To explore the limits of quantification as a form of rationalization, we examine a rare case of dequantification: race-based affirmative action in undergraduate admissions at the University of Michigan. Michigan adopted a policy of holistically reviewing undergraduate applications in 2003, after the US Supreme Court ruled unconstitutional its points-based admissions policy. Using archival and ethnographic data, we trace the adoption, evolution, and undoing of Michigan’s quantified system of admissions decision-making between 1964 and 2004. In a context in which (...) opponents of the system had legal avenues to engage a powerful outside authority, we argue that three internal features of the University’s quantified admissions policy contributed to its demise: its transparency, the instability of the categories it quantified, and the existence of qualitative alternatives. Our analysis challenges the presumed durability and inevitability of quantification by identifying its vulnerabilities and suggests that quantification should be understood as a matter of degree rather than a simple binary. (shrink)

This article examines the legal arguments that may lead the Supreme Court to overrule precedent and strike down affirmative action in university admissions. Given the critical importance of a diverse physician workforce for our Nation’s health care system, the potential reversal of affirmative action admission programs in medical schools may have severe negative consequences. This article discusses the implications for health care should the Court issue an opinion restricting or eliminating affirmative action in higher (...) education. (shrink)

The “diversity” framework the Supreme Court has imposed on affirmative action weakens its justice import in theory and practice. The increasing alignment of wealth with attendance at selective institutions betokens a diminishing quality of student at those institutions. So some of the perceived advantages of affirmative action rely on an increasingly false sense of the quality differences between more and less highly-ranked institutions. Aligning those rankings with the quality of student (and quality of instruction at (...) the different kinds of institution) would have the net effect of benefiting black and Latino students as a group. More generally, improving the quality of education and the standing of less selective higher education institutions is an urgent racial educational justice challenge of the current moment, from which affirmative action diverts attention. (shrink)

Affirmative action has been a particularly contentious policy issue that has polarised contributions to the debate. Over recent times in most western countries, support for affirmative action has, however, been largely snuffed out or beaten into retreat and replaced by the concept of ‹diversity management’. Thus, any contemporary study that examines the development of affirmative action would suggest that its opponents have won the battle. Nonetheless, this article argues that because the battle has (...) been won on dubious ethical grounds it is important that we do not allow affirmative action to sink unnoticed. This article explores and challenges the ethical and philosophical underpinnings of opponents’ views and finds their cases against affirmative action are not ethically sound. The article concludes there are strong ethical grounds for those organisations which seek to do well, to reassert affirmative action programmes in the global efforts to eradicate systemic discrimination and disadvantage. (shrink)

Racial preferences are among the most contentious issues in our society, touching on fundamental questions of fairness and the proper role of racial categories in government action. Now two contemporary philosophers, in a lively debate, lay out the arguments on each side. Carl Cohen, a key figure in the University of Michigan Supreme Court cases, argues that racial preferences are morally wrong--forbidden by the 14th Amendment to the Constitution, and explicitly banned by the Civil Rights Act of 1964. He (...) also contends that such preferences harm society in general, damage the universities that use them, and undermine the minorities they were intended to serve. James P. Sterba counters that, far from being banned by the Constitution and the civil rights acts, affirmative action is actually mandated by law in the pursuit of a society that is racially and sexually just. The same Congress that adopted the 14th Amendment, he notes, passed race-specific laws that extended aid to blacks. Indeed, there are various kinds of affirmative action--compensation for past discrimination, remedial measures aimed at current discrimination, the guarantee of diversity--and Sterba reviews the Supreme Court cases that build a constitutional foundation for each. Affirmative action, he argues, favors qualified minority candidates, not unqualified ones. Both authors offer concluding comment on the University of Michigan cases decided in 2003. Half a century after Brown v. Board of Education, issues pertaining to racial discrimination continue to grip American society. Ideal for courses in political, social, ethical, and legal philosophy, this penetrating debate explores the philosophical and legal arguments on all sides of affirmative action, but also reveals the passions that drive the issue to the forefront of public life. (shrink)

A significant body of evidence shows that law schools and many elite colleges use large admissions preferences based on race, and other evidence strongly suggests that large preferences can undermine student achievement in law school and undergraduate science majors, thus producing highly counterproductive effects. This article draws on available evidence to examine the use of racial preferences in medical school admissions, and finds strong reasons for concern about the effects and effectiveness of current affirmative action efforts. The author (...) calls for better data and careful investigation of several identified patterns. (shrink)

