o r good, by r a i s i n g t h e i r e d u c a t i o n to the l e v e l o f t h a t o f men, and making the one p a r t i c i p a t e i n a l l improvements made i n the o t h e r . ^ 8  Here M i l l ' s  p l a n s c o r r e s p o n d to c o n d i t i o n s a through c i n my  59 d e s c r i p t i o n of  'the  same e a r l y e d u c a t i o n . '  That he r e c o g n i z e d  need f o r the same or e q u a l l y good c o n d i t i o n s f o r p h y s i c a l (my c o n d i t i o n d) i s e v i d e n t  in this  the  development  passage:  . . . w h e n p e o p l e are brought u p , l i k e many women of the h i g h e r c l a s s e s . . . a k i n d of h o t - h o u s e p l a n t s , s h i e l d e d from the wholesome v i c i s s i t u d e s of a i r and t e m p e r a t u r e , and u n t r a i n e d i n any o f the o c c u p a t i o n s and e x e r c i s e s which g i v e s t i m u l u s and development to the c i r c u l a t o r y and muscular system, w h i l e t h e i r nervous system, e s p e c i a l l y i n i t s e m o t i o n a l department, i s kept i n u n n a t u r a l l y a c t i v e p l a y ; i t i s no wonder t h a t those of them who do not dier.of consumption, grow up w i t h c o n s t i t u t i o n s l i a b l e to derangement from s l i g h t c a u s e s , b o t h i n t e r n a l and e x t e r n a l , and w i t h o u t stamina to support any t a s k , p h y s i c a l or mental, r e q u i r i n g c o n t i n u i t y of e f f o r t . . . . Women who i n t h e i r e a r l y y e a r s have shared i n the h e a l t h f u l p h y s i c a l e d u c a t i o n and b o d i l y freedom o f t h e i r b r o t h e r s , and who o b t a i n a s u f f i c i e n c y of pure a i r and e x e r c i s e i n a f t e r - l i f e , v e r y r a r e l y have any e x c e s s i v e s u s c e p t i b i l i t y o f nerves which can d i s q u a l i f y them f o r active pursuits. Finally, different affected it  I t h i n k the f o l l o w i n g passage shows t h a t M i l l saw how the  i n f l u e n c e brought to b e a r on women's e m o t i o n a l t h e i r achievements,  development  and t h a t he r e c o g n i z e d the need to  i f women were hot to be under great  disadvantages.  change  88  In the various a r t s and i n t e l l e c t u a l occupations, there i s a degree of p r o f i c i e n c y s u f f i c i e n t f o r l i v i n g by i t , and there i s a higher degree on which depend the great productions which immortalize a name. To the attainment of the former, there are adequate motives': i n the case of a l l who f o l l o w the p u r s u i t p r o f e s s i o n a l l y : the other i s hardly ever a t t a i n e d where there i s not, or where there has not been at some period of l i f e , an ardent d e s i r e of c e l e b r i t y . Nothing l e s s i s commonly a s u f f i c i e n t stimulus to undergo the long and p a t i e n t drudgery, which, i n the case even of the greatest n a t u r a l g i f t s , i s absolutely required f o r great eminence i n p u r s u i t s i n which we already possess so many splendid memorials of the highest genius. Now, whether the cause be n a t u r a l or a r t i f i c i a l , women seldom have t h i s eagerness f o r fame .... I do not at a l l . b e l i e v e that i s inherent i n women. I t i s only the n a t u r a l r e s u l t of t h e i r circumstances. The love of fame i n men i s encouraged by education and opinion: to "scorn d e l i g h t s and l i v e laborious days" f o r i t s sake, i s accounted the part of "noble minds," even i f spoken of as t h e i r " l a s t i n f i r m i t y , " and i t i s stimulated by the access which fame gives to a l l objects of ambition, i n c l u d i n g even the favour of women; while to women themselves a l l these objects are closed, and the d e s i r e of fame i t s e l f considered daring and unfeminine.61 Here I want to point out that g i v i n g boys and g i r l s 'the same e a r l y education' would not require measures that would be unacceptable to M i l l as a l i b e r t a r i a n .  C e r t a i n l y no problem a r i s e s as to r e s t r i c t i n g  the l i b e r t i e s of c h i l d r e n by any attempt to c o n t r o l t h e i r education, 62 since M i l l s t a t e s quite c l e a r l y i n On L i b e r t y  that c h i l d r e n and  young persons who are s t i l l under t h e i r parents' l e g a l j u r i s d i c t i o n are exceptions to the p r i n c i p l e of l i b e r t y .  Furthermore,  i n the f o l l o w i n g  remark he seems to p o s i t i v e l y approve of our e x e r t i n g quite a l o t of c o n t r o l over the growth of young minds: The e x i s t i n g generation i s master both of the t r a i n i n g and the e n t i r e circumstances of the generation to come; i t cannot indeed make them p e r f e c t l y wise and good, because I t i s i t s e l f so lamentably d e f i c i e n t i n goodness and wisdom; and i t s best e f f o r t s are not always, i n i n d i v i d u a l cases, i t s most s u c c e s s f u l ones; but i t i s p e r f e c t l y w e l l able to make the r i s i n g  89  generation, as a whole, as good as, and a l i t t l e b e t t e r than, itself. I f s o c i e t y l e t s any considerable number of i t s members grow up mere c h i l d r e n , incapable of being acted on by r a t i o n a l consideration of d i s t a n t motives, s o c i e t y has i t s e l f to blame f o r the consequences.^3 The only problem that might a r i s e as to l i b e r t i e s would have to do with the p o s s i b l e v i o l a t i o n of the l i b e r t i e s of parents and other adults which might be required to carry .-out the steps involved i n 'the same e a r l y education.'  I w i l l not speculate here as to whether  M i l l would have supported the claim that parents ought to be free to r a i s e t h e i r c h i l d r e n as they wish, short of c l e a r l y harming them or others, of course.  Nor w i l l I defend the claim that not g i v i n g  boys and g i r l s 'the same e a r l y education' i s a way of harming some of them.,  For i t would not be s t r i c t l y necessary to i n t e r f e r e with  parents' actions towards t h e i r c h i l d r e n .  I b e l i e v e a propaganda  campaign or at l e a s t a campaign of r a t i o n a l persuasion  could, eventually,  get parents to give boys and g i r l s 'the same e a r l y education' at home. At school, teachers could be put under a l e g a l o b l i g a t i o n to carry out p u b l i c p o l i c y (or,, i n the case of a p r i v a t e school, the parents' p o l i c i e s ) and would not be e n t i t l e d to the l i b e r t y of choosing whether or not to t r e a t boys and g i r l s d i f f e r e n t l y . A d i f f i c u l t y i n opening a l l employments as f r e e l y to women as to men which M i l l did not foresee (at l e a s t not i n i t s f u l l strength) i s the presence of de facto d i s c r i m i n a t i o n .  De facto d i s c r i m i n a t i o n gets  i n the way of f i n d i n g the b e s t - q u a l i f i e d person f o r each job.  It is  an obstacle to people's performing up to the l e v e l of t h e i r n a t u r a l a b i l i t i e s , and i t unnecessarily l i m i t s people's choices of occupation.  90  Where de f a c t o to them t h a t but  d i s c r i m i n a t i o n against  women occurs i t  can be removed by s o c i a l a c t i o n .  the l e a s t  is a  disadvantage  Thus i t v i o l a t e s  all  s t r i n g e n t * c r i t e r i a o f e q u a l o p p o r t u n i t y t h a t we have  examined. It  i s not s u r p r i s i n g t h a t M i l l d i d not take t h i s problem i n t o  account,  s i n c e the o p p o r t u n i t y to d i s c r i m i n a t e a g a i n s t  arise until  not  the... l e g a l b a r r i e r s and the most f o r b i d d i n g s o c i a l and  economic b a r r i e r s to t h e i r s e e k i n g be l i f t e d .  women does  We know now t h a t  same e a r l y e d u c a t i o n ,  and i f  women from any o c c u p a t i o n s ,  to e n t e r an o c c u p a t i o n b e g i n  even i f boys and g i r l s were g i v e n t h e r e were no r u l e s o r laws  and even i f ,  i n every o t h e r r e s p e c t ,  c r i t e r i a o f e q u a l o p p o r t u n i t y we have  were met,  d i s c r i m i n a t i o n would be a s e r i o u s disadvantage  women i n our s o c i e t y ,  i f not a l l over the w o r l d .  the  excluding  the most s t r i n g e n t de f a c t o  to  all  considered to  91  CHAPTER  2  1 John Rawls, A Theory of J u s t i c e , Cambridge, Massachusetts, 1971, p. 72. 2 Bernard Williams , "The Idea of E q u a l i t y , " i n Problems of the S e l f , Cambridge, 1973, pp. 244 and 245. 3 See Appendix. 4 Report of the Royal Commission on the Status of Women i n Canada, Ottawa, 1970, p. 171, paragraph 35. 5 In f a c t , a need f o r women doctors t o t r e a t women p a t i e n t s may have been recognized. We have some reason to b e l i e v e that the extreme modesty of V i c t o r i a n s i n t e r f e r e d with good medical care f o r women. 6 T.D. Campbell, " E q u a l i t y of Opportunity," Meeting of the A r i s t o t e l i a n Society, November 25, 1974. 7 I b i d . , p. 66. 8 I b i d . , p. 67. 9 R. Wollheim and I . B e r l i n , " E q u a l i t y , " Proceedings of the A r i s t o t e l i a n Society, V o l . LVI, 1955-56, pp. 281-326. 10 John Wilson, E q u a l i t y j London, 1966, e s p e c i a l l y pp. 59-65 and 160-161. 11 Rawls, op. c i t . . 12 Campbell, op. d i t . . 13 I b i d ; , pp. 64 and 65.  92  CHAPTER  2  14 R.H. 15  Tawney, E q u a l i t y , New York, Capricorn, 1961, pp. 106-112.  Charles Frankel, " E q u a l i t y of Opportunity," E t h i c s , V o l . 81, 1970-71, pp. 191-211.  16 Wollheim and B e r l i n , bp. c i t . , p. 316 17 Wilson, op. c i t . , pp. 59 and 60. 18  I b i d . , p. 62.. 19 Rawls, op. c i t . , p.  104.  20 Wilson, op. c i t . , p. 63. 21 I b i d . , p. 64. 22 I b i d . , p.  160.  23 Campbell, op. c i t . , p. 68. 24  Frankel, dp. c i t . , p. 203. Frankel probably took the term "meritocracy" from Michael Young, The Rise of the Meritocracy, London, 1958.  25 See Chapter 3 f o r more on de facto d i s c r i m i n a t i o n . ' 26. I am not claiming that there are n a t u r a l d i f f e r e n c e s i n aptitude, only that people who think there are and who want to f i n d the best person by nature f o r each gob are committed to c e r t a i n positions.  93  CHAPTER  2  27 Campbell, op; c i t . , p. 65. 28 I b i d . , p. 65. 29 Frankel, op. c i t . , p. 204. 30 Tawney, op. c i t . , pp. 106 and 107. 31  John H. Schaar, " E q u a l i t y of Opportunity and Beyond," E q u a l i t y , ed. Pennock and Chapman, New York, 1967, pp. 228-249.  32 See Chapter 1 and l a t e r chapters. 33  The a b i l i t i e s ' to do things that we are born w i t h are probably so few as to be n e g l i g i b l e . That i s why the conditions f o r proper development:are so important to human beings.  34 I think these t r a i t s are a l l i n t e r r e l a t e d , and I do not mean to imply that they are i n fact separable. 35 I w i l l take up t h i s p o s s i b i l i t y again l a t e r . 36  People's need f o r t h i s information about r o l e s and jobs was suggested to me by Sharon H i l l . More about her views l a t e r .  37 Campbell, op. c i t . , p. 62. 38 I b i d . , p. 62. 39' . Aldous Huxley, Brave New World, New York, Bantam, p. 12. o  94  CHAPTER  2  40 L a t e l y some minority groups have made a d e l i b e r a t e e f f o r t to supply the young with r o l e models. 41 Here I p r o f i t t e d from Jonathan Glover's account of manipulation. See Jonathan Glover, R e s p o n s i b i l i t y , London, 1970, pp. 56-58. 42 See R.D. Laing, The P o l i t i c s of the Family, Massey Lectures, C.B.C. P u b l i c a t i o n s , 1969. 43 Frankel, op. c i t . , pp. 204-207. 44 Sharon H i l l , "The Importance of Autonomy," Paper given at the P a c i f i c meetings of the American P h i l o s o p h i c a l A s s o c i a t i o n , Spring, 1973, p. 12. 45 The t h i r d kind i s r e l a t e d to the fourth and to the f i r s t two, since i n order t o imagine themselves i n a r o l e , people must have the information that the r o l e i s a v a i l a b l e to them and probably c e r t a i n p e r s o n a l i t y t r a i t s which are appropriate to the r o l e or which a t t r a c t them to the r o l e . 46 Schaar, op. c i t . , p. 243. 4'7 W i l l i a m s , op. c i t . , p. 245. 48 I b i d . , p. 245. 49 I b i d . , p. 245. 50 I b i d . , p. 246. 51  I b i d . , p. 247.  95  CHAPTER  2  Handicapping one p e r s o n can be c o n s i d e r e d a s p e c i a l way o f removing a n o t h e r ' s . d i s a d v a n t a g e s , but W i l l i a m s seems to f o l l o w my interpretation. Indeed, u n l e s s we i n t e r p r e t i t my way, i t would seem t h a t no disadvantage i s beyond t h e easy r e a c h o f reform o r s o c i a l a c t i o n . 53 See T i t l e 29 - L a b o r , chapter XIV EEOC, p a r t 1607 - G u i d e l i n e s on Employee S e l e c t i o n P r o c e d u r e s , F e d e r a l R e g i s t e r , V o l . 35, No. 149, Aug. 1, 1970, p p . 12311-12379. 54 Of  course i t can be a p p l i e d to o t h e r c a t e g o r i e s r a c e , r e l i g i o n , language spoken.  Mill,  of people,  e.g.  The S u b j e c t i o n o f Women, bp. c i t . , p . 19.  Ibid.,  p . 82.  Ibid.,  p . -100.  Ibid.,  p . 83.  57  58  59 M i l l wanted women t o be b e t t e r educated f o r o t h e r reasons b e s i d e s e n a b l i n g them t o engage i n a l l honourable employments. But the l a s t sentence o f t h i s passage s t r o n g l y suggests t h a t he c o n s i d e r e d i t to be a c o n d i t i o n o f " l e a v i n g them the f r e e c h o i c e o f t h e i r employments, and g i v i n g to them the same f i e l d of o c c u p a t i o n and the same p r i z e s and encouragements as t o o t h e r human b e i n g s . " ( p . -32). 60 Mill,  The S u b j e c t i o n  o f Women, bp. c i t . , p . 61.  61 I b i d . , p p . 75 and 76. 62 John S t u a r t M i l l ,  On L i b e r t y , New Y o r k , B o h b s - M e r r i l l ,  1956, p . 13.  CHAPTER 2  63 Ibid.,  p.  100.  97  i  Chapter 3 THE  PROBLEM  OF  DE  FACTO  DISCRIMINATION  The problem of de facto d i s c r i m i n a t i o n i s t h i s :  even i n the  absence of r u l e s or laws excluding members of c l a s s A, people can  be  excluded from doing X j u s t because they are members of A by those who have the power to determine who  gets to do x, unless there are safeguards  against exclusion i n p r a c t i c e .  On page 3 d of the previous chapter I  pointed out that t h i s i s another d i f f i c u l t y , besides the problem of correlated t r a i t s , with the l e a s t stringent c r i t e r i o n of equal opportunity.  We s h a l l see that the problem of de f a c t o ' d i s c r i m i n a t i o n ,  l i k e the problem of c o r r e l a t e d t r a i t s , leads us to more stringent c r i t e r i a of equal opportunity  f o r women than that there be no r u l e s  or laws which exclude them from doing X on the grounds that they are women. Furthermore, since de facto d i s c r i m i n a t i o n v i o l a t e s a l l but l e a s t stringent c r i t e r i o n of equal opportunity,  the  i f we are to meet any  of the c r i t e r i a examined i n the previous chapter, we must see how  de  facto d i s c r i m i n a t i o n could be removed where i t occurs. I w i l l not t r y here to show that d i s c r i m i n a t i o n against women does e x i s t i n our and other s o c i e t i e s .  Even i f the problem of de facto  d i s c r i m i n a t i o n i s only a p o s s i b i l i t y , we must know how and how  to prevent i t .  to recognize i t  Preventing d i s c r i m i n a t i o n has been a concern of  98  l e g i s l a t u r e s i n Canada and the United States, and we North Americans are i n the habit of t h i n k i n g that unless a c l a s s of people have recourse to law i n cases of d i s c r i m i n a t i o n against them, they do not have equal opportunities w i t h the r e s t of s o c i e t y .  Hence there are such laws as  the Canadian B i l l of Rights (1960), the Human Rights Code of B r i t i s h Columbia Act (1973), and i n the U.S., the C i v i l Rights Act of 1964 T i t l e V I I , and the Equal Employment Opportunity Act of 1972. 'Human r i g h t s ' and ' a n t i - d i s c r i m i n a t i o n ' l e g i s l a t i o n i s n o t o r i o u s l y d i f f i c u l t to enforce.  This i s not only because alleged v i o l a t i o n s  are so numerous, but also because v i o l a t i o n s are so d i f f i c u l t to prove. Let us look at a basic form of such l e g i s l a t i o n : No person or organization s h a l l exclude or prevent another person from doing X on the grounds that he/she i s a member of c l a s s A (where c l a s s A i s a 'protected' c l a s s , e.g. a race, r e l i g i o n , colour, sex). For example, t h i s i s the form of s e c t i o n B of the Human Rights Code of B r i t i s h Columbia Act  (1973):  8. (1) Every person has the r i g h t of e q u a l i t y of opportunity based upon bona f i d e q u a l i f i c a t i o n s i n respect of h i s occupation or employment, or i n respect of an intended occupation, employment, advancement, or promotion; and, without l i m i t i n g the g e n e r a l i t y of the foregoing, (a) no employer s h a l l refuse to employ, or to continue to employ, or to advance or promote that person, or d i s c r i m i n a t e against that person i n respect of employment or a c o n d i t i o n of employment; and (b) no employment agency s h a l l refuse to r e f e r him f o r employment, unless reasonable cause e x i s t s f o r such r e f u s a l or d i s c r i m i n a t i o n . (2) For the purposes of subsection (1), (a) the race, r e l i g i o n , colour, age, m a r i t a l s t a t u s , ancestry, place of o r i g i n , or p o l i t i c a l b e l i e f of any person or c l a s s of persons s h a l l not c o n s t i t u t e reasonable cause;  99  (b)  the sex of any p e r s o n s h a l l not c o n s t i t u t e r e a s o n a b l e cause u n l e s s i t r e l a t e s to the maintenace of p u b l i c decency; a c o n v i c t i o n f o r a c r i m i n a l or summary c o n v i c t i o n charge s h a l l not c o n s t i t u t e r e a s o n a b l e cause u n l e s s such charge r e l a t e s to the o c c u p a t i o n or employment, or to the i n t e n d e d o c c u p a t i o n , employment, advancement, or p r o m o t i o n , of a p e r s o n .  (c)  (3) No p r o v i s i o n : o f t h i s s e c t i o n r e l a t i n g to age s h a l l p r o h i b i t the o p e r a t i o n of any term of a bona f i d e r e t i r e m e n t , s u p e r a n n u a t i o n , or p e n s i o n p l a n , or the terms or c o n d i t i o n s of any bona f i d e group or employee i n s u r a n c e p l a n , or of any bona f i d e scheme based upon seniority. Such l e g i s l a t i o n may at f i r s t  seem l i k e a good s o l u t i o n to  the  problem of de f a c t o d i s c r i m i n a t i o n , but when we-^look more c l o s e l y we see  t h a t i t w i l l o f t e n be d i f f i c u l t  protected  to determine t h a t membership i n a  c l a s s has been the grounds of r e f u s a l  that reasonable  to employ someone,  cause does not e x i s t f o r such a r e f u s a l .  or  This i s a  g e n e r a l problem w i t h e n f o r c i n g a n t i - d i s c r i m i n a t i o n l e g i s l a t i o n -  the  difficulty  from  of d i s t i n g u i s h i n g genuine  discriminatory behaviour.  demands f o r q u a l i f i c a t i o n s  F u r t h e r m o r e , because of p r e j u d i c e s  deeply  embedded i n our c u l t u r e , we can d e c e i v e not o n l y the law e n f o r c e r s and the v i c t i m s ,  but o u r s e l v e s  trust well-intentioned women.  too about  people who say,  How f a r can we  "We d o n ' t d i s c r i m i n a t e  against  We a r e s i m p l y l o o k i n g f o r the b e s t man f o r the j o b . " ?  In o r d e r not to be d e c e i v e d , and the n o t - s o - c l e a r which feed practices  these m a t t e r s .  