Affirmative Action

Compensatory Argument

Diversity Argument

Proponents of Affirmative Action

"in the name of common good"

compensating for past wrongs

Views affirmative action as compensation for past wrongs

creates a desirable student body

students are able to learn more from one another when they are not from similar backgrounds

Argues minority students should be given preference to make up for a history of discrimination that has placed them at an unfair disadvantage.

Different Cases

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broadens the range of intellectual and cultural perspectives

treats admissions as a benefit to recipient and seeks to distribute that benefit in a fashion that compensates for past injustices and their lingering affects.

equipping disadvantaged minorities with the opportunities of leadership and professional roles helps further the university's "civic purpose and contributes to the common good

Cheryl Hopwood Case

Applied for the University of Texas Law school and didn't get it because she was a white student. Even though black students with lower scores got accepted. She argues that she is a victim of discrimination.

Bakke Case

Supreme Court ruling that upheld affirmative action, which meant it allowed race to be a factor in college admission policy.

Critiques

Critiiques

some critics believe that those who profit from affirmative action are not always those who've suffered

practical objection

principled objections

They also argue that those who pay compensation are rarely responsible for the wrongs

Justice with Moral desert

claims that affirmative action is not unjust, but rather unlikely to achieve its goals and may do more harm instead of good

Success is the crown of virtue, and determines strength based on fortune

Critics state middle-class minority students that don't experience the hardships of their Latino and Black counterparts of lower socio-economic standing

objections

Jobs and opportunities are rewarded as they deserve to run deep

questions how effective affirmative action truly is

does not reduce prejudice and inequalities

will not bring about a more diverse society

damage the morale and self-esteem of minority students

overall, increase racial tensions and resentment among everyone

Distributive justice is about the qualities of what is worthy to be honored

The theory is complicated, and denied schools, university and offices, etc, the freedom of finding their mission and purposes.

See Cheryl Hopwood Case

Correcting for bias in standardized tests

Compensating for past wrongs

Promoting diversity

Rights

Do Racial Preferences Violate Rights?

objection: however worthy the goal of a more diverse classroom or equal society, and however successful affirmative action policies are, its not fair to use race/ethnicity in admissions

violates rights of applicants who are put at "competitive disadvantage"

basically if its not "fair" to white people it shouldn't be implemented despite centuries of systemic racism putting them at a competitive advantage

Utilitarian response: objection doesn't care much weight.
Affirmative action would rely upon the academic/social/civic benefits produced vs white applicants disappointment

Kantian and Rawlsian response: desirable ends do not override individual rights

There are no rights to higher education