This article argues against the view that affirmative action is wrong because it involves assigning group rights. First, affirmative action does not have to proceed by assigning rights at all. Second, there are, in fact, legitimate “group rights” both legal and moral; there are collective rights—which are exercised by groups—and membership rights—which are rights people have in virtue of group membership. Third, there are continuing harms that people suffer as blacks and claims to remediation for these (...) harms can fairly treat the (social) property of being black as tracking the victims of those harms. Affirmative action motivated in this way aims to respond to individual wrongs; wrongs that individuals suffer, as it happens, in virtue of their membership in groups. Finally, the main right we have when we are being considered for jobs and places at colleges is that we be treated according to procedures that are morally defensible. Morally acceptable procedures sometimes take account of the fact that a person is a member of a certain social group. (shrink)

This paper has two parts. First, I argue that three prominent arguments in favour of affirmative action—the mitigating discrimination argument, the equality of opportunity argument and the diversity argument—may be based on a relational egalitarian theory of justice, as opposed to a distributive understanding of justice. Second, I argue that basing these arguments in favour of affirmative action on relational egalitarianism has an interesting implication when it comes to the site(s) of affirmative action. (...) Whereas affirmative action is usually discussed and pursued in university admissions and in hiring for jobs, the relational egalitarian-based arguments entail, all else equal, that we have more reason to pursue affirmative action in the political domain than in the traditional sites. (shrink)

In the context of state educational institutions, young white males are owed a duty to respect their interest or desert tokens. Not all white males have waived this duty since many white males have not performed the relevant types of culpable wrongdoing. Merely having benefitted from an unjust injury act or being a member of a community that owe a debt of compensation to racial minorities and women are not sufficient grounds to override the duty owed to the white male. (...) Since the three most plausible attempts to provide a compensatory justice justification for strong affirmative action programs at state educational institutions fail, I conclude that the following is false. (1) Other things being equal, a state educational institution may choose to hire a less qualified candidate over a more qualified candidate because the weight given to the race or gender of the less qualified candidate relates to the elimination of a debt of compensatory justice. Hence, unless strong affirmative action programs at state educational institutions can be justified by reference to some other value, such as the value of diversity, the state ought to eliminate such programs. (shrink)

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 distrustful; underserved; faces significant discrimination in the allocation of benefits, goods and services and 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. (shrink)

Professor Sterba argues for two interesting and provocative positions regarding affirmative action. First, affirmative action programs are still needed to ensure diversity in educational institutions of higher learning. Secondly, the proponents and opponents of affirmative action are not as far apart as they seem to think. To this end, he proposes a position that would give weight to race as a category for affirmative action that can withstand the challenges of (...) class='Hi'>affirmative action opponents while giving the needed support for affirmative action proponents. It is his contention that both sides can support arguments for diversity affirmative action. This paper raises concerns about the ability of arguments for racial diversity to resolve or bring together opponents and proponents of affirmative action. It is argued that the negative social climate, regarding the social and intellectual merits of black Americans, works against the acceptance of affirmative action programs. In sum, it is argued that Professor Sterba’s position continues to put the social onus of changing racial attitudes on blacks with little or no effort on the part of whites other than allowing blacks admittance to formerly segregated educational institutions to interact with white students. (shrink)

In the wake of court rulings that have forced university administrators to reevaluate affirmative action policies, this balanced, thoughtful book examines three typical defenses of those policies: that affirmative action compensates for past discrimination; that it provides role models and ensures diversity; and that it corrects for systemic bias against women and racial minorities.

This article argues that because racial inequalities are embedded in American society, as well as in medicine, more evidence-based investigation of the effects and implications of affirmative action is needed. Residency training programs should also seek ways to recruit medical students from underrepresented groups and to create effective mentorship programs.

Hastings Center Report, Volume 52, Issue 1, Page 21-28, January/February 2022.

In this paper, I endorse the decision of the Supreme Court of the U.S. in Bollinger v. Grutter (2003). I argue that the educational benefits of diversity are an important enough state interest to justify the use of racial preferences and that, especially due to the absence of race-neutral alternatives, this use of racial preferences is narrowly tailored to that state interest. However, I also indicate that I am willing to give up my support for diversity affirmative (...) action in the U.S. for a $25 billion a year education program to put in place a quality educational system K through 12 for every child in the country. Unfortunately, I have yet to find any critics of affirmative action who are also willing to support such a program. (shrink)