them b o t h .  let  us l o o k more c l o s e l y  areas of sex d i s c r i m i n a t i o n , and at  at  the  We can c o n t i n u e to use the example of  the  clear  prejudices hiring  to i l l u s t r a t e problems common to s i t u a t i o n s where t h e r e i s a  possibility  of genuine demands f o r q u a l i f i c a t i o n s ;  moreover,  i f we  100  restrict  the example to h i r i n g f o r government j o b s ,  i t w i l l be c l e a r  t h a t our c o n c l u s i o n s about sex d i s c r i m i n a t i o n a r e not remarks about c a p i t a l i s m , but a p p l y to any s o c i e t y and sex p r e j u d i c e s  i n which b o t h government  jobs  exist.  There are t h r e e k i n d s of d i s c r i m i n a t i o n against women which can occur i n the h i r i n g 1) An employer a job)  refuses  process: (i.e.  the p e r s o n or persons who do the h i r i n g  to c o n s i d e r h i r i n g any woman f o r the j o b ,  for  for  example  by r e f u s i n g to accept a p p l i c a t i o n s from women."*" 2) An employer c o n s i s t e n t l y favours men over women w i t h equal qualifications. 3) An employer h i r e s a man who i s l e s s  q u a l i f i e d f o r the  job  than a woman a p p l i c a n t . It occur.  i s i n category  #1 t h a t  the c l e a r e s t  cases of sex d i s c r i m i n a t i o n  Such an employer may a d v e r t i s e f o r a man and may g r e e t a woman  a p p l i c a n t by s t a t i n g t h a t he/she wants a man f o r the j o b , should not be i n t h i s f i e l d o f employment, e t c . i n which the o n l o o k e r can be d e c e i v e d ; that  t h a t women  These a r e h a r d l y cases  the evidence i s overwhelming  the employer i s e x c l u d i n g women from the j o b on the grounds  that  they are women. The employer, i n honesty or i n s e l f - d e c e p t i o n , may b e l i e v e something l i k e t h i s :  " I have n o t h i n g a g a i n s t women.  t h e y ' r e such i n e f f i c i e n t w o r k e r s . " because we know'.not' o n l y t h a t t i t much a v a i l a b l e evidence a g a i n s t  just  We would c a l l t h i s b e l i e f  is false, it  It's  that  but a l s o t h a t  that  a prejudice,  there i s  i f he/she had taken any  so  interest  101  i n the evidence, he/she would not hold i t .  E i t h e r the employer  i s i n the habit of forming b e l i e f s on very l i t t l e evidence and s t i c k i n g to them, or he/she i s deceiving h i m s e l f / h e r s e l f and does have 'something against women' which predisposes him/her to b e l i e v e that they are i n e f f i c i e n t .  I n any case, the employer has pre-judged a l l  2 (or nearly a l l ) women, i n c l u d i n g the a p p l i c a n t , and shows no i n t e r e s t i n the evidence of t h e i r a b i l i t i e s to do the job. On the other hand, the employer's r e f u s a l to consider women f o r the job may be based on a b e l i e f that has some evidence i n i t s favour and no a v a i l a b l e evidence against i t .  For example, suppose the employer  were h i r i n g people f o r an engineering job which no women had s u c c e s s f u l l y performed anywhere, and i n which he/she had already given several women an opportunity to work.  He/she has concluded on the basis of t h i s  evidence that women cannot do the j o b , and we would not consider that b e l i e f a p r e j u d i c e , because the employer has shown i n t e r e s t i n the evidence and the a v a i l a b l e evidence does not c o n t r a d i c t the b e l i e f . To say that t h i s employer's r e f u s a l to consider women f o r the job i s based on a b e l i e f which i s not a prejudice i s not to say that his/her r e f u s a l i s not a case of sex d i s c r i m i n a t i o n , or that we would not disapprove of i t .  I t i s a case of sex d i s c r i m i n a t i o n , because he/she  i s excluding each woman on the grounds of her sex without her q u a l i f i c a t i o n s to do the job.  considering  Furthermore, there are several good  reasons to disapprove of and guard against the employer's a c t i n g on his/her b e l i e f :  102  a) E v i d e n c e o f t h e form "No women have s u c c e s s f u l l y done X," f o r b e l i e f s o f the form "No woman can do X" o r even, "Most women cannot do X," i s v e r y touchy evidence indeed.  F o r when we a s k i f  women have had a decent o p p o r t u n i t y t o do X (decent enough to j u s t i f y the b e l i e f ) , we o f t e n f i n d t h a t we cannot answer "yes," and t h a t we become embroiled i n t h e v e r y problems o f u n d e r s t a n d i n g " o p p o r t u n i t y " which we have been encounteringc.so f a r . We need some e x p l a n a t i o n t o add t o "No women have s u c c e s s f u l l y done X" b e f o r e i t becomes p l a u s i b l e t o say, "No woman c a n do X," o r even "Most women cannot do X."  F o r example, a p h y s i o l o g i c a l  e x p l a n a t i o n based on the d i f f e r e n c e s between men and women w i l l do as e v i d e n c e f o r "No woman can do X."  A psychological or s o c i o l o g i c a l  e x p l a n a t i o n may do as evidence f o r "Most women cannot do X." When he/she has n o i e x p l a n a t i o n t o back i t up, an employer a c t s on t h e b e l i e f  who  "No woman c a n do X" by r e f u s i n g t o c o n s i d e r women's  q u a l i f i c a t i o n s t o do X i s simply t u r n i n g h i s / h e r back on p o s s i b l e counterexamples. 3  b) As P l a t o p o i n t e d out , even i f t h e r e i s evidence and an e x p l a n a t i o n f o r "Most women cannot do X," as l o n g as t h e r e i s a way, independent notgood  o f sex, t o determine o r e s t i m a t e a b i l i t y t o do X, t h e r e i s  r e a s o n f o r u s i n g sex as a q u a l i f i c a t i o n . .-• I n d i v i d u a l s , n o t  c l a s s e s , have t h e a b i l i t i e s t h e employer  seeks.  c) There i s f a r more a t s t a k e f o r the a p p l i c a n t than f o r t h e employer. The employer  may l o s e a l i t t l e  time by c o n s i d e r i n g t h e q u a l i f i c a t i o n s  of i n d i v i d u a l female a p p l i c a n t s .  I f he/she r e f u s e s t o do s o , t h e a p p l i c a n t  103  loses a chance of e x e r c i s i n g her a b i l i t i e s i n productive work. d) There i s more a t stake f o r the community than f o r the -4 employer.  As M i l l was fond of p o i n t i n g out , the community stands  to lose the work of the best person f o r the job. e) The p r e d i c t i o n "Most women cannot do X," i f i t i s based on negative evidence and a strong psychological or s o c i o l o g i c a l explanation, can be a s e l f - f u l f i l l i n g prophecy.  Suppose (as seems l i k e l y ) that many  people need models of success with whom they can i d e n t i f y i n order to develop a b i l i t i e s .  Then, f o r example, i f there are no women  professors i n a f i e l d , few women students go on to graduate study, very few become q u a l i f i e d to be professors, and the b e l i e f that most women cannot do i t i s r e i n f o r c e d . Furthermore, i f women are not considered f o r a p a r t i c u l a r kind of job,  no woman w i t h her own i n t e r e s t s i n mind w i l l t r a i n h e r s e l f to do  i t , few women w i l l succeed a t i t , and the b e l i e f that most women cannot do i t w i l l p e r s i s t .  Thus an employer's a c t i n g on the b e l i e f  that most women cannot do a job puts women as a c l a s s a t a disadvantage which seems e a s i l y corrected.by adopting the p r a c t i c e of considering each applicant's q u a l i f i c a t i o n s regardless of sex. The form of a n t i - d i s c r i m i n a t i o n law which I took up outlaws type-1 d i s c r i m i n a t i o n of any kind, and I think I have shown that t h i s i s d e s i r a b l e f o r c r e a t i n g equal opportunity f o r women.  I have been t a l k i n g  about cases of type-1 d i s c r i m i n a t i o n which are obvious to an observer. There are other cases which are not so obvious and may be d i f f i c u l t to prove.  An employer may not i n f a c t consider h i r i n g women f o r a j o b ,  10 4  but i f he/she a c c e p t s a p p l i c a t i o n s from women, then i t may l o o k to us l i k e t y p e - 2 or t y p e - 3 d i s c r i m i n a t i o n i s going o n , and we may to prove t h a t ,  but we w i l l not be a b l e to prove t h a t  Sometimes,an employer, d e c l a r e s man i f  that h i s / h e r p o l i c y i s to h i r e the often  t h a t men, as the heads of f a m i l i e s ,  more than women"*, or that  able  t y p e - 1 i s going on.  a man and a woman a p p l i c a n t are e q u a l l y q u a l i f i e d ,  because he/she b e l i e v e s  be  need  the proper sphere of women does not  the type o f work i n q u e s t i o n , or because he/she b e l i e v e s have some u n d e s i r a b l e t r a i t or l a c k some d e s i r a b l e t r a i t , a s i m p l e p r e f e r e n c e f o r working w i t h men.  jobs  include  t h a t a l l women or because  of  Such a p o l i c y i s a c l e a r  case of t y p e - 2 d i s c r i m i n a t i o n . G i v e n a group of a p p l i c a n t s w i t h equal q u a l i f i c a t i o n s , we would expect t h o s e l : h i r e d to be a random sample, group, i f  i n respect  of sex,  the employer d i d the h i r i n g without r e g a r d to sex.  employer may be h i r i n g w i t h r e g a r d to some t r a i t which i s  of  the But  the  inversely  c o r r e l a t e d w i t h b e i n g female and which i s a d m i t t e d l y not a q u a l i f i c a t i o n f o r the job i t s e l f , basketball  team.  f o r example l i k e l i h o o d to b e n e f i t To prevent  an employer has no women on a p a r t i c u l a r j o b ,  applicants. and we can prove  that a s u b s t a n t i a l number of women a p p l i e d w i t h the same as the men who were h i r e d , we can show t h a t qualifications,  c o r r e l a t e d w i t h b e i n g female,  that  a l o n e , and use some  random procedure f o r d e c i d i n g among e q u a l l y - q u a l i f i e d  c r i t e r i a besides  department  t h i s , we would have to r e q u i r e  employers h i r e on the b a s i s of job q u a l i f i c a t i o n s  If  the  qualifications  the employer used some other  perhaps sex,  perhaps some t r a i t  to s e l e c t h i s / h e r employees.  inversely  Furthermore,  105  we assume that an employer should be looking f o r the b e s t - q u a l i f i e d person f o r the job - a f a i r assumption i n the p u b l i c s e r v i c e . So i f we f i n d that he/she.has h i r e d a man who i s l e s s q u a l i f i e d f o r -_ the job than a woman a p p l i c a n t , we know that the employer i s h i r i n g at l e a s t p a r t l y on the basis of sex or of some t r a i t i n v e r s e l y c o r r e l a t e d with being female (type-3 d i s c r i m i n a t i o n ) .  In both these  types of case, the main d i f f i c u l t i e s of proof are d e f i n i n g q u a l i f i c a t i o n s and f i n d i n g an adequate method of comparing them, s o l t h a t we can j u s t i f y a claim that the members of a p a r t i c u l a r group of applicants have equal q u a l i f i c a t i o n s or a claim that one applicant i s better q u a l i f i e d than another. When dealing with the problem of c o r r e l a t e d t r a i t s , we found that one way of removing women's disadvantages i s to remove any requirements for doing X which are i n v e r s e l y c o r r e l a t e d with being female and are not necessary f o r the performance of X.  I t i s tempting to l i m i t  the scope of ' q u a l i f i c a t i o n s ' f o r a job to j u s t those t r a i t s which are necessary f o r i t s performance.  I t seems easier to decide between  necessary and unnecessary t r a i t s than between genuinely u s e f u l t r a i t s and those which merely r e f l e c t the preferences of the employer (and i t may be very u s e f u l to cater to the preferences of the employer, however i r r a t i o n a l they a r e ) .  Furthermore, although' some u s e f u l t r a i t s would  c l e a r l y be u n f a i r requirements, i t cannot be u n f a i r to require a t r a i t that i s necessary to performing the job.  106  So l e t us look f i r s t at how we could decide which t r a i t s are necessary and which are unnecessary.  O r d i n a r i l y we make a common-sense  evaluation of the requirements of the job;  f o r example, a m a i l - s o r t e r  must be able to read and must have enough manual d e x t e r i t y to make p i l e s of m a i l , and i f we want the job w e l l done, he/she must be quick-thinking, honest and conscientious.  Of course the job can be done by someone who  i s slow, dishonest and/or. c a r e l e s s , but i t w i l l not be done the way we want i t done - q u i c k l y , r e l i a b l y and thoroughly.  An employee who i s  unusually cheerful may g r e a t l y improve the e f f i c i e n c y of the mail-room, and o r d i n a r i l y we would regard t h i s as a bonus and not a necessity;  but  we could describe the new m a i l - s o r t e r ' s job to include r a i s i n g the morale of the other employees i n the mail-room and improving general e f f i c i e n c y , i n which case cheerfulness necessary to doing the job.  and perhaps leadership q u a l i t i e s become So our ideas of which t r a i t s are necessary  i n an employee depend on our d e s c r i p t i o n of an adequate performance of the job. We s t a r t e d by asking what sorts of t r a i t s w i l l count as q u a l i f i c a t i o n s for a job, and now we seem to be faced with a new question - what sorts of job d e s c r i p t i o n s w i l l we accept ?  For even i f we l i m i t the scope of  ' q u a l i f i c a t i o n s ' to those t r a i t s which are necessary to perform the job, i t seems that an employer could c a l l any t r a i t s ' q u a l i f i c a t i o n s ' by describing the job i n such a way that i t requires them.  There i s , of  course, the l i m i t a t i o n imposed by the type of a n t i d i s c r i m i n a t i o n law we are considering, that c e r t a i n t r a i t s are not allowed to count as q u a l i f i c a t i o n s under any job d e s c r i p t i o n (with a few s t i p u l a t e d  107  exceptions'), e.g. race, sex, r e l i g i o n .  But unless we also set  l i m i t s on the s o r t s of job d e s c r i p t i o n s we w i l l accept, i t w i l l be so easy f o r an employer to j u s t i f y e i t h e r not having h i r e d a p a r t i c u l a r person or c l a s s of persons or r e q u i r i n g whatever c h a r a c t e r i s t i c s he/she prefers i n an employee (including those c l o s e l y r e l a t e d with sex,  race,  r e l i g i o n , e t c . ) , that i t w i l l be impossible to prove or prevent even the most blatant cases of d i s c r i m i n a t i o n . Surely some job d e s c r i p t i o n s are unacceptable to us, even to those of us who are not p a r t i c u l a r l y concerned about d i s c r i m i n a t i o n .  For  instance, although employees are often h i r e d i n part to f l a t t e r the employer, or to d i s p l a y the employer's status (as i n the case of the a t t r a c t i v e r e c e p t i o n i s t who i s very c a r e f u l l y picked to perform almost no work at a l l ) , the jobs are hot announced or advertised' under these d e s c r i p t i o n s , and applicants are r a r e l y t o l d that obsequiousness or a c e r t a i n taste i n clothes and make-up are requirements of the jobs. Perhaps i t i s because these job d e s c r i p t i o n s offend a widespread sense of what sorts of tasks are compatible with human d i g n i t y .  For  whatever reasons, we do now have some c u l t u r a l (and l e g a l ) l i m i t a t i o n s on what sorts of jobs people should be hir£d to perform.  And there  are also l i m i t s to what d e s c r i p t i o n s of a job are b e l i e v a b l e .  I f an  employer claims he h i r e s only very strong men to work i n h i s f a c t o r y because the job requires heavy p h y s i c a l labour, and anyone who v i s i t s the factory can see that a l l the heavy work i s done by machines, then his d e s c r i p t i o n of the job i s p l a i n l y f a l s e and therefore unacceptable.  108  C e r t a i n l y our depend on our for  d e s c r i p t i o n s of government j o b s would and  i d e a s of what i s i n the p u b l i c i n t e r e s t .  the purpose of making s e x - d i s c r i m i n a t i o n d e t e c t a b l e  i t s o c c u r r e n c e , I suggest i t i s p o s s i b l e t o make the  should  In a d d i t i o n , and  reducing  following  requirements of job d e s c r i p t i o n s : a) That they be  t r u e to the a c t u a l tasks  b) That they not be  and  unless  i t can be  traits  shown t h a t  the  such a t r a i t i s n e c e s s a r y f o r the p u b l i c i n t e r e s t  cannot r e a s o n a b l y be accomplished i n another way  automation or by  performed.  such as to r e q u i r e employees to have  which a r e h i g h l y c o r r e l a t e d w i t h sex, task which n e c e s s i t a t e s  to be  ( f o r example by  teamwork).  c) That they be made p u b l i c and  t h a t they be used as the  actual  g u i d e l i n e s of h i r i n g p r a c t i c e s . Once we of a j o b , we  have an a c c e p t a b l e may  d e s c r i p t i o n of the adequate performance  want to use more than our common-sense e v a l u a t i o n ;  of i t s requirements to a r r i v e at a l i s t employee. inform  may  have s t a t i s t i c a l  use what I have c a l l e d  p r e d i c t i o n s to  the common-sense e v a l u a t i o n of a  come up w i t h requirements t h a t may  knowledge, c h a r a c t e r and  c o r r e l a t i o n s and  us.  When we job we  We  of the t r a i t s n e c e s s a r y i n an  traits  experience, i . e previous  include a b i l i t i e s ,  (such as honesty and  conscientiousness),  s u c c e s s f u l performance o f the tasks  ( i n the case of j o b s where the tasks are so complex as to s u b t l e combinations of a b i l i t i e s , which would be  skills,  s k i l l s , knowledge and  involved  require  character  too d i f f i c u l t to break down i n t o t h e i r p a r t s ) .  traits  109  Furthermore, we w i l l probably come up with various proofs of these on our l i s t of necessary t r a i t s ;  f o r example testimonies of character  and  of previous successful performance, and perhaps c e r t a i n t e s t - r e s u l t s , when we have t e s t s that require the performance of tasks l i k e those required i n the job or ask questions which c a l l upon knowledge necessary i n the job.^ But i t i s p o s s i b l e that our knowledge of s t a t i s t i c a l c o r r e l a t i o n s and p r e d i c t i o n s would lead us to add things to our l i s t of necessary t r a i t s that a common-sense evaluation of the job would never produce. For example, suppose we know that people with normal-range blood  pressure  make f a r fewer mistakes under stress than people with high blood  pressure.  Would we not want to make normal-range blood pressure a necessary t r a i t of surgeons, a i r - t r a f f i c - c o n t r o l l e r s , and others who work i n high-stress jobs which frequently involve life-and-death decisions ?  I f the  c o r r e l a t i o n were f i r m l y established and very high, could any  record  of accuracy, no matter how long, overcome our qualms about an applicant with high blood pressure ? On the other hand, we would probably have reservations about a c t i n g on some information that s t a t i s t i c a l studies might y i e l d .  Suppose we  know that mail-rooms composed of a l l married employees are 30% more e f f i c i e n t than those with s i n g l e employees ?  Suppose factory workers  between 16 and 35 years old have 20% higher p r o d u c t i v i t y than a l l others ? Suppose, as i t i s often claimed, the turnover rate of women i n some jobs i s so high that the time they work i s not, on the average, worth the time put i n t o t r a i n i n g them ?  