By Daniel Sabbagh

ISBN-10: 023060739X

ISBN-13: 9780230607392

ISBN-10: 1403963827

ISBN-13: 9781403963826

Can affirmative motion regulations be convincingly justified? and the way have they been legitimized over the years? In a pluridisciplinary standpoint on the intersection of political thought and the sociology of legislation, Daniel Sabbagh criticizes the 2 triumphing justifications recommend in want of affirmative motion: the corrective justice argument and the variety argument. He defends the coverage as a substitute as an tool designed to result in the deracialization of yank society. during this appreciate, even though, affirmative motion calls for a degree of dissimulation in an effort to succeed. Equality and Transparency explains why this is often so and gives a brand new interpretation of the strategic part within the perfect Court's case legislations whereas choosing a few of its such a lot notable unintended effects.

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Extra info for Equality and Transparency: A Strategic Perspective on Affirmative Action in American Law (CERI Series in International Relations a)

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Ethnoracial classification system. As a matter of fact, compared with other “nations of immigrants” that are often made up of people coming from a small number of countries (England and the British Isles for Australia, Italy and Spain for Argentina, China for Malaysia), one of the distinctive features of American immigration over time is the extraordinary diversification of its components, a development further encouraged by post-1965 policies. 42 Whereas in 1960, blacks made up 96 percent of all individuals belonging to the four minorities of the “ethnoracial pentagon”43 (blacks, Hispanics, Asians, Native Americans), they only accounted for 50 percent in 199044 and 43 percent in 2000.

First, one may wonder whether it is appropriate for speculative propositions to play such a decisive role in yielding authoritative prescriptions. Second, and most importantly, since the reasoning applies to transactions where the freedom of individuals is presumably reflected in their actual choices, this is a domain where one simply cannot assume the existence of a definable, factual truth waiting to be uncovered. This whole speculative endeavor thus rests on very shaky ground. Finally, moving beyond the discussion of Nozick’s theory, the restoration paradigm applied on an individual level raises yet another difficulty, namely, the practical impossibility of granting each individual who experienced discrimination the exact amount of preferential treatment needed to restore what would have been his or her competitive status had this injustice not occurred, given the remaining uncertainty about the effect that this improvement of his or her life chances would have had on the degree of effort that each would then have made.

32 In this domain there is simply no criterion on the basis of which to derive a synchronic assessment of a given distributive pattern located somewhere in the transactional process; the quality of “fairness” can only be transferred from that process to its end result. For the process to be fair, the agents involved in such transactions must have acquired their property titles through legitimate means and their decisions must not have been coerced. It is therefore possible that “two structurally identical distributions” should not be “equally just”:33 their degree of fairness cannot “be identified apart from .

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Equality and Transparency: A Strategic Perspective on Affirmative Action in American Law (CERI Series in International Relations a) by Daniel Sabbagh


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