-/- CONCLUSION “The experience in California is clear. Affirmative action has helped to dismantle barriers such as "old boys' networks" that have excluded not only women and individuals of racial or ethnic minorities, but also white American men who did not belong to networks of privilege. Affirmative action has also worked to ensure that our schools, workplaces, and other social institutions fully use our diverse talents, thereby helping our government and social institutions to better serve their (...) communities. -/- In short, affirmative action has helped to bring out the best in us as a society. It challenges us to have the courage of our convictions that: (1) we do want a truly equal opportunity society; and (2) we believe that all Americans, including women and minorities, are competent individuals who have talents to contribute. Passing the CCRI would completely eliminate affirmative action, and thus have the same effect as "throwing the baby out with the bathwater." The "baby" —active and affirmative commitment to equal opportunity— is barely out of its infancy. We must not now abandon our commitment, just when we have taken our first steps towards creating a truly equal opportunity society.” -/- (This essay was written against the backdrop of legislative efforts in the mid 1990s, to overturn “affirmative action” policies at educational institutions, which had given more equal access to higher education for students from previously under-represented communities, particularly white women but also racialized communities. By mischaracterizing affirmative action programs as “gender or racial preferences”, opponents were able to pass the 1996 ballot measure, Proposition 209, the so-called “California Civil Rights Initiative” (CCRI). The ban on “preferences” gained the support of 54.6% of all California voters, including 58% of white women and 66% of white men voters. Use of language was key, as a slight majority of Americans approved of some affirmative actions but opposed racial preferences. The CCRI has had a huge toll on Latino and African American enrollment at UC Berkeley and UCLA, which has never recovered. State contracts for firms owned by women and minorities also dropped sharply. Similar initiatives failed in some states but succeeded elsewhere. See online Encyclopedia). (shrink)

In my comments on Prof. Sterba’s paper, I argue that evidence about the educational value of racial preferences reveals not that these policies produce good educational outcomes, but that schools use racial preferences regardless of whether they produce desirable outcomes. I further argue that in the absence of objective evidence about the value of racial preferences, proponents of these policies tend to rely on personal anecdotes. Often, these anecdotes reveal complex institutional and personal motives having little to do with the (...) objective value of racial diversity. (shrink)

Prominent ethical and policy issues such as affirmative action and female enrollment in science and engineering revolve around the idea that diversity is good. However, a precise definition is seldom provided. I show that diversity may be construed as a factual description, a craving for symmetry, an intrinsic good, an instrumental good, a symptom, or a side effect. These acceptions differ vastly in their nature and properties. Some are deeply mistaken and some others cannot lead to (...) concrete policies. It is thus necessary to clarify what one means by ‘diversity.’ It may be a neutral description of a given state; but this is insufficient to act. The idea that there should be the same representation in a specific context as in the overall population is both puzzling and arbitrary. Diversity as intrinsic good is a mere opinion, which cannot be concretely applied; moreover, the most commonly invoked forms of diversity are not intrinsically good. On the other hand, diversity as instrumental good can be evaluated empirically and can give rise to policies, but these may be very weak. Finally, symptoms and side effects are not actually about diversity. I consider the example of female enrollment in science and engineering, interpreting the various arguments found in the literature in light of this polysemy. (shrink)

Oswald de Andrade’s « Cannnibal Manifesto » was anticipative in its apprehension of the Brazilian dynamic as it emerged from its European colonial heritage projecting itself towards the future. As Brasil entered modernity, what Oswald observed was « a country of the future », not from the perspective of the dynamic of a construction of a national trajectory of development, but from the perspective of the development of the indigenous Brazilian relation to colonial alterity. The anthropophagic revolution, as it projected (...) the Indians into the world, rested on a theory of multiplicity and not of « diversity ». Anti-colonialism was not a form of nationalism, but a war machine which served to take what we wanted in the rich Europe. (shrink)

In Grutter, preferential treatment was held to be Constitutional on the basis of the contribution of “diverse” students to the education of their classmates. An implicit assumption in this argument, at least given how schools such as Michigan have interpreted it, is that the contribution involves making it more likely that the other students adopt the beliefs (or perspective) of the minorities. Three beliefs seem relevant here: justice is concerned with equality, racial and ethnic minorities are currently treated unequally, and (...) the state has a mandate to combat this type of injustice. I argued that the first two beliefs are likely false and that in any case they are already well represented on campuses. If my arguments succeed, then this narrow experiential diversity argument is incapable of establishing the moral permissibility, let alone Constitutionality, of these programs. A broader consequentialist argument may avoid this objection but only at the extent of introducing Constitutionally irrelevant considerations. (shrink)