Do we want to add to our l i s t of  110  necessary c h a r a c t e r i s t i c s t r a i t s which are h i g h l y c o r r e l a t e d e i t h e r with requirements we a r r i v e d a t by a common-sense evaluation of a job or with a c t u a l job performance ? I pointed out e a r l i e r i n t h i s s e c t i o n that the p r e d i c i t o n "Most women cannot do X" can be a s e l f - f u l f i l l i n g prophecy, and that a c t i n g on i t can put women as a c l a s s a t a disadvantage which could be avoided by considering each applicant's s u i t a b i l i t y regardless of sex.  Acting on s t a t i s t i c a l information l i k e that suggested i n the  preceding paragraph i s l i k e l y to r u l e out the p o s s i b i l i t y of s o c i a l changes that would change the s t a t i s t i c s .  I t may be p o s s i b l e to f i n d  and reduce or eliminate the causal f a c t o r s i n the i n e f f i c i e n c y of having unmarried people i n mail-rooms, the lower p r o d u c t i v i t y of factory workers over 35, and the turnover r a t e of women i n some jobs, but i t w i l l not happen i f h i r i n g p r a c t i c e s conform to these s t a t i s t i c s . Yet what of the blood pressure-mistakes c o r r e l a t i o n ?  Do we  mean to give .people with high blood pressure a chance to prove i t wrong, where accuracy i s a matter of l i f e and death ?  Here we are  brought back, as we were i n the problem of describing jobs, to balancing the p u b l i c i n t e r e s t against;.the^desire,;toravoid .putting classes of applicants a t a disadvantage.  Where success i n the job i s extremely  c r u c i a l to the consumers of the goods or s e r v i c e s , our scruples about using any s t a t i s t i c a l methods of p r e d i c t i o n should be lessened. Otherwise, we should be wary of c o r r e l a t i o n s and p r e d i c t i o n s , and seek out the best ways of judging the s u i t a b i l i t y of each i n d i v i d u a l applicant by his/her provable a b i l i t i e s , s k i l l s , knowledge, character  traits  Ill  and/or  experience.  Supposing s t i l l t h a t we count o n l y t r a i t s  necessary  performance of a job a s • ' q u a l i f i c a t i o n s '  f o r the j o b ,  we have a complete  traits,  an employee  list  of the n e c e s s a r y  from among the a p p l i c a n t s  ?  to  and supposing  job.  s i n c e by our h y p o t h e s i s  The o n l y a p p l i c a n t s we w i l l  no one e l s e  necessary at  can adequately  first  because  it  perform the  traits,  no one i s more q u a l i f i e d than a n o t h e r .  seem t h a t  someone who has more of a n e c e s s a r y  example,  if  conscientiousness  i s not the case t h a t  mail-sorter, speed,  necessary  i s a necessary  s i n c e t h e r e i s a p o i n t at which i t  It  trait  i s not trait  the more c o n s c i e n t i o u s n e s s  so an approximate degree  the  might than  the  in a mail-sorter,  the b e t t e r  interferes  the  too much w i t h be  e i t h e r does or does not  I f we cannot compare t h e i r q u a l i f i c a t i o n s ,  Not  true;  of c o n s c i e n t i o u s n e s s ^ w i l l  t r a i t which an a p p l i c a n t  ?  among those who have  o t h e r s w i l l be more q u a l i f i e d than them, but t h a t for  necessary  And how s h a l l we choose among the q u a l i f i e d a p p l i c a n t s  by comparing t h e i r q u a l i f i c a t i o n s ,  that  how s h a l l we choose  c o n s i d e r q u a l i f i e d f o r the job a r e those who have a l l the traits,  the  the  have.  we s h a l l have to  choose  among q u a l i f i e d a p p l i c a n t s by some random s e l e c t i o n p r o c e s s ,  in  order to safeguard  qualifications  against  d i s c r i m i n a t i o n and guarantee  that  a r e the o n l y c r i t e r i a we use i n h i r i n g . Now i t of its  i s time to c o n s i d e r whether we do want to l i m i t the  'qualifications' performance.  f o r a job to those  scope  t r a i t s which a r e n e c e s s a r y  We found t h a t what we c o n s i d e r n e c e s s a r y  for  depends on  the job d e s c r i p t i o n we have, which should i n t u r n depend on our i d e a s  about  112  what i s i n the p u b l i c i n t e r e s t .  But i s i t i n the p u b l i c i n t e r e s t  to content ourselves with asking f o r only the t r a i t s . n e c e s s a r y to performing applicants ?  ,j,oh. and,-, then choosing randomly from among the q u a l i f i e d Surely some among the applicants.who meet our  requirements could do the job f a r better than others.  Should we  not t r y to f i n d the best person f o r each job ? C e r t a i n l y M i l l thought that the means of s e l e c t i o n should aim at the goal of f i n d i n g the best person f o r the job: I t i s not that a l l processes are supposed to be equally good, or a l l persons to be equally q u a l i f i e d f o r everything; but that freedom of i n d i v i d u a l choice i s known to be the only thing which procures the adoption of the best processes, and throws each operation i n t o the hands of those who are best q u a l i f i e d f o r i t . ^ x  The excellence of the work done by people who are best suited to a job often r a i s e s our standards of an adequate performance of the job; and a job d e s c r i p t i o n changes w i t h the innovations brought to i t by the people who do i t .  Indeed t h i s process an a large scale i s the  means by which the standard of l i v i n g of a whole society i s r a i s e d . Should we leave i t to chance whether we h i r e those most capable of bringing excellence to t h e i r work, or should we make some e f f o r t to f i n d them ?  I f we want to do the l a t t e r , we w i l l have to compare the  q u a l i f i c a t i o n s of those who•.meetstthe minimum requirements of the j o b , and to do that we w i l l have to extend the scope of ' q u a l i f i c a t i o n s ' to include not only those t r a i t s which are necessary to performing a job, but also those which are l i k e l y to .be h e n e f i c i a l i n some way and lead to e x c e l l e n t work.  113  But i f we extend the scope of ' q u a l i f i c a t i o n s ' beyond necessary t r a i t s to b e n e f i c i a l . t r a i t s , w i l l i t not be more d i f f i c u l t for us to d i s t i n g u i s h genuine q u a l i f i c a t i o n s from the preferences of the employer and  therefore more d i f f i c u l t for. us to discover and prove i t i f an  employer i s h i r i n g men.preferentially over women w i t h equal or better qualifications ?  Let us see what can be done.  We can at l e a s t l i m i t the range of ' b e n e f i c i a l t r a i t s ' to those t r a i t s which can p l a u s i b l y be associated w i t h the job.  I f we describe  our government jobs according to our ideas of what i s i n the i n t e r e s t , and  public  i f we employ the further requirements I suggested we  make of acceptable job d e s c r i p t i o n s ,  then we w i l l r u l e out  practices  l i k e h i r i n g someone p a r t l y f o r h i s a b i l i t y to benefit the department b a s k e t b a l l team (unless the job i s described that way,  which would  have to be j u s t i f i e d i n terms of the p u b l i c i n t e r e s t , and  raising  department morale would hot j u s t i f y that p a r t i c u l a r d e s c r i p t i o n , i t might be done any number of ways).  since  Of course there i s plenty of  room for disagreement over what i s i n the public i n t e r e s t , but assuming we do have an acceptable job d e s c r i p t i o n ,  i t does l i m i t the range of  t r a i t s which an employer can c a l l genuine q u a l i f i c a t i o n s .  Furthermore,  for the reasons already given, I suggest we continue to be wary of s t a t i s t i c a l correlations  and predictions  and not consider them relevant  to genuine q u a l i f i c a t i o n s unless an extremely important matter of p u b l i c i n t e r e s t i s involved;  t h i s l i m i t s our  'beneficial  traits'  to the common-sense classes of a b i l i t i e s , s k i l l s , knowledge, character t r a i t s and experience. qualifications.  Unfortunately, we now  have the problem of compar  114  Comparing q u a l i f i c a t i o n s i.e. etc.  is difficult  i n the absence of p r e j u d i c e s  under the b e s t c o n d i t i o n s ,  about c l a s s ,  sex,  race, r e l i g i o n ,  A c t u a l l y t h e r e a r e two k i n d s of comparison to be made:  weighing one k i n d of b e n e f i c i a l  t r a i t against.: a n o t h e r , e . g .  first,  if  one  a p p l i c a n t has a l o t of p r a c t i c a l e x p e r i e n c e and another has a l o t formal t r a i n i n g ;  and second, comparing the v a l u e s  t r a i t as had by more than one a p p l i c a n t , two a p p l i c a n t s '  experience.  relative  of the same k i n d of  comparing the v a l u e s  A l l comparisons of the  of a p p l i c a n t s a r e more or l e s s k i n d s of comparison.  e.g.  of  of  qualifications  c o m p l i c a t e d combinations of these two  The second k i n d can sometimes be made w i t h  ease and o b j e c t i v i t y ,  if  the t a s k s  simple enough t h a t r e l i a b l e t e s t s of  r e q u i r e d by the job  are  the knowledge and a b i l i t i e s  of a p p l i c a n t s can be d e v i s e d and the comparisons can be made by means of t e s t s c o r e s .  But both k i n d s a r e o f t e n d i f f i c u l t  fraught w i t h the dangers of  prejudice.  The k i n d of sex p r e j u d i c e which e n t e r s qualifications,  and, i n our w o r l d ,  u n l i k e the k i n d t h a t  i n t o the p r o c e s s of comparing  consists  in beliefs  that  all  women have some u n d e s i r a b l e t r a i t or l a c k some d e s i r a b l e t r a i t , be defeated activities  by counterexamples. and achievements  men, whatever attitude  It  consists  of the a t t i t u d e  and achievements may b e ,  deeply embedded i n our s o c i e t y .  It  to p l a y g i r l s '  and t h a t  i s well-known t h a t  s t a t u s and remuneration of elementary e d u c a t i o n ,  likes  that  the  of women a r e l e s s v a l u a b l e than those of  those a c t i v i t i e s  economics were g r e a t l y  cannot  i s an the  s o c i a l work and home  r a i s e d when men e n t e r e d those f i e l d s .  A boy who  games i s f a r more w o r r i e d - o v e r by a d u l t s and  115  despised by other c h i l d r e n than a g i r l who l i k e s to play boys' games.  And homemaking, although I t involves tasks that are  absolutely necessary to the well-being of every human being, i s perhaps the lowest-status job of a l l , as i s shown by the r i d i c u l e and/or p i t y w i t h which a male homemaker i s regarded, while a woman doctor partakes of some, but not u s u a l l y a l l , the status of a male doctor. As f u r t h e r evidence of t h i s prejudice, we see that the pay f o r jobs done mostly by women i s less;'than that f o r jobs done mostly by men,  regardless of the skills,^knowledge, t r a i n i n g and e f f o r t involved.  For example, u n t i l r e c e n t l y a t the U n i v e r s i t y of B r i t i s h Columbia the jobs with the lowest average s a l a r i e s were jobs f i l l e d almost e x c l u s i v e l y by women - C l e r k s , S e c r e t a r i e s , L i b r a r y A s s i s t a n t s and Food Service Workers;"'"''' i n the L i b r a r y , the average Stack  Attendant  (only males were e l i g i b l e f o r t h i s job) whose job was to sort and reshelve books made $131 more per month than the average female L i b r a r y A s s i s t a n t I (a 92% female c l a s s i f i c a t i o n ) whose job was to 12 type catalogue cards and f i l e them and to check books i n and out. Thia'.'is' what the market w i l l bear, but not because of supply-and-demand, since, f o r example, s k i l l e d t y p i s t s are obviously i n shorter supply than men capable of s o r t i n g and reshelving numbered books, but because of the expectations of both women and men that women w i l l be paid l e s s f o r the work they do. How might t h i s kind of prejudice, t h i s a t t i t u d e that the a c t i v i t i e s and achievements of women are l e s s valuable than those of men, enter  116  i n t o the process of comparing q u a l i f i c a t i o n s ?  When women and men  applicants.are being compared, i t would c e r t a i n l y a f f e c t the weighing of d i f f e r e n t kinds of t r a i t s against each other;  and i f the prejudice  extends to the achievements of i n d i v i d u a l women i n normally male f i e l d s , i t would also a f f e c t the comparison of t h e i r t r a i t s of the same kind.  That the prejudice does extend to the achievements of  women i n normallh male f i e l d s i s perhaps the best explanation of the 13 r e s u l t s of one recent study of h i r i n g patterns i n academia: L.S. F i d e l l sent one of two forms, A and B, to the chairman of each of the 228 u n i v e r s i t y and college psychology departments i n the U.S. which o f f e r graduate degrees.  Each form contained 10 paragraphs  describing the p r o f e s s i o n a l background of h y p o t h e t i c a l psychologists. The q u a l i t y of background was v a r i e d among the paragraphs.  Paragraphs  headed by a male f i r s t name on one form had a female f i r s t name on the other and were otherwise i d e n t i c a l .  The chairmen were asked, on the  pretext of cooperating i n a long-range study of 10 young PhDs, to rate the d e s i r a b i l i t y f o r h i r i n g of each of the applicants and to i n d i c a t e the l e v e l a t which he/she would be offered a p o s i t i o n . chairmen responded (75 to form A, 72 to form B).  147  Although the d i f f e r e n c e  i n d e s i r a b i l i t y r a t i n g s f o r males and females was not s i g n i f i c a n t , a very s i g n i f i c a n t d i f f e r e n c e - i n the l e v e l of p o s i t i o n offered was found. Women received greater numbers^of o f f e r s at the a s s i s t a n t professor l e v e l or lower than d i d men.  "Across a l l paragraphs the modal l e v e l of o f f e r  for women was a s s i s t a n t professor, while f o r men i t was associate  117  prof essor. ""' J  +  There were no>responses suggesting the rank of f u l l  professor when the paragraphs described women, although several such responses were made to a p a r t i c u l a r paragraph when i t was headed by a man's name. I t may be suggested that the charimen have other a t t i t u d e s or b e l i e f s about women, besides a tendency to undervalue women's achievements, which affected t h e i r responses to the resumes.  Perhaps  they think that u n i v e r s i t y teaching i s hot the proper sphere of women, or that a l l women have some undesirable t r a i t which does not show up on resumes but which would hinder t h e i r work i n the department, or perhaps they j u s t do not l i k e having women around or prefer men.  But  i f any of these b e l i e f s and a t t i t u d e s were at work, surely we would expect them to have some e f f e c t on the d e s i r a b i l i t y r a t i n g s , and not j u s t on the rank suggested.  I t cannot be a matter of reluctance to  t r u s t women with r e s p o n s i b i l i t i e s , because i n most departments the rank of a s s i s t a n t professor c a r r i e s no l e s s r e s p o n s i b i l i t y than the rank of associate professor, although i t does pay l e s s and carry l e s s status.  Perhaps they o f f e r women a lower p o s i t i o n i n the hope that  they w i l l not accept i t , but t h i s would not be a well-founded hope given that  so.Tmany  women PhDs do accept positions.'.-i-nvthe very low  ranks of universities.'*'^  The most p l a u s i b l e explanation of the  phenomenon i s that the chairmen do undervalue the achievements of women i n this" normally male f i e l d .  And i t would not be unduly  p e s s i m i s t i c to suppose t h a t , i f they are looking f o r someone to f i l l the p o s i t i o n of associate professor i n t h e i r departments, they could  118  not be t r u s t e d to compare the q u a l i f i c a t i o n s to h i r e the b e s t person f o r the  of men and women and  job.  We can see now how'employers who b e l i e v e on the b a s i s  strictly  of q u a l i f i c a t i o n s may be a c t u a l l y h i r i n g on the b a s i s  sex p l u s q u a l i f i c a t i o n s ,  i.e.  the sex o f the a p p l i c a n t s e n t e r s  the h i r i n g d e c i s i o n when the employers' qualifications of women.  they are h i r i n g  is  comparisons of  t a i n t e d w i t h a tendency  into  applicants'  to undervalue the  achievements  Employers may have a v e r y c l e a r i d e a of what s o r t s of  count as q u a l i f i c a t i o n s  f o r the job and even of what s o r t s of  i n an employee l e a d to e x c e l l e n c e  of  and i n n o v a t i o n , they may  traits  traits  stick  very c l o s e l y  to comparing a p p l i c a n t s o n l y w i t h r e g a r d to which of  these t r a i t s  they have,- and to what d e g r e e ,  and to s e l e c t i n g  the best  person f o r the job o n l y on the b a s i s of the comparison, and then they may b r i n g i n sex as a c o n s i d e r a t i o n i n the comparison, perhaps without even r e a l i s i n g i t .  Thus, even w i t h the f i r m i n t e n t i o n o f b e i n g  employers may d i s c r i m i n a t e a g a i n s t women by c o n s i s t e n t l y over women w i t h e q u a l q u a l i f i c a t i o n s qualified  h i r i n g men  or h i r i n g men who a r e  less  than women a p p l i c a n t s .  We w i l l want to prevent  the d i s c r i m i n a t i o n t h a t a r i s e s  g i v i n g lower v a l u e to the a c t i v i t i e s  and achievements  because  i t puts women a t a disadvantage  because  it  from  of women, both  i n the h i r i n g p r o c e s s , and  i s not i n the p u b l i c i n t e r e s t ,  since i t  gets i n the way  of having the r e a l l y b e s t - q u a l i f i e d p e r s o n f o r the j o b . prevent  objective,  I f we a r e to  i t by means of a n t i - d i s c r i m i n a t i o n laws we w i l l have to be  a b l e to d e t e c t and prove i t ,  and t h a t b r i n g s us back to our o l d  119  problem that to detect and prove cases of types 2 and 3 d i s c r i m i n a t i o n we need a d e f i n i t i o n of ' q u a l i f i c a t i o n s ' and an unprejudiced method of comparing them. Let us assume we'. can get a good d e f i n i t i o n of ' q u a l i f i c a t i o n s ' i n e f f e c t a l i s t of the necessary and b e n e f i c i a l t r a i t s f o r each job. We then need an unprejudiced procedure f o r weighing the d i f f e r e n t kinds of t r a i t s of applicants and an unprejudiced method of comparing the value of the same kinds of t r a i t s as had by d i f f e r e n t a p p l i c a n t s . Only unprejudiced people with a thorough knowledge of the jobs to be done could give us e i t h e r of these.  Conceivably they could create  an ordered l i s t f o r each job that would rank t r a i t s from 'barely h e l p f u l ' to 'absolutely necessary' and also rank combinations of traits.  For some jobs o b j e c t i v e t e s t s might be devised f o r comparing  a p p l i c a n t s ' knowledge, s k i l l s and a b i l i t i e s ;  but i n cases where we  want to compare the q u a l i t y of t h e i r experience no f i x e d  procedure  could be used, and each comparison would have to be v a l i d a t e d by the judgment of some unprejudiced person experienced i n the f i e l d of work.  Often, as i n most p r o f e s s i o n a l f i e l d s , the person doing a  comparison of a p p l i c a n t s ' experience or p o t e n t i a l must have the unprejudiced judgment of people i n the f.ield who have d i r e c t knowledge of the a p p l i c a n t s ' previous work.  