David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Journal of Medicine and Philosophy 28 (4):489 – 516 (2003)
The U.S. Supreme Court's seminal 1978 Bakke decision, now 25 years old, has an ambiguous and endangered legacy. Justice Lewis Powell's opinion provided a justification that allowed leaders in medical education to pursue some affirmative action policies while at the same time undermining many other potential defenses. Powell asserted that medical schools might have a "compelling interest" in the creation of a diverse student body. But Powell's compromise jeopardized affirmative action since it blocked many justifications for responding to increases in political opposition and legal challenges. The Bakke decision and itsmoral background and legal legacy are traced and analyzed. Despite recent legal setbacks, the framework sketched by Powell can be used to defend diversity inmedical education bothmorally and legally as a "compelling state interest." Because trust is a central component of the physician-patient relationship and a prerequisite to the profession's ability to provide effectivemedical care, the state has a compelling interest in training physicians with whom patients can feel comfortable and safe if the population is (1) distrustful; (2) underserved; (3) faces significant discrimination in the allocation of benefits, goods and services and (4) affirmative action programs would be likely to promote their trust in the system. Similar narrowly-tailored arguments could be used in other professions and for other groups. Bakke is an important background for the pending Grutter case.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Richard A. Jones (2004). Affirmative Inaction? The Aftermath of Grutter and Gratz. Radical Philosophy Review 7 (2):179-193.
Patricia Illingworth (2002). Trust: The Scarcest of Medical Resources. Journal of Medicine and Philosophy 27 (1):31 – 46.
Prue Burns & Jan Schapper (2008). The Ethical Case for Affirmative Action. Journal of Business Ethics 83 (3):369 - 379.
Allen Buchanan (2000). Trust in Managed Care Organizations. Kennedy Institute of Ethics Journal 10 (3):189-212.
Irving Thalberg (1980). Themes in the Reverse-Discrimination Debate:The Bakke Case: The Politics of Inequality. Joel Dreyfuss, Charles Lawrence III; Justice and Reverse Discrimination. Alan H. Goldman; Discrimination in Reverse: Is Turnabout Fair Play? Barry R. Gross; Fair Game? Inequality and Affirmative Action. John C. Livingston; Bakke, DeFunis, and Minority Admissions: The Quest for Equal Opportunity. Allan P. Sindler. [REVIEW] Ethics 91 (1):138-.
Louis P. Pojman (1998). The Case Against Affirmative Action. International Journal of Applied Philosophy 12 (1):97-115.
Engelbert Ssekasozi (1999). A Philosophical Defense of Affirmative Action. Edwin Mellen Press.
Bill E. Lawson (2011). Sterba on Affirmative Action, or, It Never Was the Bus, It Was Us! Journal of Ethics 15 (3):281-290.
James P. Sterba (2004). The Michigan Cases and Furthering the Justification for Affirmative Action. International Journal of Applied Philosophy 18 (1):1-12.
Added to index2009-01-28
Total downloads11 ( #161,229 of 1,692,891 )
Recent downloads (6 months)1 ( #193,926 of 1,692,891 )
How can I increase my downloads?