Media, politicians, and the courts portray college campuses as divided over diversity and affirmative action. But what do students and faculty really think? This book uses a novel technique to elicit honest opinions from students and faculty and measure preferences for diversity in undergraduate admissions and faculty recruitment at seven major universities, breaking out attitudes by participants' race, ethnicity, gender, socio-economic status, and political partisanship. Scholarly excellence is a top priority everywhere, but the authors show that (...) when students consider individual candidates, they favor members of all traditionally underrepresented groups - by race, ethnicity, gender, and socio-economic background. Moreover, there is little evidence of polarization in the attitudes of different student groups. The book reveals that campus communities are less deeply divided than they are often portrayed to be; although affirmative action remains controversial in the abstract, there is broad support for prioritizing diversity in practice. (shrink)

This paper examines the evolving pattern of gender diversity of the boards of directors of leading Norwegian and British companies on a longitudinal basis. The period covered by the study covers the run up to proposed affirmative action legislation in Norway and, as such, affords an insight into corporate actions in this emerging institutional context. The findings demonstrate that, while board diversity has grown substantially in both countries in recent years, it has done so considerably more (...) rapidly in Norway than in the United Kingdom. The analysis highlights the sectoral variation between the countries in the pattern and growth of board diversity and suggests that the vast majority of the overall growth in board diversity is the result of changing firm behaviour rather than sectoral shift in the United Kingdom or Norwegian economies. It is also shown that as diversity has increased there has been no fall in how experienced female directors are; neither is there evidence of a rise in the number of boards that female directors sit on. This suggests that the rapid growth in board diversity has been achieved without any fall in the quality of female directors. (shrink)

This paper examines the evolving pattern of gender diversity of the boards of directors of leading Norwegian and British companies on a longitudinal basis. The period covered by the study covers the run up to proposed affirmative action legislation in Norway and, as such, affords an insight into corporate actions in this emerging institutional context. The findings demonstrate that, while board diversity has grown substantially in both countries in recent years, it has done so considerably more (...) rapidly in Norway than in the United Kingdom. The analysis highlights the sectoral variation between the countries in the pattern and growth of board diversity and suggests that the vast majority of the overall growth in board diversity is the result of changing firm behaviour rather than sectoral shift in the United Kingdom or Norwegian economies. It is also shown that as diversity has increased there has been no fall in how experienced female directors are; neither is there evidence of a rise in the number of boards that female directors sit on. This suggests that the rapid growth in board diversity has been achieved without any fall in the quality of female directors. (shrink)

Currently, an increasing number of organizations are attempting to enhance inclusiveness of under represented individuals through proactive efforts to manage their diversity. In this article, we define diversity management against the backdrop of its predecessor, affirmative action. Next, selected examples of organizations that have experienced specific positive bottom line results from diversity management strategies are discussed. The present paper also provides a conceptual model to examine antecedents and consequences of effective diversity management. Additional research (...) areas identified from the model and literature review result in a number of research propositions intended to enhance the exploration and understanding of diversity management. (shrink)

L'actualité sociolinguistique des Départements français de la Caraïbe et de l'Océan indien illustre les contradictions internes qui agitent les sociétés créoles. Elle souligne également la difficulté que rencontrent ces territoires pour envisager leurs rapports entre eux. L'action de l'État destinée à valoriser les langues et cultures régionales dans la République, a relancé le débat public sur la question linguistique dans les aires créolophones françaises. L'existence d'un ou plusieurs créoles, les modalités de son écriture, les critères de sa généralisation dans (...) le cadre de son enseignement comme langue, sont au coeur du débat. Les défenseurs du créole écrit chercheraient à substituer une langue déviante et savante aux langues vernaculaires, niant de fait les particularités linguistiques de chaque territoire au profit d'un espéranto créole. L'analyse du développement d'un mouvement de revendications linguistique et culturelle dans les aires créoles françaises montre l'existence d'une dynamique identitaire revisitée à partir de la diversité culturelle de ces territoiresFrom a sociolinguistic standpoint the French “Departments” of the Caribbean and the Indian Ocean currently illustrate internal contradictions within Creole societies. These territories are also confronted with difficulties in establishing relationships between themselves. State action destined to promote regional languages and cultures in France has renewed public debate on the linguistic issue in French Creole speaking areas. The existence of one or several varieties of Creole, their modes of writing, the criteria of their generalisation in the context of how they are taught as a language, are all at the very centre of the debate. It is possible that the defenders of written Creole try to substitute a deviant and academic language for vernacular languages thus denying in fact the linguistic particularities of each territory in favour of a kind of Creole esperanto. The analysis of the development of a linguistic and cultural movement claiming a better status in French Creole areas shows the existence of revisited identity dynamics from the cultural diversity in those territories. (shrink)