In short, we need the good judgment  of large numbers of unprejudiced experts j u s t to detect sex d i s c r i m i n ation.  Preventing i t by means of d e t e c t i n g , proving and punishing  cases i s , of course, an even'v greater task which would require even more unprejudiced people.  And where are these unprejudiced people  120  to come from when the attitude of undervaluing  the a c t i v i t i e s and  achievements of women i s deeply embedded in.a society ? The p o s s i b i l i t y of preventing de facto sex discrimination by means of anti-discrimination laws looks even more remote when we r e a l i z e that so far we have only been considering the h i r i n g process; yet i f prejudice i s embedded i n the society, discrimination against females i s probably putting them at a disadvantage long before they reach the h i r i n g process:  i n admission  to training and  education  and advancement through those systems, and long after i t :  i n the  pay and encouragements they receive at work and i n promotion through the ranks of their occupations.  The thought of the legions of  unprejudiced people i t would require to prevent a l l this i s staggering, for the same d i f f i c u l t i e s of defining and comparing ' q u a l i f i c a t i o n s ' must be met  i n a l l these instances..  Before concluding that we must eliminate sex prejudice from our society i n order to do away with sex discrimination, i t i s only f a i r (and hopeful) to consider the other p l a u s i b l e methods of preventing discrimination besides anti-discrimination laws of the form we have examined;  concealing the sex of applicants and using affirmative  action programs. Obviously an employer, educator, etc. who }  does not know the sex  of an applicant cannot discriminate against him/her on the basis of sex.  I t i s sometimes possible to conceal the i d e n t i t y of applicants  i n large communities and i n occupational and educational f i e l d s large enough that applicants cannot be i d e n t i f i e d by their background  121  information.  Of course t h i s procedure precludes the interview  process as a means of assessing a p p l i c a n t s ' character t r a i t s , and i t does not prevent recommendations and reports by teachers, former employers, etc., from being prejudiced by t h e i r knowledge of the a p p l i c a n t s ' sex.  Furthermore, i t i s useless against d i s c r i m i n a t i o n  which may be encountered by workers and students every day i n t h e i r attempts to gain r e c o g n i t i o n and advance themselves through the system. For these reasons i t i s not a major s o l u t i o n to the.problem of preventing  sex d i s c r i m i n a t i o n , although i t i s u s e f u l as an  occasional  tool. A f f i r m a t i v e Action Experience i n administering equal opportunity laws over the past 30 years has shown that many d i s c r i m i n a t o r y p r a c t i c e s of the past remain so deeply embedded i n basic i n s t i t u t i o n s of s o c i e t y that these p r a c t i c e s continue to have extremely unequal e f f e c t on c e r t a i n groups i n our population, even when the employer has no conscious i n t e n t to d i s c r i m i n a t e . The l e g a l necessity f o r p o s i t i v e , a f f i r m a t i v e a c t i o n to remove these d i s c r i m i n a t o r y p r a c t i c e s which s t i l l pervade every phase of employment has been f i r m l y established by the courts. These sentences are taken from the "Foreward" to A f f i r m a t i v e A c t i o n and Equal Employment, A Guidebook f o r Employers, published the U.S.  Equal Employment Opportunities Commission,.  can be required by the U.S.  Affirmative action  courts of companies, agencies and  i n s t i t u t i o n s found g u i l t y of d i s c r i m i n a t o r y - p r a c t i c e s ;  and i t i s  required, by P r e s i d e n t i a l Executive Order 11246, of a l l Federal and subcontractors  by  contractors  with contracts over $50,000 and 50 or more employees.  (Executive Order 11246  i n e f f e c t requires a f f i r m a t i v e a c t i o n programs  122  i n a l l c o l l e g e s and u n i v e r s i t i e s which r e c e i v e  substantial  Federal  funds.) An  o u t l i n e o f an a f f i r m a t i v e a c t i o n program i s g i v e n on t h e  page r e p r i n t e d here from t h e Guidebook.  An e s s e n t i a l concept i n  the program i s " u n d e r u t i l i z a t i o n , " which i s d e f i n e d as h a v i n g fewer m i n o r i t i e s  by t h e E.E.O.C.  o r women i n a p a r t i c u l a r j o b c a t e g o r y than  would r e a s o n a b l y be expected by t h e i r presence i n t h e work f o r c e , or employing persons i n j o b s t h a t do not make adequate use o f t h e i r s k i l l s and t r a i n i n g .  The Guidebook has t h i s to say about  eliminating  "underutilization": The u l t i m a t e long-range g o a l o f your a f f i r m a t i v e a c t i o n program should be r e p r e s e n t a t i o n o f each group i d e n t i f i e d as " u n d e r u t i l i z e d " i n each major j o b c l a s s i f i c a t i o n i n r e a s o n a b l e r e l a t i o n t o t h e o v e r a l l l a b o r f o r c e p a r t i c i p a t i o n o f such group. T h i s g o a l may be m o d i f i e d t o t h e extent t h a t you c a n prove t h a t v a l i d j o b - r e l a t e d s e l e c t i o n standards reduce t h e percentage o f a p a r t i c u l a r group q u a l i f i e d f o r a p a r t i c u l a r j o b c l a s s i f i c a t i o n . Long-range g o a l s should n o t be r i g i d and unchangeable. They cannot be based upon exact p r e d i c t a b l e s t a t i s t i c s . F o r example, s t u d i e s i n d i c a t e t h a t many q u a l i f i e d women not i n t h e p r e s e n t l a b o r f o r c e c o u l d become " a v a i l a b l e " i f j o b o p p o r t u n i t i e s were open t o them. S i m i l a r l y , many members o f m i n o r i t y groups now i n the w o r k f o r c e c o u l d become " q u a l i f i e d " i f b e t t e r j o b s and ^ o p p o r t u n i t i e s f o r t r a i n i n g and promotion become open t o them. O b v i o u s l y a f f i r m a t i v e a c t i o n programs a r e not designed p r i m a r i l y to f i n d t h e "best p e r s o n f o r each j o b , ' b u t t o f i l l  i n the " u n d e r u t i l -  i z a t i o n " gaps i n the work f o r c e w i t h m i n o r i t i e s and women who meet s e l e c t i o n standards which " r e f l e c t a c t u a l j o b needs."  Nevertheless,  t h e r e i s some allowance f o r s e l e c t i n g t h e b e s t q u a l i f i e d person among the q u a l i f i e d m i n o r i t y  and women a p p l i c a n t s .  123  Affirmative  a c t i o n programs make a r m o d i f i e d v e r s i o n of  Bernard W i l l i a m s ' assumption t h a t i f women and m i n o r i t i e s were not at a d i s a d v a n t a g e ,  then the a l l o c a t i o n of goods to them would be  p r o p o r t i o n a t e to t h e i r presence  i n the p o p u l a t i o n .  They assume  t h a t i f women and m i n o r i t i e s were hot b e i n g d i s c r i m i n a t e d  against,  the p r o p o r t i o n of them employed i n any job c l a s s i f i c a t i o n would a p p r o x i m a t e l y e q u a l the p r o p o r t i o n of them i n the o v e r a l l work f o r c e of country.  As I p o i n t e d out i n c r i t i c i z i n g W i l l i a m s , t h i s  may be f a l s e . which r e f l e c t s represent  A percentage  of women i n a p a r t i c u l a r j o b  t h e i r percentage  the  assumption classification  of the o v e r a l l work f o r c e may  a gross u n d e r u t i l i z a t i o n of the s k i l l s and t r a i n i n g o f  women, or of the s k i l l s and t r a i n i n g o f men. So a f f i r m a t i v e  a c t i o n has s e r i o u s drawbacks.  defended as a means of compensating for  It  is  sometimes  the c l a s s e s of women and m i n o r i t i e s  t h e i r l o n g h i s t o r i e s of i n f e r i o r o p p o r t u n i t i e s and d i s c r i m i n a t i o n  against  them.  I do not b e l i e v e  today f o r the i n j u s t i c e s  t h a t l i v i n g women can be  or unhappiness  suffered  by t h e i r  And g i v i n g women who have been put under d i s a d v a n t a g e s by e d u c a t i o n and u p b r i n g i n g e x c e l l e n t  chances  now i s a b e t t e r compensation than g i v i n g  compensated foremothers. their  to improve t h e i r  education  them j o b s t h a t o t h e r  people  are more q u a l i f i e d to perform - b e t t e r f o r the i n d i v i d u a l women and better for society having s u f f e r e d lifetimes  as a whole.  disadvantages i s  to end p r e j u d i c e  P r o b a b l y the b e s t compensation to see measures  for  taken i n our own  and improve the e d u c a t i o n of  girls.  124  Affirmative action i s better defended as an interim measure u n t i l prejudice i s eliminated from society. . It seems better than the f u t i l i t y of trying to enforce anti-discrimination laws case-by-case, and not nearly so good as l i v i n g without prejudice.  Probably the  fact of having minorities and women functioning i n most jobs would contribute to ending prejudice against them, and these people would provide models for children who of low hopes and  expectations.  now  labour under the disadvantage  125  From the Guidebook:  AFFIRMATIVE  ACTION = RESULTS  The most important measure of an A f f i r m a t i v e A c t i o n Program i s i"ts RESULTS. Extensive e f f o r t s to develop procedures, analyses, data c o l l e c t i o n systems, report forms and f i n e w r i t t e n p o l i c y statements are meaningless unless the end product w i l l be measurable, yearly improvement i n h i r i n g , t r a i n i n g and promotion of m i n o r i t i e s and females i n a l l parts of your organization. Just as the success of a company program to increase sales i s evaluated i n terms of a c t u a l increases i n s a l e s , the only r e a l i s t i c basis f o r evaluating a program to increase opportunity f o r m i n o r i t i e s and females i s i t s a c t u a l impact upon these persons. The essence of your A f f i r m a t i v e A c t i o n Program should  be:  * E s t a b l i s h strong company p o l i c y and commitment. * Assign r e s p o n s i b i l i t y and a u t h o r i t y f o r program to top company official. * Analyze present work force to i d e n t i f y jobs, departments and u n i t s where m i n o r i t i e s and females are u n d e r u t i l i z e d . * Set s p e c i f i c , measurable, a t t a i n a b l e h i r i n g and promotion goals, with target dates, i n each area of u n d e r u t i l i z a t i o n . * Make every manager and supervisor responsible and accountable for helping to meet these goals. * Re-evaluate job d e s c r i p t i o n s and h i r i n g c r i t e r i a to assure that they r e f l e c t a c t u a l job needs. * Find m i n o r i t i e s and females who to f i l l goals.  q u a l i f y or can become q u a l i f i e d  * Review and r e v i s e a l l employment procedures to assure that they do not have d i s c r i m i n a t o r y e f f e c t and that they help a t t a i n goals. * Focus on g e t t i n g m i n o r i t i e s and females i n t o upward m o b i l i t y and relevant t r a i n i n g p i p e l i n e s where they have not had previous access. * Develop systems to monitor and measure progress r e g u l a r l y . If r e s u l t s are not s a t i s f a c t o r y to meet goals, f i n d out why, and make necessary changes.  126  CHAPTER 3  1  In an a n a l y s i s of the 1969-70 e d i t i o n of Canada Careers D i r e c t o r y f o r U n i v e r s i t y Graduates, the Federal Women's Bureau found t h a t , of the 3,268 vacancies l i s t e d by banks, insurance companies, pharmaceutical and chemical firms and manufacturers of soap and detergents, 2,024 p o s i t i o n s were open only to men. From the Report of the Royal Commission on the Status of Women i n Canada, op. c i t . , p. 91, paragraph 304.  2 The employer may not have prejudged a l l women. He/she may base h i s / her p r e j u d i c e on an experience of one or two i n e f f i c i e n t women. 3 I accept the i n t e r p r e t a t i o n of C h r i s t i n e P i e r c e i n her a r t i c l e " E q u a l i t y : Republic V," The Monist, Vol. 57, 1973, pp. 1-11. 4 M i l l , The Subjection of Women, op. c i t . , pp. 51 and 52. 5 This i s a frequently-given j u s t i f i c a t i o n f o r t h i s type of sex d i s crimination. Of course i f the employer were r e a l l y concerned about the neediness of the applicants he/she could i n q u i r e d i r e c t l y i n t o i t and give the jobs t o a c t u a l heads of f a m i l i e s , heads of the l a r g e s t f a m i l i e s , etc. 6 C e r t a i n l y i t would do no.-harm to impose t h i s assumption on the p r i v a t e sector too, since i t i s to the employer's advantage. Thus a n t i d i s c r i m i n a t i o n laws seem to enforce the i d e a l competitive s e l e c t i o n mechanisms of c a p i t a l i s m . 7 The Human Rights Code of B.C. allows f o r sex as a q u a l i f i c a t i o n when i t r e l a t e s t o "the maintenance of p u b l i c decency." The E.E.O.C. of the U.S. has a small category of jobs i n which sex i s a " bona f i d e occupational q u a l i f i c a t i o n , "e.g. modelling and a c t i n g are included, and a l l other jobs must be open to both sexes. 8 These standards have long been lower f o r women than f o r men. "Wanted: A t t r a c t i v e , pleasant young woman ... " was, u n t i l very r e c e n t l y , a common wording f o r newspaper advertisements.  127  CHAPTER 3  9' Recently the s p e c i f i c i t y of such t e s t s has been i n s i s t e d upon by those who oppose the use of I.Q. or "general i n t e l l i g e n c e " t e s t s f o r screening a p p l i c a n t s , because these l a t t e r tests can be used to screen out people who are not f u l l p a r t i c i p a n t s i n the dominant c u l t u r e but who would be capable of doing the job w e l l . Hence the United States E.E.O.C. and Supreme Court guidelines r e f e r r e d to i n the s e c t i o n on correlated t r a i t s . 10 M i l l , The Subjection of Women, op. c i t . , p. 19. 11  12  In 1972-73, 922 women were i n these categories and 48 men. From A Report on the Status of Women at the U n i v e r s i t y of B r i t i s h Columbia, Vancouver, B.C., 1973, pp. 48 and 49. I b i d . , p. 49.  13  F i d e l l , L.S., " E m p i r i c a l V e r i f i c a t i o n of Sex D i s c r i m i n a t i o n i n H i r i n g P r a c t i c e s i n Psychology," American Psychologist^ V o l . 25, 1970, pp. 1094-1098. 14 I b i d . , p. 1096 15  16  Data on t h i s and references are provided on page 1094 of F i d e l l ' s article. A f f i r m a t i v e A c t i o n and Equal Employment, A Guidebook f o r Employers, U.S. Equal Employment Opportunity Commission, Washington, D.C, 1974, pp. 26 and 27.  128 Chapter 4 DIFFICULTIES  In the preceding  two chapters I showed that both the correct way  to i n t e r p r e t the u t i l i t a r i a n i d e a l of equal employment opportunity, f o r anyone who hopes to improve the relat-tions between the sexes by i t , and the correct way to i n t e r p r e t J.S. M i l l ' s goal of opening a l l employments equally to women and to men, require us to give boys and g i r l s 'the same e a r l y education'  and to remove sex prejudice from our s o c i e t y .  In t h i s chapter I w i l l show that g i v i n g boys and g i r l s 'the same e a r l y education' before sex prejudice has been eradicated would jeopardize many of the s p e c i a l contributions to human l i f e h i t h e r t o made by women. This danger would, I think, be unacceptable to M i l l . Let us s t a r t by reviewing the steps that I have c a l l e d g i v i n g boys and g i r l s 'the same e a r l y  education':  a) Males and females must be given the same (or equally good) conditions f o r developing b a s i c s k i l l s and knowledge. b) Males and females must be given the same information about what r o l e s and jobs are a v a i l a b l e t o them. c) Males and females must be given the same (or equally good) means of acquiring whatever s p e c i a l s k i l l s and knowledge are necessary to the professions. d) Males and females must be given the same (or equally good) v  conditions f o r p h y s i c a l development.  129  e) M a l e s a n d f e m a l e s m u s t b e t r e a t e d t h e i r p s y c h o l o g i c a l development; more t h a n t h e o t h e r traits  t h e same i n t h e m a t t e r o f  i . e . n e i t h e r sex should  be i n f l u e n c e d  t o develop o r n o t to develop p a r t i c u l a r  psychological  or desires.  S t e p s b and e w i l l be most i m p o r t a n t t o t h e arguments o f t h i s Our not  w a n t i n g t o g i v e boys and g i r l s  imply  t h a t we h a d g i v e n  chapter.  ' t h e same e a r l y e d u c a t i o n '  up o u r s e x p r e j u d i c e s .  I t i s easy t o imagine  a s o c i e t y o f p e o p l e who r e m a i n s k e p t i c a l a b o u t m o s t f e m a l e s ' t o c o m p e t e w i t h m a l e s a n d who c o n t i n u e  abilities  t o u n d e r v a l u e t h e a c t i v i t i e s and  a c h i e v e m e n t s o f women, b u t who h a v e b e e n convince4 t h a t g i r l s have e q u a l o p p o r t u n i t i e s w i t h boys t o enter male p r o f e s s i o n s not  t o be h a n d i c a p p e d i n t h e c o m p e t i t i o n  different upbringing being  they g e t .  such a s o c i e t y .  ought t o and ought  f o r power and p r e s t i g e by t h e  I b e l i e v e Canadian s o c i e t y i s close t o  T h e r e i s much m o r e w i l l i n g n e s s h e r e t o e l i m i n a t e  "sexism" from schools  than t o acknowledge that i t i sn o t shameful f o r a  man t o b e a homemaker o r t h a t s e c r e t a r i e s a r e u n d e r p a i d f o r t h e i r tribution  without eradicating a l l sex prejudice. campaign d u r i n g  ' t h e same e a r l y  same o p p o r t u n i t i e s  t h a t b o y s and g i r l s  f o r "success."  the  re-educatisph  (as  f a r as p o s s i b l e )  should  that by  convincing  b e b r o u g h t up w i t h t h e  T h a t s o r t o f t h i n g on a l a r g e r s c a l e -  o f p a r e n t s and t e a c h e r s t h e same - p l u s  education'  T h e "Why Not'??" a d v e r t i s i n g  I n t e r n a t i o n a l Women's Y e a r s o u g h t t o Uo  and t e a c h e r s  curriculum  con-  to business.  Furthermore i t i s p o s s i b l e t o b r i n g about  parents  would  t o t r e a t male and female  reform of school  children  t e x t b o o k s and  a n d p e r h a p s t h e i n t r o d u c t i o n o f some p s y c h o l o g i c a l  techniques  130  designed to counteract u n i n t e n t i o n a l d i f f e r e n t treatment could, i n time, accomplish 'the same e a r l y education." Let us suppose that we can give boys and g i r l s 'the same early education' and that we want to.  I d e a l l y our f u r t h e r decisions about  how to educate our c h i l d r e n are motivated by one concern - t h e i r greatest future happiness - i n d i v i d u a l l y and c o l l e c t i v e l y .  The f u t u r e needs of  s o c i e t y f o r people trained and educated f o r the occupations we value or deem necessary should determine our general educational p o l i c y .  Concern  f o r t h e i r future happiness should guide our a p p l i c a t i o n of t h i s p o l i c y to i n d i v i d u a l s .  But we are not now looking at the i d e a l s i t u a t i o n .  Insofar as sex prejudice e x i s t s i n our s o c i e t y i t i s bound to a f f e c t our decisions about education.  I r e f e r here to the k i n d of sex prejudice  that consists of the a t t i t u d e that the a c t i v i t i e s and achievements of women are l e s s valuable than those of men, whatever those a c t i v i t i e s and achievements may be (see Chapter 3, page 11$) .  