Robert L. Tsai (American University – Washington College of Law) has posted Introduction to Practical Equality: Forging Justice in a Divided Nation (Robert L. Tsai, Practical Equality: Forging Justice in a Divided Nation (W.W. Norton 2019)) on SSRN. Here is the abstract:
This is the introduction for a new work of constitutional theory and politics: Robert L. Tsai, Practical Equality: Forging Justice in a Divided Nation (W.W. Norton 2019). In the book, I draw upon pragmatism to develop an account of second-best solutions when disputes arise over questions concerning equality. Practical egalitarianism doesn't require that a person give up his commitment to a substantive vision of equality, but instead offers a general ethic, useful precedents, and a method for prioritizing the amelioration of tangible inequities when debate over first principles bogs down. The approach does require that a practical egalitarian not only train attention on reducing inequities in the short term, but also that he use alternative concepts that can do some of the work of equality in other ways, thereby increasing redundancy among values and building a culture of equal respect in the long run. This approach can be superior to two other approaches historically deployed when intractable disputes over equality have arisen: (1) deferring resolution until broad social or political consensus arises; and (2) demanding a resolution based explicitly on equality grounds, but swallowing a thin conception of substantive equality.
Read the intro, then buy the book!