The purpose of this study is to examine how workgroup diversity can be managed through specific strategic human resource management systems. Our review shows that ‘affirmative action’ and traditional ‘diversity management’ approaches have failed to simultaneously achieve business and social justice outcomes of diversity. As previous literature has shown, the benefits of diversity cannot be achieved with isolated interventions. To the contrary, a complete organizational culture change is required, in order to promote appreciation of (...) individual differences. The paper contributes to this discussion by exploring the implications of this change for human resource management, and explaining how the systems of practices should be changed when they are directed to diverse groups. The model designed to test this notion includes: (1) demographic and human capital diversity as independent variables, (2) group performance (measured as innovation outcomes) as the dependent variable and, (3) the orientation of the strategic human resource management system as a potential moderator of this relationship. The main conclusion of the empirical analysis developed is that different patterns of human resource management practices can be used, depending on the type of diversity that the organization faces, and the specific effects that it wishes to manage. Concretely, three alternative management systems are identified in this paper, with different moderating effects. This result has interesting implications for human resource management professionals, explained in the last section. The limitations of this study are also discussed, as well as some issues that future research in this field should address. (shrink)

Affirmative action is standardly pursued in relation to admissions to prestigious universities, in hiring for prestigious jobs, and when it comes to being elected to parliament. Central to these forms of affirmative action is that they have to do with competitive goods. A good is competitive when, if we improve A’s chances of getting the good, we reduce B’s chances of obtaining the good. I call this Competitive Affirmative Action. I distinguish this from Non-competitive (...) Affirmative Action. The latter has to do with non-competitive goods, e.g., being granted early parole or freedom from arbitrary arrest. I argue that some of the most prominent objections against affirmative action—in particular, the reverse discrimination objection and the merit objection—speak less against Non-competitive Affirmative Action. And that some of the most prominent arguments in favor of affirmative action, insofar as they justify Competitive Affirmative Action, also justify Non-competitive Affirmative Action. (shrink)

This article investigates the hitherto under-examined relations between affirmative action, paternalism and respect. We provide three main arguments. First, we argue that affirmative action initiatives are typically paternalistic and thus disrespectful towards those intended beneficiaries who oppose the initiatives in question. Second, we argue that not introducing affirmative action can also be disrespectful towards these potential beneficiaries because such inaction involves a failure to adequately recognize their moral worth. Third, we argue that the paternalistic (...) disrespect involved in affirmative action is alleviated when the potential beneficiaries’ preferences against such initiatives are adaptive. We conclude that although there is a relevant sense in which paternalistic affirmative action is disrespectful, it may well be more disrespectful not to pursue such policies. (shrink)

This essay is part of a symposium on affirmative action that took place at the University of Cincinnati with the distinguished legal scholar Ronald Dworkin. I argue against affirmative action. And I discuss at length the votes of Justice Sandra Day O'Connor and the dissent of Justice Clarence Thomas. I develop the idea of idiosyncratic excellence; and I argue that diversity is a weakness insofar as it (a) an excuse for social myopia and (b)an impediment (...) to individuals seeing beyond their differences and affirming the excellences that they witness. The expected publication date, Univ of Cinn Law Review, is March 2004. (shrink)