I n the rest of t h i s  chapter I w i l l examine the probable consequences of t r y i n g to b r i n g about 'the same e a r l y education' before sex prejudice i s eliminated from society. What are these a c t i v i t i e s and achievements of women that sex prej u d i c e causes us t o undervalue ?,  At present the a c t i v i t i e s and achieve-  ments of most women have the theme of helping other people.  Most women  work e i t h e r as a s s i s t a n t s t o men or i n one of the 'helping occupations.' S e c r e t a r i e s , t y p i s t s , stenographers and r e c e p t i o n i s t s are p r i m a r i l y a s s i s t a n t s to men.  Domestic work, nursing (which i s mostly an a s s i s t i n g  job too) and elementary teaching are the 'helping occupations' f i l l e d  131  almost e x c l u s i v e l y by women; but of course many women work i n 'helping occupations! which a l s o employ considerable numbers of men, e.g. i n restaurant s e r v i c e , r e t a i l s a l e s , and s o c i a l work.  According to Labour  Canada",*^ i n 1974 the occupational categories which employed the most women who worked outside t h e i r homes were: at 18.0%;  Sales at 10.1%;  C l e r i c a l at 35.4%;  Service  Medicine and Health a t 9.2% (an estimated  84.3% of whom were i n nursing, therapy and r e l a t e d a s s i s t i n g occupations based on 1971 Census of Canada f i g u r e s ) ;  and Teaching at 7.0%.  Women  were 72.9% of the people employed i n C l e r i c a l occupations, 73.9% of those employed i n Medicine and Health, and 55.7% of those i n Teaching. Homemaking i s probably the paradigm helping occupation.  Homemakers  t y p i c a l l y keep the house clea.m, plan and prepare the family's meals, buy and maintain the family's c l o t h i n g , and (most important) care f o r and to a great extent educate young c h i l d r e n .  They often manage the  family's s o c i a l l i f e , provide t r a n s p o r t a t i o n , tend a garden, look a f t e r the h e a l t h o f husband and c h i l d r e n , and provide emotional support and encouragement t o family members.  Labour Canada reports that approx-  imately 47.3% of Canadian women over 14 were f u l l - t i m e homemakers i n 2 1974.  The Royal Commission Report on the Status of Women i n Canada 3  (1969)  c i t e s two studies that found a f u l l - t i m e homemaker works d a i l y  anywhere from s i x hours when there are no c h i l d r e n up to eleven hours when there are two or more c h i l d r e n .  Women who work outside t h e i r  homes often perform the tasks of homemaker f o r t h e i r f a m i l i e s as w e l l ; both studies found that they work about four hours d a i l y a t home. These occupations which the most women engage i n tend (with the  132  p o s s i b l e exception of elementary p r e s t i g e and low-paying.  teaching and s o c i a l work) to be low-  This i s e s p e c i a l l y remarkable when we conside  how important the tasks they i n v o l v e are to the f u n c t i o n i n g of business and to almost everyone's s u r v i v a l and well-being. case of homemaking alone. occupation.  Let us consider the  Homemaking i s an e s p e c i a l l y low-status  Most men would not consider making i t the f u l l - t i m e work  of even a few years, much l e s s of a l i f e t i m e .  I t r a r e l y counts as  work experience when women apply f o r jobs outside the home, even when those jobs involve s i m i l a r tasks.  Yet the tasks of a homemaker are  indispensable t o most adults and v i t a l to a l l c h i l d r e n . I think we can conclude from what M i l l s a i d about homemaking i n The Subjection of Women that he thought i t was one of the 'honourable employments.' I f , i n a d d i t i o n to the p h y s i c a l s u f f e r i n g of bearing c h i l d r e n , and the whole r e s p o n s i b i l i t y of t h e i r care and education i n e a r l y years, the wife undertakes the c a r e f u l and economic a p p l i c a t i o n of the husband's earnings to the general comfort of the family; she takes not only her f a i r share, but u s u a l l y the l a r g e r share, of the b o d i l y and mental e x e r t i o n required by t h e i r j o i n t existence. 4  But homemaking d i f f e r s from other 'honourable employments' i n a number of important ways.  The person employed does not receive any payment fo  her work that i s her own to spend, but remains f i n a n c i a l l y dependent on her husband, who i n a sense receives payment f o r both of them.  Thus  the homemaker's economic s e c u r i t y and working conditions are determined p a r t l y by her husband's success i n working outside the home and p a r t l y by her r e l a t i o n s h i p with her husband.  I f she loses her husband, a  woman often f i n d s that she gets no f i n a n c i a l reward f o r performing the  133  same tasks welfare  f o r h e r c h i l d r e n as she d i d b e f o r e  or f i n d work o u t s i d e her home.  fringe benefits children,  and that she must l i v e on  Homemakers do n o t  as people do who work o u t s i d e the home.  receive If  there  the homemaker works l o n g hours and i s on c a l l 24 hours a day,  a l l y e a r round.  And although M i l l  thought  that a woman c o u l d have  power of e a r n i n g n e c e s s a r y  f o r her d i g n i t y  (see my Chapter 1)  a c t u a l l y e x e r c i s i n g i t , we know t h a t  great  without  e x t e n t t h i s i s not t r u e now.  society  are  few jobs  are a v a i l a b l e  and e q u a l i t y  the  i n marriage  I n our t e c h n o l o g i c a l l y  to a  advancing  f o r u n s k i l l e d w o r k e r s , and s k i l l s and  knowledge so r a p i d l y become o u t d a t e d t h a t even a h i g h l y - t r a i n e d woman can l o s e h e r a b i l i t y to f i n d work when she reamins at home f o r a few years.  But perhaps the g r e a t e s t d i f f e r e n c e  ' h o n o u r a b l e employments'  i s that  between homemaking and other  the homemaker's e m o t i o n a l l i f e  and h e r  o c c u p a t i o n are i n t e r t w i n e d i n a manner r a r e l y found i n o t h e r j o b s .  Most  of us must have some m i n i m a l l y f r i e n d l y r e l a t i o n s h i p w i t h those we work f o r and w i t h , b u t few of u s , b e s i d e s housewives, w i t h them.  also eat,  F o r the homemaker, almost a l l the i n g r e d i e n t s  happiness depend on the w e l l - b e i n g  o f a few people and her  p l a y and s l e e p of personal interactions  w i t h them. Of  course homemaking has i t s  advantages.  A homemaker may u s u a l l y  o r g a n i z e h e r own time and to some extent s e t her own standards achievement.  Many women r e c e i v e a g r e a t  d e a l of p l e a s u r e from watching  and h e l p i n g t h e i r c h i l d r e n grow (although most do a p p r e c i a t e o p p o r t u n i t y to get  of  away from the demands of c h i l d c a r e ) .  seem remarkable t h a t so many women choose t h i s  a regular  Still  occupation, often  it  does  without  134  r e a l l y t r y i n g to take up any o t h e r ,  i n the face  no s e t wages, f i n a n c i a l i n s e c u r i t y ,  l a c k of r e c o g n i t i o n on the  market,  low s t a t u s i n the community, 'absence  tendency ability  to d e p r i v e them o f t h e i r from t h e i r s t r o n g e s t  'power of e a r n i n g , '  f o r the phenomenon of  women v o l u n t a r i l y becoming f u l l - t i m e girls  influenced  homemakers,  encouraged  occupations  except f o r the t r a d i t i o n a l l y  mentioned. ference  Two k i n d s o f the m a j o r i t y  Much evidence the d i f f e r e n t  expectations  of b e h a v i o u r ,  'female  and e x p e r i e n c e s  occupations'  treatment we g i v e boys  and g i r l s  of them t h a t we e x p r e s s ,  the  F o r example,  G i v i n g boys  and g i r l s  s p e c i a l influences  -  different  rewards and r o l e - m o d e l s we g i v e  'female  that  occupations'  girls' is  created  the R o y a l Commission j l e p o r t t e l l s  of  which p o r t r a y women o n l y as homemakers o r  school teachers,  waitresses  as concerned o n l y w i t h the k i n d s of  If  have  involves.  encouragements,  s c h o o l textbooks  secretaries,  up ' f e m a l e  I  t h a t homemaking  t o choose homemaking and other  elementary  girls  is  and d i s c o u r a g e d from t a k i n g up other  o f the d i f f e r e n t  r a t h e r than n a t u r a l .  typists,  It  to expect to become  them - has been brought f o r t h to support the h y p o t h e s i s tendency  of  I t has a l s o been claimed that women have a n a t u r a l p r e -  f o r the a c t i v i t i e s  standards  its  insepar-  o r p a r t - t i m e homemakers.  are s y s t e m a t i c a l l y to do s o ,  and i t s  -  job  of f r i n g e b e n e f i t s ,  e m o t i o n a l attachments.  e x p l a n a t i o n have been o f f e r e d  claimed t h a t  of i t s ' d i s a d v a n t a g e s  tasks  and l i b r a r i a n s , and  these occupations  ' t h e same e a r l y e d u c a t i o n ' w i l l e l i m i n a t e  which we may now be u s i n g on g i r l s  to get  require.  any  them to  take  occupations.'  g i r l s do choose homemaking because  they are s p e c i a l l y  influenced  135  to do so and not because of a n a t u r a l preference f o r the a c t i v i t i e s  and  experiences i t i n v o l v e s , then g i r l s who get 'the same e a r l y education' as boys cannot be counted on to become homemakers. be f i l l e d ?  How w i l l those jobs  Given that sex prejudice leads many people to undervalue  t h i s occupation,.the tasks i t involves and the t r a i t s i t r e q u i r e s , i t i s u n l i k e l y that they w i l l want to influence a l l boys and g i r l s to aspire to homemaking and then open i t up to competition as a means of s o l v i n g t h i s problem.  (This i s what happens f o r instance, with the professions.  Most boys l e a r n to respect and aspire to them and competition prevents a l l but a few from reaching the goal.) Of course 'the same e a r l y education' does not require that we t r e a t everybody a l i k e .  So we could i n f l u e n c e some segment of the population  ( g i r l s and boys) t o pursue homemaking - presumably those who  are not  considered f i t f o r the more p r e s t i g i o u s and high-paying work or those who have t r a i t s which make them s p e c i a l l y s u i t e d to the job.  I t would  require n e a r l y a quarter of the boys and g i r l s to f i l l t h i s f u l l - t i m e occupation, not to mention part-time homemaking and the other 'female occupations.' willingly  I t i s not l i k e l y that a sex-prejudiced s o c i e t y would  set aside nearly h a l f i t s l i t t l e boys to be brought up to  become homemakers, nurses, s e c r e t a r i e s , etc.  Indeed the acknowledgement  that these occupations are very important and the w i l l i n g n e s s to d e l i b e r a t e l y steer h a l f the boys as w e l l as h a l f the g i r l s i n t o them would be strong evidence that sex-prejudice was disappearing.  I t i s more l i k e l y  that everyone - boys and g i r l s - would get e s s e n t i a l l y the same influences and encouragements that boys now get, and the l o s e r s of the competition  136  f o r p r e s t i g i o u s and high-paying jobs would get 'female jobs' and the low-status jobs that some men now have. As f o r M i l l ' s p o s i t i o n on t h i s problem, there i s no evidence that he thought men should be encouraged or influenced to take up the work of homemakers.  (The other 'female occupations,' except f o r domestic work,  were e i t h e r non-existent or q u i t e new at that time.)  On homemaking as  an occupation, M i l l says: L i k e a man when he chooses a p r o f e s s i o n , so, when a woman marries, i t may i n general be understood that she makes a choice of the management of a household, and the b r i n g i n g up of a f a m i l y , as the f i r s t c a l l upon her e x e r t i o n s , during as many years of her l i f e as may be required f o r the purpose; and that she renounces, not a l l other objects and occupations, but a l l which are not consistent w i t h the requirements of t h i s . ^ M i l l apparently d i d not a n t i c i p a t e the problem that concerns me here.  He d i d remark i n the f i r s t chapter of The Subjection of Women  that i f women were given a r e a l choice of occupations they could not be counted on to choose marriage i n the form of the despotism i t was at the time, and that i t would probably be necessary to make marriage ate t r a c t i v e to them by g i v i n g them equal r i g h t s with t h e i r husbands.  7  But there i s no h i n t that he had any other worries about the matter. For although he advocated subjecting a l l honourable occupations t o open competition, and he s a i d many things that i n d i c a t e he would have wanted boys and g i r l s to have 'the same e a r l y education' (see my Chapter 2 ) , and although he claimed that no one knew at that time what women's natures were, he s a i d : For i f the performance of the f u n c t i o n i s decided e i t h e r by competition, or by any mode of choice which secures regard to the  137  p u b l i c i n t e r e s t , there needs be no apprehension that anyimportant employments w i l l f a l l i n t o the hands of women i n f e r i o r to average men, or to the average of t h e i r male competitors. The only r e s u l t would be that there would be fewer women than men i n such employments; a r e s u l t c e r t a i n to happen i n any case, i f only from the preference always l i k e l y to be f e l t by the majority of women f o r the one vocation i n which there i s nobody to compete with them. 8  He c e r t a i n l y seems to have been confident that women would choose homemaking even i f they were not influenced as g i r l s to do so. i s due to the s p e c i a l circumstances  of the time he wrote:  Perhaps t h i s when known  intimate r e l a t i o n s w i t h men outside of marriage were out of the question for any woman who wanted respect, when marriage almost c e r t a i n l y produced c h i l d r e n quite soon, when most c h i l d r e n were e n t i r e l y brought up at home, and when housework was f o r many women so arduous as t o preclude any outside employment. who  I n short, i n M i l l ' s time f o r a woman to love a man  loved her was f o r her to embark on many years of f u l l - t i m e homemaking.  She need not have chosen i t as an occupation; other choices she made.  i t followed n a t u r a l l y from  And f o r a woman to choose not t o be a homemaker  was to choose the l i f e of a s p i n s t e r - often l o n e l y , unprotected, and probably  celibate.  The circumstances which v i r t u a l l y forced women i n t o homemaking then do not e x i s t now i n most of Canada and many other parts of the world. S t i l l women who want a l o n g - l a s t i n g sexual r e l a t i o n s h i p with a man and/or c h i l d r e n but not a career of homemaking f i n d that t h e i r wishes are thwarted by conditions not i n t h e i r c o n t r o l - p r i m a r i l y the expectations of most men that t h e i r mates w i l l take the r o l e of homemaker and the short supply of c h i l d c a r e f a c i l i t i e s .  But these conditions are f a r more  138  e a s i l y changed than the conditions that l i m i t e d V i c t o r i a n women.  If  boys and g i r l s were given 'the same e a r l y education,' men with the r i g h t expectations would not be hard to f i n d .  I f more women demanded c h i l d -  care f a c i l i t i e s rather than accepting the r o l e of homemaker they would have to be supplied; we must remember that women have a power now to get what they want that they d i d not have i n M i l l ' s time - a vote. Therefore we have no reason to be confident that women who have received 'the same e a r l y education' as men w i l l choose to become homemakers unless they have a n a t u r a l preference f o r the a c t i v i t i e s and experiences that occupation i n v o l v e s . Suppose women (and perhaps some men) do have n a t u r a l preferences f o r the a c t i v i t i e s and experiences that homemaking i n v o l v e s .  "Then  talented women w i l l take up homemaking as t h e i r f i r s t choice, provided that they r e t a i n these preferences a f t e r having had 'the same e a r l y education' as men.  But people are e a s i l y influenced to give up some  n a t u r a l preferences because of desires which c o n f l i c t w i t h them.  When  g i r l s are not exposed to any s p e c i a l influences that might encourage these preferences f o r homemaking a c t i v i t i e s and experiences they are l i k e l y t o be i n f l u e n c e d to give them up by the obvious disadvantages of homemaking as a career, i n c l u d i n g the f a c t that most people hold i t i n low esteem compared to other occupations.  Furthermore,  i f 'the same  e a r l y education' i s d i r e c t e d toward preparing boys and g i r l s f o r 'male occupations';' i t may repress g i r l s ' n a t u r a l preferences f o r homemaking r i g h t from the s t a r t by discouraging the development of those psychol o g i c a l t r a i t s which lead to the preferences.  (See page 1+7 f o r more on  139  this subject.)  Certainly i f  the p r e f e r e n c e s  f o r homemaking are n a t u r a l  to women they have a r a t h e r weak h o l d on them, f o r t h e r e are many women who do n o t now choose homemaking i n s p i t e o f a l l the encouragements  to  do so. Mill solve  c o u l d not r e l y on the h y p o t h e s i s  of n a t u r a l p r e f e r e n c e s  the problem of f i l l i n g women's o c c u p a t i o n s ,  s i n c e he so vehemently  assured us t h a t no one c o u l d know*for c e r t a i n what women's untouched by the i n f l u e n c e s  e x e r t e d on them at t h a t  I deny that anyone knows, o r can know, as l o n g as they have o n l y been seen i n one a n o t h e r . . . . •What i s now c a l l e d eminently a r t i f i c i a l t h i n g - the r e s u l t some d i r e c t i o n s , u n n a t u r a l s t i m u l a t i o n :  Both i n the case that women p r e s e n t l y influence  i n few t a l e n t e d  time, r e a l l y  and boys  they p r e s e n t l y make t h i s t h e r e i s a good  ' t h e same e a r l y e d u c a t i o n ' w i l l  and e n t h u s i a s t i c women choosing homemaking i n the  Sex p r e j u d i c e makes i t  l i k e l y that  t h i s and other  'female  result future.  occupations'  w i l l be f i l l e d by the l o s e r s o f the c o m p e t i t i o n f o r p r e s t i g i o u s paying  were.  the n a t u r e of the two s e x e s , t h e i r p r e s e n t r e l a t i o n to the n a t u r e o f women i s an of f o r c e d r e p r e s s i o n i n i n others.9  they are m o t i v a t e d by n a t u r a l p r e f e r e n c e s ,  chance t h a t g i v i n g g i r l s  natures,  choose homemaking because we  them to do so and i n the case that  c h o i c e because  to  and h i g h -  jobs.  M i l l would c o n s i d e r t h i s s t a t e of a f f a i r s  very u n f o r t u n a t e .  He  v a l u e d the tasks performed by the homemaker v e r y h i g h l y ,  and he b e l i e v e d  t h a t p e r f o r m i n g them w e l l r e q u i r e d s k i l l  (See page 74 of  The S u b j e c t i o n of Women.) a healthy  and d e v o t i o n .  C e r t a i n l y the t a s k o f p r o v i d i n g c h i l d r e n w i t h  e m o t i o n a l and m o r a l background upon which to b u i l d t h e i r  (as he d e s c r i b e d i t  i n the 1832  essay"^)  i s n o t one he would want  lives to  140  allocate jobs  to people who are s t u c k w i t h i t because  they r e a l l y wanted.  Mill,  is quite  fall  It  i s one t h i n g to l e t  for  ditch-digging  to those who would r a t h e r be doing something  another to l e t  the development  o f young c h i l d r e n ' s  and else;  characters  to them. I have mostly been t a l k i n g about the f a t e of homemaking.  