Over the past 50 years the diversity of higher education faculty in the mathematical, physical, computer, and engineering sciences has advanced very little at 4-year universities in the United States. This is despite laws and policies such as affirmative action, interventions by universities, and enormous financial investment by federal agencies to diversify science, technology, mathematics, and engineering career pathways into academia. Data comparing the fraction of underrepresented minority postdoctoral scholars to the fraction of faculty at these institutions (...) offer a straightforward empirical explanation for this state of affairs. URM postdoc appointments lag significantly behind progress in terms of both undergraduate and Ph.D.-level STEM student populations. Indeed, URM postdoc appointments lag well-behind faculty diversity itself in the MPCES fields, most of which draw their faculty heavily from the postdoctoral ranks, particularly at research-intensive universities. Thus, a sea-change in how postdocs are recruited, how their careers are developed, and how they are identified as potential faculty is required in order to diversify the nation’s faculty, and particularly the R1 MPCES professoriate. Our research shows that both Ph.D. students and postdocs benefit from intentional structure at various levels of their respective “apprentice” experiences, a factor that we believe has been neglected. Several key structural approaches are highly effective in these regards: A collaborative approach in which leading research universities collectively identify outstanding URM candidates; Faculty engagement in recruiting and supporting these postdocs; Inter-institutional exchange programs to heighten the visibility and broaden the professional experiences of these postdocs; Community-building activities that create a sense of belonging and encourage continuing in academia for each cohort; and Continuing research based on outcomes and new experimental approaches. The California Alliance, consisting of UC Berkeley, UCLA, Caltech, and Stanford, has been engaged in such a program for almost a decade now, with most of the California Alliance URM postdocs now in tenure track positions or on the path toward careers as faculty at research intensive institutions. If this approach was brought to scale by involving the top 25 or so URM Ph.D.-producing R1 institutions in the MPCES fields, about 40% of the national URM postdoctoral population in these fields could be affected. Although this impact would fall short of bringing URM MPCES faculty ranks up to full representation of the United States population as a whole, it would vastly improve the outlook for URM students and their aspirations to take on leadership roles as scientists and engineers. (shrink)

My paper addresses a topic--the implications of Rawls's justice as fairness for affirmative action--that has received remarkably little attention from Rawls's major interpreters. The only extended treatments of it that are in print are over a quarter-century old, and they bear scarcely any relationship to Rawls's own nonideal theorizing. Following Christine Korsgaard's lead, I work through the implications of Rawls's nonideal theory and show what it entails for affirmative action: viz. that under nonideal conditions, aggressive forms (...) of formal equality of opportunity (e.g., sensitivity training, outreach efforts, external monitoring and enforcement) and compensating support (e.g., special fellowship programs, childcare facilities, mentoring, co-op opportunities, etc.) can be justified, but that "hard" and even "soft" quotas are difficult to defend under any conditions. I conclude the paper by exploring the implications of these surprising results for contemporary liberalism more broadly and for constitutional law and public policy. (shrink)

I argue that the post-1990 practice of giving leadership positions in companies to non-ex-communists is an example of affirmative action.

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is,those things any rational person would desire, such as opportunities, liberties,rights, wealth, and the bases of self-respect. (1) Rawls' method of adopting the"original position" is supposed to yield a "fair" way of distributing such goods.A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be compensated, since history (...) suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

I defend impact-based accounts of institutional racism against the criticism that they are over-inclusive. If having a negative impact on non-whites suffices to make an institution racist, too many institutions (including institutions whose affirmative action policies inadvertently harm its intended beneficiaries) would count as racist. To address this challenge, I consider a further necessary condition for these institutions to count as racist—they must stand in a particular relation to racist ideology. I argue that, on the impact-based model, institutions (...) are racist if they have a negative racial impact AND this impact is legitimized by racist ideology. Racist ideologies limit social criticism of and collective action against institutions that have a negative racial impact, and in so doing, lend stability to systems of racial domination. (shrink)

Affirmative action is often implemented as a way of making redress to victims of past injustices. But critics of this practice have launched a three-pronged assault against it. Firstly, they point out that beneficiaries of preferential policies tend not to benefit to the same extent as they were harmed by past injustices. Secondly, when its defenders point to the wider benefits of affirmative action , critics maintain that such ends could never be sufficiently weighty to permit (...) violating equal treatment. And, thirdly, critics dispute whether the alleged benefits of affirmative action really ensue. I argue this three-pronged assault is flawed at the conceptual level. Firstly, it operates with an impoverished conception of redress. When X wrongs Y, X does not make exhaustive redress to Y by compensating Y for the harm Y suffered due to X’s wrong action. Redress also requires rectification of the wrong: X must put right the wrong done to Y by making adequate amends. While the means of compensation are determined by the extent of the harm for which compensation is due, the adequacy of amends for a wrong is less tightly controlled by the nature of the wrong. So, secondly, it is perfectly right that the choice of amends be informed by the prospect of wider benefits. Whether, thirdly, these benefits are in fact in prospect in the case of affirmative action is an empirical question which philosophy cannot answer. (shrink)

According to the relational egalitarian theory of justice, justice requires that people relate as equals. To relate as equals, many relational egalitarians argue, people must (i) regard each other as equals, and (ii) treat each other as equals. In this paper, we argue that, under conditions of background injustice, such relational egalitarians should endorse affirmative action in the ways in which (dis)esteem is attributed to people as part of the regard-requirement for relating as equals.

This chapter contains sections titled: Affirmative Action and Prejudice The Talented Tenth Objections.