same d i f f i c u l t i e s  t a l e n t e d boys as w e l l as g i r l s  l i k e homemaking, w i l l be f i l l e d by the l o s e r s  better  the pre-  Unless t h e i r s t a t u s and rewards are improved, or  u n l e s s we are w i l l i n g t o s t e e r they,  But  a r i s e f o r the other o c c u p a t i o n s which are f i l l e d  dominantly by women.  i n t o them,  of competition  for  jobs.  At t h i s p o i n t l e t so f a r .  It  us c o n s i d e r a p o s s i b l e  i s frequently  some of the other anyone, b u t t h a t If  the  And on t h i s p o i n t I t h i n k we must s i d e w i t h  of homemaking.  garbage c o l l e c t i n g  fall  c o u l d not get  even i f we t h i n k he exaggerates the s k i l l and d e v o t i o n needed  the o t h e r tasks  it  they  'female  they  education'  Our d i f f i c u l t i e s  everyone.  a r e to be e n t h u s i a s t i c a l l y  In o t h e r words,  entered take  t h e i r v a l u e would have  as a whole and r e f l e c t e d  we are to g i v e a l l c h i l d r e n .  tion i n sex-prejudice,  for  then everyone w i l l have t o be encouraged to  them on and t r a i n e d f o r them. be r e c o g n i z e d by s o c i e t y  s h o u l d not be f u l l - t i m e j o b s  i n v o l v e s h o u l d be s h a r e d by  the more demanding o f these tasks  i n t o and w e l l - p e r f o r m e d ,  difficulties  suggested that homemaking i n p a r t i c u l a r and occupations'  the tasks  s o l u t i o n to our  i n 'the  to  same e a r l y  T h i s amounts to a major  reduc-  and we are back t o the same o l d problem. are i n c r e a s e d i f  have done r e q u i r e s p s y c h o l o g i c a l  the work that women t r a d i t i o n a l l y  t r a i t s which w i l l tend to be l o s t  i f we  141  give g i r l s  and boys 'the same e a r l y e d u c a t i o n . '  L e t us t u r n now t o t h e  p r o b a b l e e f f e c t o f 'the same e a r l y e d u c a t i o n , ' combined w i t h sex p r e j u d i c e , on the development o f p s y c h o l o g i c a l t r a i t s . There do seem t o be p s y c h o l o g i c a l t r a i t s more o f t e n o r t o a g r e a t e r degree female p s y c h o l o g i c a l t r a i t s . mentioned  'nervous  changeable exaggerated  than men.  t h a t women tend t o have I s h a l l c a l l them the  Of those he n o t i c e d i n h i s time,  Mill  s u s c e p t i b i l i t y , ' which makes t h e i r minds m o b i l e ,  and s u s c e p t i b l e t o an u n u s u a l l y h i g h degree self-sacrifice;  conformism;  little  o f excitement;  ambition f o r fame;  a  narrow sphere o f concern, l i m i t e d to the w e l f a r e o f t h e i r f a m i l i e s ;  and  a c a p a c i t y f o r r a p i d and c o r r e c t i n s i g h t i n t o p r e s e n t f a c t which makes them good a t p r a c t i c a l t h i n k i n g .  I t h i n k h i s o b s e r v a t i o n s apply t o  women today, b u t I would add t o h i s l i s t :  t h e 'maternal' t r a i t s -  t e n d e r n e s s , s u p p o r t i v e n e s s , a d e s i r e t o n u r t u r e and h e l p the weak and helpless;  sympathy w i t h s u f f e r i n g ;  t a t i o n s f o r success; to  express sadness,  gentleness;  fear of success;  timidity;  low expec-  s e l f - c o n s c i o u s n e s s ; a tendency  tenderness and f e a r ;  and a tendency n o t t o express  anger and a g g r e s s i o n . Some o f the female t r a i t s  a r e r e q u i r e d by the work women u s u a l l y do.  Proper c a r i n g f o r and t e a c h i n g young c h i l d r e n and good n u r s i n g r e q u i r e the 'maternal' t r a i t s ,  g e n t l e n e s s , sympathy and some  self-sacrifice.  P r a c t i c a l r a t h e r than a b s t r a c t t h i n k i n g i s n e c e s s a r y t o the homemaker, s e c r e t a r y and nurse when they a r e a c t u a l l y working, e x c l u d e a b s t r a c t t h i n k i n g a t o t h e r times. some p e o p l e have these t r a i t s .  although i t need n o t  Clearly i t i s desirable  Perhaps i t i s even more d e s i r a b l e  that that  142  everyone have them to some degree o r some o f the t i m e .  Iri The S u b j e c t i o n  of Women, M i l l expressed a d m i r a t i o n f o r women's s e l f l e s s n e s s  ( i n moder-  12 ation)  and t h e i r p r a c t i c a l t h i n k i n g .  Others of the female t r a i t s have some u s e f u l n e s s of women's work but are not n e c e s s a r y f o r i t .  f o r the performance  Conformism makes  the  homemaker a good s o c i a l i z e r of c h i l d r e n , but so would a l i v e l y concern for  the good of s o c i e t y ;  Self-sacrifice,  and the l a t t e r  i s a more d e s i r a b l e  l a c k of a m b i t i o n f o r fame,  and f e a r of success render them l e s s  low e x p e c t a t i o n s  trait. for  success  a l l enable women t o be content i n t h e i r jobs and  competitive  than men;  t h i s makes women b e t t e r a s s i s t a n t s , .  s i n c e they do not want to take command, and i t u s u a l l y h e l p s t o make home a haven from the h a r s h , c o m p e t i t i v e w o r l d of b u s i n e s s . t h a t some people have t e n d e n c i e s to s e l f - s a c r i f i c e  It  and to  is  desirable  contentment  (as opposed to ambition) and w i l l i n g n e s s to f o l l o w r a t h e r than l e a d ; and perhaps i t  i s d e s i r a b l e t h a t we a l l have these t r a i t s  or some of the t i m e . assistants  At l e a s t  some people are going t o have to be  some of the t i m e , and l i f e would be unbearable i f we had no  r e s p i t e from c o m p e t i t i o n .  It  i s not d e s i r a b l e , I t h i n k , that  have lower than r e a l i s t i c e x p e c t a t i o n s nor i s  it  i n some degree  f o r success or f e a r of  anyone success,  necessary.  Finally,  some of the female p s y c h o l o g i c a l t r a i t s ,  have s h o r t - t e r m b e n e f i t s  (especially  l o n g term to women's achievements.  a l t h o u g h they may  f o r men) do not c o n t r i b u t e i n the ;  Among these I would p l a c e  self-  consciousness,  t i m i d i t y , t h e i r narrow sphere o f c o n c e r n , and the  h o t to express  anger and a g g r e s s i o n  tendency  13 - none o f which b e n e f i t  humanity  143  enough that they ought to be preserved.  Their tendency t o express  sadness and fear when they are f e l t does not, I think, contribute to women's achievements, but i t i s healthy and worthy of being encouraged i n everyone anyway.  M i l l expressed admiration f o r some of the feats of 14  strength that nervous s u s c e p t i b i l i t y enabled women to perform,  but i t i s  not c l e a r that i t makes an important c o n t r i b u t i o n to t h e i r usual work, and on the whole I think i t i s n e u t r a l . How do women come to have these female t r a i t s ?  There are three  p o s s i b l e explanations of the f a c t that women have a c e r t a i n p s y c h o l o g i c a l t r a i t more often or to a greater degree than men.  F i r s t , the t r a i t could  be n a t u r a l to women and not n a t u r a l or l e s s n a t u r a l t o men.  By t h i s I  mean that i n conditions that do not completely prevent i t s development and expression and do not encourage its-:;development and expression any more i n women than i n men, the t r a i t tends t o occur more often and to a greater degree i n women than i n men.  This might be the case i f , f o r  example, the presence of a p a r t i c u l a r balance of hormones were a necessary condition f o r the occurrence of the t r a i t .  Second, i t could be the case  that the t r a i t i s n a t u r a l to everybody ( i . e . occurs unless discouraged or prevented) and that boys' present education discourages or prevents i t s development w h i l e g i r l s ' present education allows or even encourages i t t o be developed and expressed. g i r l s more than i n boys.  Third, the t r a i t could be created i n  That i s , although human beings (obviously)  have the p o t e n t i a l to develop t h i s t r a i t , they would not do so except i n c e r t a i n s p e c i a l conditions which we put g i r l s i n and not boys.  If i t  i s a t r a i t that develops from behaviour that has i t s own rewards (e.g.  144  gentleness),  then we may be c u l t i v a t i n g  (see page 5*6 , Chapter 2). its  own rewards,  If  it  is  it  i n g i r l s and not i n boys  a trait  then we may be c r e a t i n g i t  that  does not tend to b r i n g  i n g i r l s by rewarding some  b e h a v i o u r and p u n i s h i n g o t h e r b e h a v i o u r , by a t t r i b u t i o n , or by any of the complex and o f t e n s u b t l e p r o c e s s e s by which we ( d e l i b e r a t e l y accidentally)  or  shape p e r s o n a l i t i e s .  What w i l l be the e f f e c t  o f g i v i n g boys and g i r l s  e d u c a t i o n ' . o n the female p s y c h o l o g i c a l t r a i t s  ' t h e same e a r l y  that" s h o u l d be p r e s e r v e d ?  T h i s w i l l depend p a r t l y on the n a t u r e o f  ' t h e same e a r l y e d u c a t i o n '  p a r t l y on the o r i g i n o f the t r a i t s .  a t r a i t i s n a t u r a l to women and  If  and  not n a t u r a l or l e s s n a t u r a l to men, then ' t h e same e a r l y e d u c a t i o n ' may not a f f e c t  the t r a i t ;  i t may s t i l l  education'  c o u l d , however,  i n c l u d i n g n a t u r a l female one,  then b o y s '  occur i n women.  p r e v e n t t h e development o f n a t u r a l t r a i t s ,  traits.  If  a female  trait  present education i s repressing i t ,  same e d u c a t i o n t h a t boys now have w i l l r e p r e s s i t female  trait  on g i r l s , up  is  'The same e a r l y  i s n a t u r a l to  and g i v i n g g i r l s  i n g i r l s too.  c r e a t e d i n g i r l s and not i n boys by s p e c i a l  then e i t h e r we must c r e a t e i t  every-  If  the a  influences  i n b o t h boys and g i r l s o r g i v e  it  altogether. John S t u a r t M i l l was aware of the problem o f p r e s e r v i n g women's  valuable psychological  t r a i t s w h i l e g i v i n g them the same e d u c a t i o n as men.  George Croom Robertson wrote him a l e t t e r about i t .  i n which he expressed h i s concern  He s a i d :  Upon the argument of Ch. 3, that women as they are b e s t c o r r e c t what i s e x c e s s i v e , & b e s t apply what i s good, i n the s p e c u l a t i o n of men, might not an opponent argue, t h a t i t would be a p i t y thus to d e s t r o y  145  t h i s balance of the mutual forces ? I f women f u l f i l so important a function because, being not t r a i n e d as men, they are what they are, would they not, i f t r a i n e d as men (which i s the object of the argument), f a l l i n t o the errors of men & a l l a l i k e , men and women, henceforth be uncontrolled ? ... I suspect that the only true way out of the d i f f i c u l t y i s to declare that i f men have needed help from women as women are, i t i s because they, the men, have not been properly t r a i n e d ; i s to a t t e s t , that, by throwing down the b a r r i e r s before women, i n a l l p r o b a b i l i t y the type of mental a c t i o n to which the one sex would henceforth not be debarred from approaching more than the other, would be a b e t t e r type than the favoured sex has h i t h e r t o sought or been able to a t t a i n to 15 M i l l does not seem to have solved i t i n ^ h i s own mind.  His reply to  Robertson i s f a r from adequate: The most important of your points i s the suggestion of a p o s s i b l e turning of what i s s a i d about the usefulness of the present feminine type as a c o r r e c t i v e to the present masculine, i n t o an argument f o r maintaining the two types d i s t i n c t by d i f f e r e n c e of t r a i n i n g . You have y o u r s e l f gone i n t o considerations of great importance i n answer to t h i s argument, a l l of which I f u l l y accept. I should add some others to them, as, f i r s t , i t i s not c e r t a i n that the differences spoken of are not p a r t l y at l e a s t n a t u r a l ones, which would subsist i n s p i t e of identity, of t r a i n i n g ; secondly the c o r r e c t i o n which the one type supplies to the excesses of the other i s very imperfectly obtained now owing t o the very circumstance that women's sphere & men's are kept so much apart. At present, saving fortunate except i o n s , women have rather shown the good influence of t h i s s o r t which they might e x e r c i s e over men, than a c t u a l l y exercised i t . 1 6 He agrees with Robertson's dubious assumption that women trained as men would have the best of both the female and the male c h a r a c t e r i s t i c s of mental a c t i v i t y rather than simply l o s i n g the female ones. them o f f e r s a reason f o r b e l i e v i n g t h i s .  Neither of  As f o r M i l l ' s own suggestions:  He i s not e n t i t l e d to be consoled by the p o s s i b i l i t y that the differences are n a t u r a l ;  and the f a c t that women d i d not have much influence on men  at the time surely does not counterbalance the p o s s i b i l i t y that they would cease to have any at a l l ! The same problem that concerned Robertson i s part of what troubled  146  Sigmund Freud about The Subjection of Women.  I n the now infamous l e t t e r  to h i s fiancee about M i l l ' s book, Freud says: :. I t seems a completely u n r e a l i s t i c notion to send women i n t o the struggle f o r existence i n the same way as men. Am I to think of my d e l i c a t e , sweet g i r l as a competitor ? A f t e r a l l , the encounter could only end by my t e l l i n g her, as I d i d seventeen months ago, that I love her, and that I w i l l make every e f f o r t to get her out of the competitive r o l e i n t o the quiet, undisturbed a c t i v i t y of my home. I t i s p o s s i b l e that a d i f f e r e n t education could suppress' a l l women's d e l i c a t e q u a l i t i e s - which are so much i n need of p r o t e c t i o n yet so powerful - w i t h the r e s u l t that they could earn t h e i r l i v i n g l i k e men. I t i s also p o s s i b l e that i n t h i s case i t would not be j u s t i f i a b l e to deplore the disappearance of the most l o v e l y thing the world has to o f f e r us: our i d e a l of womanhood. But I b e l i e v e that a l l reforming a c t i v i t y , l e g i s l a t i o n and education, w i l l founder on the f a c t that long before the age at which a prof e s s i o n can be e s t a b l i s h e d i n our s o c i e t y , nature w i l l have appointed woman by her beauty, charm, and goodness, t o do something else.17 Are a l l these worries j u s t i f i e d ?  Aside from meeting the conditions  by which i t i s defined, what w i l l 'the same e a r l y education' be l i k e ? W i l l g i r l s be educated the way boys are now ? more the way g i r l s are now ?  W i l l boys be educated  W i l l both be educated i n the best way to  prepare them f o r a l l the jobs that need doing ?  Freud, Robertson, and  to some extent M i l l ( i n h i s reply to Robertson) assumed that g i r l s would be educated the way boys were being educated at the time. reason forrrmaking t h i s assumption.  There i s good  Sex prejudice - the undervaluing of  the a c t i v i t i e s and achievements of women - makes i t very l i k e l y that people w i l l not want to educate boys the way g i r l s are educated or prepare boys f o r 'female occupations,' and that 'the same e a r l y education' w i l l be e s s e n t i a l l y boys' education applied to both sexes.  This i s v i r -  t u a l l y guaranteed i f people b e l i e v e , as Freud d i d , that g i r l s ' upbringing and preparation f o r the usual occupations of women renders them incapable  147  of f u n c t i o n i n g i n the c o m p e t i t i v e w o r l d o u t s i d e the home and of succeeding  i n the  Given t h a t i.e.  that  'the  occupations.'  same e a r l y e d u c a t i o n ' w i l l be l i k e b o y s '  education  i t w i l l be d i r e c t e d towards p r e p a r i n g boys and g i r l s f o r  occupations' If  'male  - how w i l l i t  any of the t r a i t s  affect  are n a t u r a l to women and not n a t u r a l or  c o u l d c o n t i n u e to occur i n women p r o v i d e d t h a t  less  t h e i r e d u c a t i o n d i d not  for  girls  too might d i s c o u r a g e or p r e v e n t  t o have these t r a i t s  ment of some female t o be a g g r e s s i v e ,  traits.  'male o c c u p a t i o n s . ' .  Thus i f g i r l s ,  ambitious, competitive  u n l i k e l y to develop s u f f i c i e n t l y  them,  t h a t we i n f l u e n c e boys t o have i n o r d e r  to make them more s u i t a b l e  even i f  they  There i s no p a r t i c u l a r r e a s o n why i t would r e p r e s s  u n l e s s they c o n f l i c t w i t h t r a i t s  gentleness,  'male  the female p s y c h o l o g i c a l t r a i t s ?  n a t u r a l to men, as M i l l suggested i n h i s r e p l y to R o b e r t s o n , then  r e p r e s s them.  -  Then i n f l u e n c i n g the  l i k e b o y s , were  develop-  encouraged  and u n e m o t i o n a l , they might be  strong tendencies  toward  self-sacrifice,  and t a k i n g care o f o t h e r s to become homemakers or n u r s e s ,  those t e n d e n c i e s  i s not to say t h a t  are more n a t u r a l to them than to boys.  they would never have s e l f l e s s ,  or u n c o m p e t i t i v e moments, b u t o n l y t h a t  gentle,  That  emotional  those t r a i t s would n o t p r e -  dominate i n t h e i r p e r s o n a l i t i e s as they o f t e n do now and perhaps not be sufficient  to cause them to be a t t r a c t e d  be v e r y good a t the tasks So even i f  the female  they  to the h e l p i n g o c c u p a t i o n s  or  to  involve.  t r a i t s we want to p r e s e r v e are n a t u r a l to  women and not to men, t h e r e i s . s t i l l a r i s k of l o s i n g them or d i m i n i s h i n g them i f we g i v e g i r l s and boys  ' t h e same e a r l y e d u c a t i o n . '  I n any  case,  148  as we have s e e n , M i l l logical traits  cannot use the c l a i m t h a t  the v a l u a b l e  female  psycho-  are n a t u r a l to women to get us out of t h i s or any o t h e r  problem. If  any o f the t r a i t s  i n q u e s t i o n are n a t u r a l to everyone,  then b o y s '  p r e s e n t e d u c a t i o n i s r e p r e s s i n g them, and g i v i n g g i r l s t h e same e d u c a t i o n as boys now have w i l l r e p r e s s them i n g i r l s t o o . dency to express  F o r example,  sadness by c r y i n g i s something t h a t  have as much as l i t t l e  girls until  l i t t l e boys seem to  is  f o r success  therefore  i n f l u e n c e boys and g i r l s n o t to c r y by way o f g i v i n g  everyone If  'male o c c u p a t i o n s , '  it  necessary  Suppose the  presently  and t h a t we s h o u l d  'maternal' t r a i t s  them  'the  are n a t u r a l to  ! any of  but c r e a t e d ,  the v a l u a b l e female p s y c h o l o g i c a l t r a i t s  then we w i l l  i n boys t o o . •  lose  ' t h e same e a r l y e d u c a t i o n '  to g i r l s  early education'  do n o t  t h a t we do not apply to boys.  v a l u a b l e female p s y c h o l o g i c a l t r a i t s 'thessame  are not n a t u r a l  them u n l e s s we are w i l l i n g t o c r e a t e  The c o n d i t i o n s o f  us to a p p l y any i n f l u e n c e  girls  Girls  T h i s i s not a p a r t i c u l a r l y  d e s i r a b l e r e p r e s s i o n , but a good case c o u l d be made t h a t  same e a r l y e d u c a t i o n . '  ten-  the boys are taught n o t to c r y .  c o u l d e a s i l y be taught n o t to cry t o o .  i n most  the  are e n t i r e l y  them allow If  c r e a t e d and we g i v e  as we now g i v e b o y s , we w i l l  lose  those  traits. Perhaps we exaggerate the danger o f l o s i n g v a l u a b l e female when we assume that education.  traits  ' t h e same e a r l y e d u c a t i o n ' would be l i k e b o y s '  Even sex p r e j u d i c e might a l l o w m o d i f i c a t i o n s  i n boys'  present present  e d u c a t i o n to e l i m i n a t e unnecessary r e p r e s s i v e measures o r to make i t more  149  adequate to the task of preparing people f o r the 'male  occupations.'  For example, though boys are now taught not to cry, t h i s p a r t i c u l a r repressive measure could be eliminated, since crying every once i n a while does not i n t e r f e r e with the performance of most jobs.  This step  would involve a b i g change i n people's a t t i t u d e s , because a man who c r i e s as often as women do, say, i s u s u a l l y regarded as unstable; not require that people give up t h e i r sex prejudices.  but i t would  Giving up  unnecessary repressive measures would allow the female t r a i t s which are n a t u r a l ( e i t h e r to women only or to both sexes) to emerge, provided  that  they d i d not c o n f l i c t w i t h t r a i t s which we consider necessary to the performance of 'male jobs' or to successful competition f o r them.  This  does not, of course, solve the problem of what happens to any of the female t r a i t s that are not n a t u r a l , since wevwould i n f l u e n c e people t o acquire only those t r a i t s which prepare them f o r 'male occupations' we gave up our sex prejudices.  unless  Perhaps some female t r a i t s might be  u s e f u l i n the male occupations - not as we conceive of these occupations now, but as they might be - but the recognition of t h i s p o s s i b i l i t y and the change i n the nature of the work would represent a major reduction i n sex prejudice. As I have pointed out before, g i v i n g boys and g i r l s 'the same e a r l y education' does not require us to t r e a t everyone a l i k e .  For instance,  we are not required to t r y t o prepare everyone to be s u c c e s s f u l f o r the most p r e s t i g i o u s and high-paying jobs.  competitors  So we could influence  each person to have those p s y c h o l o g i c a l t r a i t s which are most u s e f u l i n the work he/she i s best s u i t e d , by his/her t a l e n t s and preferences, to  150  perform.  ( I suggested t h i s p o l i c y before on pagefT^, Chapter 2.)  If  we were w i l l i n g to prepare boys as w e l l as g i r l s f o r the 'female occupations,' we could preserve the female t r a i t s by i n f l u e n c i n g people who were w e l l - s u i t e d to them to develop;those t r a i t s .  However, a large  part of what makes people s u i t a b l e f o r the 'female occupations' i s t h e i r female p s y c h o l o g i c a l t r a i t s .  I f these t r a i t s occur n a t u r a l l y i n some  people, and i f we do not repress them but allow them to develop, then we can steer such people i n t o female occupations and f u r t h e r influence them to acquire u s e f u l t r a i t s .  I f female psychological t r a i t s ' d o not occur  n a t u r a l l y i n people unless, say, they are c u l t i v a t e d , then we must be w i l l i n g to set aside some p o r t i o n of our youngsters i n which to c u l t i v a t e them.  That step requires r e c o g n i t i o n of the importance of the female  occupations or the tasks they involve and a w i l l i n g n e s s to give boys female t r a i t s as w e l l as acceptance of a r a d i c a l type of s o c i a l engineering. There i s more than one conclusion that can be drawn from these p e s s i m i s t i c considerations.  We could conclude that g i v i n g women e q u a l i t y  of opportunity w i t h men to enter a l l honourable employments i s undesirable because i t i s l i k e l y to have two very unfortunate consequences:  that the  tasks women have t r a d i t i o n a l l y performed f o r humanity might then be l e f t to the losers of the competition f o r 'better' jobs and that the s p e c i a l psychological t r a i t s which have enabled women to perform those tasks so w e l l and which we value i n themselves might, through repression or neglect or c u l t i v a t i o n , disappear from our s o c i e t y .  This i s the conclusion  Freud almost reached before he reassured himself that i t would be impossible to give women equal opportunity anyway.  But since removing sex p r e j u d i c e  151  from s o c i e t y i s necessary to b r i n g i n g about complete e q u a l i t y of opport u n i t y , and since i t i s the combination of g i v i n g boys and g i r l s 'the same e a r l y education' with sex prejudice that threatens women's a c t i v i t i e s and achievements and female p s y c h o l o g i c a l t r a i t s , i t i s more reasonable to conclude that removing sex prejudice should be higher p r i o r i t y than g i v i n g boys and g i r l s 'the same e a r l y education.' The removal of sex prejudice from s o c i e t y would mean that people's a c t i v i t i e s , achievements and t r a i t s would be valued according to t h e i r c o n t r i b u t i o n to human happiness regardless of t h e i r sex. not enough.  But that i s  Some people think that i f women were revered as housewives  and mothers and i n t h e i r other usual r o l e s i t would solve the problem of e q u a l i t y of the sexes.  They think that the source of the problem  i s that the r o l e s of women are not given enough respect, so they want to elevate the p r e s t i g e of those r o l e s without t r y i n g to l i b e r a t e women from 18 the necessity of taking them on.  But we have seem too many important  reasons f o r g i v i n g women equal opportunity with men to play any u s e f u l r o l e i n s o c i e t y f o r us to be s a t i s f i e d with removing sex prejudice  alone.  We must take whatever f u r t h e r steps are necessary to give women and men e q u a l i t y of opportunity. M i l l gave us another reason f o r removing sex prejudice besides the ones we have found so f a r .  He thought that men and women should become  more a l i k e i n order to improve marriage. He s a i d : Intimate s o c i e t y between people r a d i c a l l y d i s s i m i l a r to one another, i s an i d l e dream. Unlikeness may a t t r a c t , but i t i s likeness which r e t a i n s ; and i n proportion to the likeness i s the s u i t a b i l i t y of the i n d i v i d u a l s t o give each other a happy l i f e . 1 9  152  Although. M i l l s t r e s s e d especially  the p r o s p e c t of women becoming more l i k e men,  i n t h e i r knowledge  he thought men would b e n e f i t respects  too.  and i n t e r e s t s ,  t h e r e are i n d i c a t i o n s  that  from becoming more l i k e women i n some  He s a i d that women s h o u l d become l e s s  self-sacrificing  20 and men more s o . speculating  He recommended that men engaged  i n t h e o r i z i n g or  c o n s u l t the p r a c t i c a l mind of an i n t e l l i g e n t woman to a v o i d 21  the c h a r a c t e r i s t i c f a u l t s of  these t h i n g s  any way, to l a c k .  of m a s c u l i n e thought.  In o r d e r f o r  either  to happen, and b e f o r e men w i l l become more l i k e women i n  men must come to v a l u e  the t r a i t s  And women must come to v a l u e  be w i l l i n g to pass  t h a t women have and they  t h e i r own t r a i t s b e f o r e  them on to or a l l o w them to develop  these t h i n g s happened, many of the t r a i t s ' m a l e ' would become s i m p l y human t r a i t s .  they w i l l  i n t h e i r sons.  t h a t we now know as But M i l l  tend  If  'female'  d i d n o t see t h a t  or  re-  moving sex p r e j u d i c e must be an e a r l y s t e p i n the l i b e r a t i o n of women i f they are to have the o p p o r t u n i t y t o become f u l l y human and n o t j u s t o p p o r t u n i t y to become more l i k e men.  the  153  CHAPTER  4  1 Women i n the Labour Force,.facts arid f i g u r e s , Labour Canada, Women's Bureau, 1975 E d i t i o n , p. 49. 2 Ibid.  This f i g u r e i s derived from the p a r t i c i p a t i o n rate of women i n the labour force (p. 3) and the percentage of women not i n the labour force who reported being f u l l - t i m e homemakers (p. 51).  3 Royal Commission Report on the Status of Women i n Canada, op. c i t . , p. 33. See also "Time Spent i n Housework," by Joann Vanek, S c i e n t i f i c American, V o l . 231, November 1974, p. 116 f f . 4 M i l l , The Subjection of Women, o p . • c i t . , p. 48. 5 Royal Commission Report, op. c i t . , pp. 174 and 175. 6 M i l l , The Subjection of Women, op. c i t . , p. 48. 7 I b i d . , pp. 28 and 29. 8 I b i d . , p. 51. 9 I b i d . , p. 22. 10 John Stuart M i l l and H a r r i e t Taylor M i l l , Essays on Sex E q u a l i t y , ed. A l i c e S. R o s s i , Chicago, 1970, e s p e c i a l l y p. 76. 11 Here I have used my own observations, and I appeal to those of the reader. The problems I am about to present a r i s e so long as there are some valuable p s y c h o l o g i c a l t r a i t s which females tend to have more often or to a greater extent than males. The p s y c h o l o g i c a l l i t e r a t u r e about sex - t r a i t c o r r e l a t i o n s i s voluminous and diverse. Studies which support some of my generalizations i n c l u d e :  154  CHAPTER  4  C o s t r i c h , Norma e t a l . , "When stereotypes hurt: Three studies of p e n a l t i e s f o r sex-role r e v e r s a l s , " J o u r n a l of Experimental S o c i a l Psychology 1975, V o l . 11, pp. 520-530. Halas, C e l i a M. "Sex-role stereotypes: Perceived childhood s o c i a l i z a t i o n experiences and the a t t i t u d e s and behavior of adult women," Journal of Psychology 1974, V o l . 88 ( 2 ) , pp. 261-275. Horner, Matina, " F a i l : B r i g h t Women," Psychology Today, 1969 (Nov.), Vol. 3 ( 6 ) , pp. 36P38, 62. Rose, C l a r e , "Women's Sex-role a t t i t u d e s : A h i s t o r i c a l perspective," New D i r e c t i o n s f o r Higher Education, 1975, No. 11, pp. 1-31. Also see de Beauvoir, Chesler and Figes i n Bibliography. 12 M i l l , The Subjection of Women, op. c i t . , p. 42 and pp. 57 and 58. 13 I am not r e f e r r i n g here to non-violence, which i s a b e n e f i c i a l and d e s i r a b l e p r a c t i c e but not the same as the tendency not t o express anger and aggression. 14 M i l l , The Subjection of Women, op. c i t . , pp. 60-62. 15 The Later L e t t e r s of John Stuart M i l l 1848-1873, op. c i t . , p. 1635, footnote t o L e t t e r 1473. 16 I b i d . . L e t t e r 1473. 17 The L e t t e r s of Sigmund Freud, Selected and e d i t e d by Ernst L. Freud, t r a n s l a t e d by Tanis and James Stern, New York, 1961, L e t t e r 28, p. 76. I n c i d e n t a l l y , the l e t t e r shows that Freud's memory of the book he t r a n s l a t e d was abominable. 18 An e x c e l l e n t example of t h i s a t t i t u d e can be found i n C S . Lewis, That Hideous Strength, London, 1955. 19 M i l l , The Subjection of Women, op. c i t . , p. 91.  CHAPTER  20 Ibid., p.  42.  Ibid., p.  59.  21  156 Chapter ; 5 EQUALITY OF OPPORTUNITY  AGAIN  The dangers of taking some steps toward creating e q u a l i t y of opport u n i t y i n employment before removing sex prejudice are r e l a t e d to a f a m i l i a r complaint about e q u a l i t y of opportunity as a p o l i t i c a l goal. The complaint i s that i t i s not d e s i r a b l e to create e q u a l i t y of opport u n i t y f o r everyone to f i l l the jobs or r o l e s that are c u r r e n t l y h i g h l y valued and h i g h l y rewarded because the current values of our s o c i e t y are misguided.  I have argued that they are misguided i n that we under-  value women's a c t i v i t i e s and achievements and female psychological traits.  Of course they may be misguided i n other ways too;  the con-  v i c t i o n that they are i s eloquently expressed by John Schaar i n " E q u a l i t y of Opportunity  and Beyond:"  Before one subscribes to the equality-of-opportunity formula, then, he should be c e r t a i n that the dominant values, i n s t i t u t i o n s , and goals of h i s society are the ones he r e a l l y wants. The tone and content of much of our recent serious l i t e r a t u r e and s o c i a l thought - thought that escapes the confines of the conservativefr a d i c a l framework - warn that we are w e l l on the way toward b u i l d ing a c u l t u r e our best men w i l l not honor. The f a c i l e formula of equal opportunity quickens that trend. I t opens more and more opportunities f o r more and more people to contribute more and more energies toward the r e a l i z a t i o n of a mass, bureaucratic, technol o g i c a l , p r i v a t i z e d , m a t e r i a l i s t i c , bored, and t h r i l l - s e e k i n g , consumption-oriented s o c i e t y - a s o c i e t y of w e l l - f e d , congenial, and s y b a r i t i c monkeys surrounded by gadgets and p l e a s u r e - t o y s . 1  E q u a l i t y of opportunity can be defended from t h i s c r i t i c i s m by broadening i t s scope - i . e . , by g i v i n g a d i f f e r e n t answer to 'opportunity to do what ?' than 'to f i l l the h i g h l y valued jobs or r o l e s . '  For example,  157  R.H. Tawney o f f e r s an a l t e r n a t i v e formulation of e q u a l i t y of opportunity in Equality: R i g h t l y i n t e r p r e t e d , i t means, not only that what are commonly regarded as the p r i z e s of l i f e should be open to a l l , but that none should be subjected to a r b i t r a r y p e n a l t i e s ; not only that exceptional men should be f r e e to exercise t h e i r exceptional powers, but that common men should be free to make the most of t h e i r common humanity.2 Such a formulation escapes the other most frequent complaint about the p o l i t i c a l i d e a l of e q u a l i t y of opportunity - that i t i s a poor subs t i t u t e f o r a more equal d i s t r i b u t i o n of the goods of s o c i e t y .  Tawney  himself c r i t i c i z e s the narrow formulation of the i d e a l on these grounds: So the doctrine which throws a l l i t s emphasis on the importance of opening avenues t o i n d i v i d u a l advancement i s p a r t i a l and onesided. I t i s r i g h t i n i n s i s t i n g on the n e c e s s i t y of opening a free career to a s p i r i n g t a l e n t ; i t i s wrong i n suggesting that opportunities t o r i s e , which can, of t h e i r very nature, be seized only by the few, are a s u b s t i t u t e f o r a general d i f f u s i o n of the means of c i v i l i z a t i o n , which are needed by a l l men, whether they r i s e or not, and which those who cannot climb the economic ladder, and who sometimes, indeed, do not desire to climb i t , may turn to as good account as those who can.3 I agree w i t h Tawney that e q u a l i t y of opportunity to obtain the best jobs or to become wealthy i s not an adequate s u b s t i t u t e f o r a more equal d i s t r i b u t i o n of the goods of s o c i e t y .  However, I think that even i n a  s o c i e t y where the goods were d i s t r i b u t e d as equally as p o s s i b l e , i t would be d e s i r a b l e , f o r a l l the u t i l i t a r i a n reasons that were brought out i n Chapter 2, to have e q u a l i t y of opportunity to f i l l any given job or r o l e . The question then comes back t o :  What jobs and r o l e s should there be ?  There are problems with using Tawney's formulation of e q u a l i t y of opportunity as a p o l i t i c a l goal f o r today.  The concept of making the  most of our common humanity needs i n t e r p r e t a t i o n .  Our common humanity  158  i n c l u d e s the c a p a c i t y  to be extremely  cruel,  and I doubt t h a t  anyone e l s e would want us t o make the most of t h a t . had i n mind i s making the most of the v a l u a b l e humanity.  t h e i r ideas  of the v a l u a b l e  might t u r n out to be h e a v i l y weighted and a c t i v i t i e s . n o t get  If  evaluations,  People s h o u l d , as f a r as p o s s i b l e , a l l the v i r t u e s  Then the q u e s t i o n :  a s p e c t s of our humanity  on the s i d e of m a s c u l i n e  of  the  it  following  of o p p o r t u n i t y  and r o l e s s h o u l d t h e r e be ?  answered a c c o r d i n g to what a c t i v i t i e s human v i r t u e and h a p p i n e s s .  to  a l l the happiness o f which  capable. What j o b s  did  opportunity:  have e q u a l i t y  and e x p e r i e n c e  traits  reduced t h a t  I would favour  f o r m u l a t i o n of the p o l i t i c a l i d e a l of e q u a l i t y  human b e i n g a r e  o f the g o a l are burdened  sex p r e j u d i c e were s u f f i c i e n t l y  i n the way of honest  develop  What he p r o b a b l y  a s p e c t s o f our common  But then so l o n g as the i n t e r p r e t e r s  w i t h sex p r e j u d i c e ,  Tawney o r  and achievements  would be  contribute  to  CHAPTER  1 Schaar,  op.  cit.,  p.  231.  Tawney, bp. c i t . , p .  112.  2 ;  3 Ibid.,  p.  113.  160  SELECTED  BIBLIOGRAPHY  A f f i r m a t i v e A c t i o n and Equal Employment. A Guidebook f o r Employers, U.S. Equal Employment Opportunity Commission, Washington, D.C., 1974. de Beauvoir, S., The Second Sex, New York, 1952. Campbell, T.D., " E q u a l i t y of Opportunity", Meeting of the A r i s t o t e l i a n Society, November 25, 1974. Chesler, P., Women and Madness, New York, 1972. Day, S., A Report on the Status of Women at the U n i v e r s i t y of B r i t i s h Columbia, Vancouver, 1973. F i d e l l , L.S. " E m p i r i c a l V e r i f i c a t i o n of Sex D i s c r i m i n a t i o n i n H i r i n g P r a c t i c e s i n Psychology", American Psychologist,', V o l . 25, 1970. Figes, E., P a t r i a r c h a l A t t i t u d e s , London, 1972. Frankel, C , " E q u a l i t y o f Opportunity", E t h i c s , Volume 81, 1970-71. Freud, E., The L e t t e r s of Sigmund Freud, New York, 1961. Glover, J . , R e s p o n s i b i l i t y , London, 1970. Guidelines on Employee S e l e c t i o n Procedures, Federal Register, Volume 35, Washington, D.C., 1970. Heilbrun,.C., Toward a Recognition of Androgeny, New York, 1973. H i l l , S., "The Importance of Autonomy", Meeting of the American Philosophi c a l A s s o c i a t i o n , Spring, 1973. Huxley, A., Brave New World, New York, 1939. Laing, R.D., The P o l i t i c s of the Family, Massey Lectures, C.B.C. P u b l i c a t i o n , 1969. Lewis, C.S., That Hideous Strength, London, 1955. Manton, J . , E l i z a b e t h Garrett Anderson, London, 1965. M i l l , J.S., (1) The,Subjection of Women,.Cambridge, Massachusetts, 1970. (2) On L i b e r t y , New York, 1956.  161  Mill,  J.S. and M i l l , H.T., E s s a y s on Sex E q u a l i t y , Chicago,  M i l l e t t , K., Sexual P o l i t i c s , New York,  1970.  1971.  Mineka, F.E. -and L i n d l e y , D.N., The L a t e r L e t t e r s o f John S t u a r t T o r o n t o , 1972. M i t c h e l l , J . , Woman's E s t a t e , Manchester,  Mill,  1971.  T h e M o n i s t , Volume 57, No. 1, 1973. Morgan, R., S i s t e r h o o d Pierce, C , "Equality:  i s P o w e r f u l , New York, 1970. R e p u b l i c V", The M o n i s t , Volume 57, 1973.  Rawls, J . , A Theory o f J u s t i c e , Cambridge, Massachusetts, 1971. Reader, W.J., P r o f e s s i o n a l Men. The R i s e o f the P r o f e s s i o n a l C l a s s e s i n N i n e t e e n t h - C e n t u r y England, London, 1966. Report_____ o f the R o y a l Commission on the S t a t u s o f Women i n Canada, Ottawa, Schaar, J . , " E q u a l i t y o f O p p o r t u n i t y and Beyond", E q u a l i t y , New York, 1967. Tawney, R.H., E q u a l i t y , New York, 1961. Vanek, J . , "Time Spent i n Housework", S c i e n t i f i c American, No. 5, 1974. W i l l i a m s , B., "The Idea o f E q u a l i t y " , Problems 1973.  o f the S e l f ,  Volume 231,  Cambridge,  W i l s o n , J . , E q u a l i t y , London, 1966. W i t t i g , M. The Guerillefes,London, 1971. Wollheim, R., and B e r l i n , I . , " E q u a l i t y " , P r o c e e d i n g s o f the A r i s t o t e l i a n S o c i e t y , Volume LVI, 1955-56. Women i n the Labour F o r c e , Labour Women U n i t e ,  Canada, Women's Bureau, Ottawa, 1975.  Toronto, .1972.  Woolf, V., A Room o f One's Own, M i d d l e s e x , 1970.  162  APPENDIX  WOMEN  AND '''.THE  PROFESSIONS  IN  MILL'S  ENGLAND  How f a r was the b a r r i n g o f women from c e r t a i n occupations"*" a matter of law ?  C e r t a i n l y they were d i s e n f r a n c h i z e d and prevented  holding public office  by law,  e n t e r i n g the p r o f e s s i o n s  but was i t  that  a l e g a l matter at the time that time,  law t h a t b a r r e d them from  they d i d not undertake ?  The c l o s i n g o f the p r o f e s s i o n s  Before that  to women was,  and had j u s t  J . S . M i l l wrote The S u b j e c t i o n  o t h e r s o c i a l c o n d i t i o n s had been s u f f i c i e n t  women from even t r y i n g to e n t e r most p r o f e s s i o n s . grammar s c h o o l t e a c h e r s ,  actresses,  ( u s u a l l y music t e a c h e r s ) , clergy,  barristers,  engineers,  dentists,  from  attorneys,  surgeons,  accountants,  to  keep  servants.  were  musicians  they were not  apothecaries,  or c i v i l  of Women.  Although they  and sometimes w r i t e r s ,  p a i n t e r s or s c u l p t o r s ,  become,  physicians,  architects, Nor, of  course,  d i d they make c a r e e r s i n the Army o r Navy as men d i d . Perhaps the s t r o n g e s t the p r o f e s s i o n s  was the almost u n i v e r s a l assumption t h a t women would not  support themselves supported by men. daughters,  s o c i a l f a c t o r which kept women from e n t e r i n g  (except t e m p o r a r i l y ) , t h a t F a t h e r s expected  they would marry and be  to make marriages  for  their  not to p r o v i d e them w i t h p r o f e s s i o n a l e d u c a t i o n and s e t  them up  2 in business.  As a r e s u l t ,  o p p o r t u n i t y to a p p r e n t i c e , necessary  to make a c a r e e r .  women l a c k e d the p r e p a r a t o r y e d u c a t i o n ,  and the  'connections'  the  and f i n a n c i a l b a c k i n g  163  We have the testimony of the Schools Enquiry Commission of lS^S"" to the f a c t that g i r l s ' education was poor.  W.J. Reader t e l l s us they  found that " g i r l s ' education, i n s o f a r as i t was anything more than a t r a i n i n g i n deportment and agreeable manners, was sloppy and unsystematic."^  Their schools taught L a t i n badly and hardly any  Greek, a r i t h m e t i c and grammar j u s t by r o t e , and music p r i m a r i l y as a manual s k i l l ;  the n a t u r a l science that they o f f e r e d (e.g. astronomy)  lacked a foundation of b a s i c p r i n c i p l e s .  Of course many g i r l s ,  e s p e c i a l l y those of wealthy f a m i l i e s , were never sent to school at a l l , but were taught 'accomplishments' (a combination of sewing c r a f t s , a l i t t l e music, and s o c i a l s k i l l s ) at home.  By contrast, a l i b e r a l  education f o r a boy, such as could be obtained i n the p u b l i c schools and then at Oxford, Cambridge and other U n i v e r s i t i e s , was based on a thorough knowledge of the c l a s s i c s - L a t i n and Greek l i t e r a t u r e and mathematics. Poor education has two kinds of e f f e c t s w i t h respect to the career ambitions of g i r l s :  I t makes them u n l i k e l y to occur and nearly  Impossible to r e a l i z e i f they do occur.  Without i n t e l l e c t u a l  s t i m u l a t i o n one cannot develop an i n t e r e s t i n i n t e l l e c t u a l p u r s u i t s , and without some i n k l i n g that what a doctor or a lawyer does i s w i t h i n the scope bf one's t a l e n t s , one does not a s p i r e to enter medicine or law.  Furthermore, a l l the professions which women d i d not enter  required some kind of education which was not a v a i l a b l e to them u n t i l at l e a s t the middle of the nineteenth century.  fhe ' l i b e r a l professions,'  d i v i n i t y , physic and the law, required a l i b e r a l , i . e . c l a s s i c a l ,  164  education. of  To e n t e r the  'lower branches'  ( i . e . lower  i n prestige)  the p r o f e s s i o n s and become, f o r example, an apothecary,  a surgeon  o r an a t t o r n e y , one needed s p e c i a l i z e d e d u c a t i o n and a p p r e n t i c e s h i p . , . . 6 with, a p r a c t i t i o n e r . O f t e n i t i s p o s s i b l e , when t h e r e are c l e a r - c u t q u a l i f i c a t i o n s f o r an o c c u p a t i o n , e n s h r i n e d i n law by t h e l i c e n s e to p r a c t i c e , o r i n the r u l e s ' o f p r o f e s s i o n a l s o c i e t i e s by some f o r m a l r e c o g n i t i o n of members, for  a member o f a group which would n o r m a l l y be excluded  from t h a t  o c c u p a t i o n to break i n t o i t by f u l f i l l i n g the q u a l i f i c a t i o n s , by p a s s i n g examinations. liberal  Perhaps a woman c o u l d o b t a i n the  and s p e c i a l i z e d e d u c a t i o n from good t u t o r s , and  the  e.g.  necessary necessary  a p p r e n t i c e s h i p w i t h some r e l a t i v e o r f r i e n d of the f a m i l y , to break into a f i e l d But  i t was  criteria  by meeting the f o r m a l requirements  not u n t i l w e l l i n t o the n i n e t e e n t h century t h a t d e f i n i t e  f o r e n t r y were e s t a b l i s h e d f o r the p r o f e s s i o n s t h a t were the  p r o v i n c e of  men.  Standards  of admission  'lower branches'  to p r a c t i c e we^e  f i r s t e s t a b l i s h e d i n the  of the p r o f e s s i o n s , p r o b a b l y because t h e r e were more  p e o p l e engaged i n them than i n t h e ' l i b e r a l was  of the p r o f e s s i o n .  more need f o r t h e i r q u a l i f i c a t i o n s to be  p r o f e s s i o n s , ' so t h a t t h e r e formally recognized,  and  because these p e o p l e wanted t h e i r s o c i a l s t a t u s r a i s e d above t h a t of common tradesmen. The A p o t h e c a r i e s A c t of 1815 power to determine who  could c a l l  gave the S o c i e t y of A p o t h e c a r i e s themselves a p o t h e c a r i e s , and  the  the  165  Society  set up r e g u l a t i o n s by which t o d e c i d e t h i s .  Prospective  customers knew t h a t anyone who c a l l e d h i m s e l f an apothecary had c e r t a i n k i n d s o f e d u c a t i o n and e x p e r i e n c e , had a . s t r a i g h t  p a t h to f o l l o w to t h e i r g o a l ,  s o c i a l o r i g i n and c o n n e c t i o n s . the q u a l i f i c a t i o n s  and p h y s i o l o g y .  i r r e s p e c t i v e of  their  and surgeons c o n s i s t e d of a  (the q u a l i t y of which was,  and attendance  apothecaries  P r i o r to the p a s s i n g o f the A c t ,  of both apothecaries  p e r i o d of apprenticeship controllable)  and p r o s p e c t i v e  o f some l e c t u r e s  of c o u r s e ,  on m e d i c i n e ,  L i c e n s e s to p r a c t i c e had been unknown..  not  anatomy After  1815,  became customary f o r anyone who wanted to go i n t o g e n e r a l p r a c t i c e  it  to  take the A p o t h e c a r i e s l i c e n s e and a diploma o f membership i n the R o y a l C o l l e g e o f Surgeons, w h i c h , between 1823 its  and 1833,  t i g h t e n e d up  examinations so t h a t they were n o t l o n g e r merely f o r m a l i n t e r v i e w s .  Then the Law S o c i e t y was formed i n 1831  by a t t o r n e y s  improvement o f t h e i r p r o f e s s i o n ^ and by 1836 and, under the j u d g e s ' prospective  i t was o f f e r i n g  a d m i n i s t e r i n g examinations  lectures to  attorneys.  Two o f the  ' l i b e r a l professions,'  moved toward o b j e c t i v e century;  authority,  to promote the  the B a r r i s t e r s and the P h y s i c i a n s ,  standards o f q u a l i f i c a t i o n i n the m i d - n i n e t e e n t h  A d m i s s i o n to the Common-Law Bar had always been c o n t r o l l ed  by the Inns o f Court ( f o u r a n c i e n t p r i v a t e c l u b s ) .  Reader  describes  the p r o c e d u r e : The u s u a l method o f l e a r n i n g to be a b a r r i s t e r was a m i x t u r e o f a p p r e n t i c e s h i p and p r i v a t e r e a d i n g . . , -and v i r t u a l l y the o n l y f o r m a l r e q u i r e m e n t , a p a r t from the payment of f e e s , was to appear a t one's. Inn o f t e n enough to eat a s t i p u l a t e d number of d i n n e r s , which was not so e c c e n t r i c as i t sounds s i n c e , i n t h e o r y at l e a s t ,  166  i t w a s a method by which a l l the members o f the p r o f e s s i o n , senior and j u n i o r , could get to know each other." I n 1847, l e c t u r e s h i p s were set up at t h e e o f the Inns, and i n 1851, r  w i t h the creation o f the Council o f Legal Education which represented a l l four Inns, attendance at .lectures became compulsory f o r a s p i r i n g barristers.  ThecSbuncil also set up a system o f voluntary q u a l i f y i n g  examinations at t h i s time, but d i d not make them compulsory u n t i l  1872.  The Royal College o f Physicians o f London and s i m i l a r colleges i n Dublin and Edinburgh had granted l i c e n s e s to physicians since the s i x t e e n t h and seventeenth centuries r e s p e c t i v e l y . nineteenth century^ the Royal College took  fanymore  I n the  i n t e r e s t i n the  l i b e r a l education than i n the medical t r a i n i n g o f a s p i r i n g physicians. For example, the Fellows o f the College, i n admitting others to t h e i r number, i n s i s t e d o n degrees from e i t h e r Oxford o r Cambridge (which o f course automatically excluded women);  yet n e i t h e r U n i v e r s i t y  offered medical education, and those who obtained t h e i r medical degrees there took a degree i n A r t s , went away to study medicine however they chose, and returned to get a n M.D. professors.  o n the recommendation o f t h e i r  The physicians considered t h e i r most important  q u a l i f i c a t i o n s to be the gentlemanly bearing and c l a s s i c a l t r a i n i n g which was obtained at p u b l i c schools and u n i v e r s i t i e s . The Medical Act o f 1858 consolidated the p r a c t i c e o f medicine and recognized the n e c e s s i t y o f p r o f e s s i o n a l t r a i n i n g tested by formal examination.  Reader describes i t :  167  The A c t c r e a t e d the ' r e g i s t e r e d m e d i c a l p r a c t i t i o n e r , ' a r e c o g n i z a b l e descendant o f the q u a l i f i e d apothecary c r e a t e d by the A p o t h e c a r i e s A c t of 1815. He was a man (women had s c a r c e l y yet begun to d i s t u r b the p r o f e s s i o n ' s peace o f mind, though they were soon to do so) who had s a t i s f i e d one or more of twenty-one e x i s t i n g l i c e n s i n g b o d i e s , a f t e r e x a m i n a t i o n , t h a t he was f i t to p r a c t i c e . No l i c e n s i n g b o d i e s were a b o l i s h e d ; -no new ones were s e t up - t h a t was beyond the range o f p r a c t i c a l p o l i t i c s - b u t at l e a s t the powers of a l l the r e c o g n i z a b l e b o d i e s were made to cover the U n i t e d Kingdom i n s t e a d of b e i n g c o n f i n e d , as many of them had been i n the p a s t , to c e r t a i n p a r t s o f i t . A l i c e n s e granted by one o f these b o d i e s gave the h o l d e r of i t an a b s o l u t e r i g h t to have h i s name p l a c e d on the r e g i s t e r kept by an a u t h o r i t y (the G e n e r a l C o u n c i l of M e d i c a l E d u c a t i o n and R e g i s t r a t i o n o f the U n i t e d Kingdom) c r e a t e d f o r the p u r p o s e . Once r e g i s t e r e d , the d o c t o r had a r i g h t to p r a c t i c e anywhere i n the U n i t e d Kingdom. He a l s o had a r i g h t to p r a c t i c e any branch o f m e d i c i n e , even though he might o n l y be q u a l i f i e d i n one o f the r e c o g n i z e d t h r e e m e d i c i n e , s u r g e r y , and m i d w i f e r y . 9 The A c t a l s o p r o v i d e d f o r the r e g i s t r a t i o n o f any p r a c t i t i o n e r who had been a c t i v e b e f o r e  1858.  The change to formal q u a l i f i c a t i o n s began, intended,  to open the p r o f e s s i o n s  to women.  who made use o f the new r e g u l a t i o n s .  though i t was not  We know o f two women  E l i z a b e t h B l a c k w e l l , who had  o b t a i n e d an M.D. degree from a s c h o o l i n Geneva, New York i n claimed her r i g h t to be r e g i s t e r e d under the M e d i c a l A c t of  1849, 1858.  And i n 1865 E l i z a b e t h G a r r e t t took the L i c e n s e o f The S o c i e t y Apothecaries; gave h e r one.  she s i m p l y met t h e r e q u i r e m e n t s , and they  of  reluctantly  But t h e n , i n a move to exclude women from t h e i r p r o f e s s i o n ,  the A p o t h e c a r i e s changed t h e i r r e g u l a t i o n s  to f o r b i d  the g r a n t i n g o f  a l i c e n s e to anyone who had o b t a i n e d p a r t of h i s / h e r m e d i c a l e d u c a t i o n privately.  S i n c e women were not admitted to the m e d i c a l s c h o o l s  England ( G a r r e t t had had to study p r i v a t e l y under r e c o g n i z e d  in  teachers  168  because  she had been, shut out o f t h e m e d i c a l s c h o o l of M i d d l e s e x  H o s p i t a l i n s p i t e of h e r e x c e l l e n t  performance t h e r e ) ,  they were  11 v i r t u a l l y excluded from the p r o f e s s i o n .  Shortly after  the  A p o t h e c a r i e s changed t h e i r r u l e s , o t h e r examining b o d i e s i n London s i m p l y r e f u s e d to admitewomen to t h e i r  examinations;  Around the same time t h a t some p r o f e s s i o n s were f o r m a l i z i n g t h e i r requirements, s e v e r a l establishments s e r i o u s e d u c a t i o n of women: Bedford C o l l e g e ,  were s e t  Queen's C o l l e g e ,  up f o r  the  Harley Street  (1848),  London (1849), The N o r t h London C o l l e g i a t e  (1850), The L a d i e s C o l l e g e ,  Cheltenham (1853).  Some o f  School  the  newly-educated women had p r o f e s s i o n a l a m b i t i o n s , and i n 1869 women e n t e r e d Edinburgh U n i v e r s i t y as m e d i c a l s t u d e n t s , that  they a t t e n d s e p a r a t e  classes  from the men.  s p e c i a l arrangements broke down, and i n 1870  on c o n d i t i o n  However,  the G e n e r a l C o u n c i l  o f the U n i v e r s i t y r e f u s e d to a l l o w them to a t t e n d c l a s s e s men.  F i n a l l y the U n i v e r s i t y r e f u s e d to l e t  decided that  and i n 1873  to get  with  them g r a d u a t e ,  i t had been a mistake to admit them.  l i t i g a t i o n i n 1872  these  the  having  There was  the women r e - a d m i t t e d , but to no  avail. Thus women's r i g h t to e n t e r the p r o f e s s i o n s became a l e g a l matter when two women became r e g i s t e r e d m e d i c a l p r a c t i t i o n e r s and men h u r r i e d to c l o s e The S u b j e c t i o n  the doors on the r e s t .  By 1869, when M i l l  of Women, the women's s t r u g g l e s  b o d i e s and m e d i c a l s c h o o l s were w e l l under way; w i t h success  u n t i l 1876,  against 12  wrote  the examining  they d i d not meet  when the r i g h t of q u a l i f i e d women to be p l a c e d  169  on the R e g i s t e r was made law by, R u s s e l l Gurney's  ' A c t to remove the  R e s t r i c t i o n s on the G r a n t i n g o f Q u a l i f i c a t i o n s on the Ground o f  Sex.'  13  Then one by one v a r i o u s examining and t e a c h i n g b o d i e s admitted women, and i n 1882 the members o f the R o y a l Commission on the M e d i c a l A c t s stated  t h a t i t was " o n l y f a i r and r e a s o n a b l e  that women s h o u l d be  admitted to the examinations on the same terms as men.""*"^ M e d i c i n e was,  o f a l l the p r o f e s s i o n s which were e x c l u s i v e l y  i n 1800, the one most a c c e s s i b l e had been l o w e r e d :  to women i n 1900.  Several b a r r i e r s  l i b e r a l and p r o f e s s i o n a l s c h o o l i n g was  to those who c o u l d pay f o r i t ;  the n e c e s s a r y  t h a t women c o u l d o b t a i n them;  abolished.  changed,  loomed l a r g e f o r them. was r e g i s t e r e d ,  it  prejudices  against  financially 1911  (legally  at  towards women s u p p o r t i n g themselves  the problem o f f i n a n c i a l b a c k i n g  E d u c a t i o n was e x p e n s i v e ,  still  and even a f t e r  took at l e a s t a y e a r to s e t up a p r a c t i c e  enough to support o n e s e l f .  of a  a p p r e n t i c e s h i p had been v i r t u a l l y  However, s i n c e a t t i t u d e s  had not s u b s t a n t i a l l y  available  qualifications  d o c t o r were c l e a r l y e s t a b l i s h e d and i t was r e c o g n i z e d least)  male  one  lucrative  A woman d o c t o r , who had to cope w i t h  her a b i l i t i e s , might never succeed i n becoming  independent.  There were 477 women d o c t o r s r e c o r d e d i n the  census. The p r o f e s s i o n s which r e q u i r e d a p e r i o d of a p p r e n t i c e s h i p were,  o f c o u r s e , much l e s s a c c e s s i b l e only schooling.  to women than those which r e q u i r e d  Popular attitudes  occupations- would make i t  difficult  a p p r e n t i c e s h i p was v e r y e x p e n s i v e .  about t h e i r a b i l i t i e s and p r o p e r f o r them t o get  a p p r e n t i c e d , and  A p e r i o d of apprenticeship  for  170  a b a r r i s t e r , attorney, leastJ_T0Q0.(One  engineer o r a r c h i t e c t was l i k e l y to c o s t c o u l d get  an undergraduate e d u c a t i o n at Oxford  o r Cambridge f o r between _:300 and ^ 4 0 0 . ' . e x p l a i n the f a c t or engineers,  that  at  censuses up to 1911  T h i s might v e r y w e l l  r e c o r d e d no women lawyers  and o n l y h a l f a dozen a r c h i t e c t s  in  1901.  171  APPENDIX  1  M i l l spoke s p e c i f i c a l l y of medicine and advocacy. He was defending the r i g h t s ; of middle-class women to:enter the professions. No one denied the r i g h t s of poor women to work In f a c t o r i e s , i n the f i e l d s , or as domestic servants i n other people's homes. See M i l l , The Subjection of Women, op. c i t . , p. 52.  2 This i s not the place to prove t h i s , or tlo discuss i t s o r i g i n s . I do not mean to imply that these a t t i t u d e s occurred i n a vacuum and were the s o l e cause of the l i m i t a t i o n s of which I w r i t e . 3 (The Taunton Commission) Report of the Schools Enquiry Commission, 1868. 4 W.J.  Reader, P r o f e s s i o n a l Men. The Rise of the P r o f e s s i o n a l Classes •in Nineteenth-Century England, London, 1966, p. 169.  5 I am l e a v i n g out of consideration the negative reinforcements which the expression of such i n t e r e s t s would b r i n g on a g i r l i n V i c t o r i a n England. 6 As of 1815, an apothecary had to have competence i n L a t i n , c e r t i f i c a t i o n of attendance at l e c t u r e s on anatomy and physiology, medicine, chemistry and materia media, s i x months h o s p i t a l attendance and f i v e years'apprenticeship. See Reader, bp. c i t . , p. 52. 7 For a l i s t of the r e g u l a t i o n s , see footnote 6. 8 Reader, op. c i t ; , p. 22. 9 I b i d . , p. 66. 10 11  Jo Manton, Elizabeth.. Garrett Anderson, London, 1965, Chapter 10. Reader, op. c i t . , p. 176.  172  12 The i s s u e s were p r o b a b l y w i d e l y d i s c u s s e d , because the L a n c e t , the p e r i o d i c a l of the m e d i c a l p r o f e s s i o n , r e p o r t e d the d i s p u t e s i n some d e t a i l and h o t l y opposed the women's e f f o r t s . 13 Reader,  op.  cit.,  p.  179.  14 R o y a l Commission on the M e d i c a l A c t s 1882, 15 Reader,  op.  cit.,  16 Ibid.,  Chapter  9.  Chapter  8.  paragraph. 6 7 . -  

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