Equality and Preferential Treatment

Equality and Preferential Treatment
Author: Marshall Cohen
Publisher: Princeton University Press
Total Pages: 234
Release: 1977-08-21
Genre: Law
ISBN: 9780691019888

These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged groups. If the situation of women and minorities improves so that their opportunities are equal to those of more favored groups, will they then be in a competitive position conducive to equal achievement? If not, can preferential hiring or preferential admission to educational institutions be justified? The contributors explore the complexities of this problem from several points of view. The discussions in Part I are more theoretical and concentrate on the application to this case of general considerations from ethical theory. The discussions in Part II also take up theoretical questions, but they start from specific problems about the constitutionality and the effectiveness of certain methods of achieving equality and counteracting discrimination. The two groups of essays demonstrate admirably the close connection between moral philosophy and questions of law and policy. The issues discussed include compensation, liability, victimization, the significance of group membership, the intrinsic importance of racial, sexual, or meritocratic criteria, and the overall effects of preferential policies.

Affirmative Action and Racial Preference

Affirmative Action and Racial Preference
Author: Carl Cohen
Publisher: Oxford University Press, USA
Total Pages: 424
Release: 2003
Genre: Affirmative action programs
ISBN:

Cohen and Sterba, two contemporary philosophers in sharp opposition, debate the value of affirmative action and racial preference. They defend thier views with analysis and commentay on landmark cases - including the decisions of the United States Supreme Court and the University of Michigan admissions cases, Gratz and Grutter.

Against Equality of Opportunity

Against Equality of Opportunity
Author: Matt Cavanagh
Publisher: Clarendon Press
Total Pages: 234
Release: 2002-02-14
Genre:
ISBN: 0191584045

Against Equality of Opportunity deals with the ways in which opportunities - education, jobs and other things which affect how people get on in life - are distributed. Take jobs: should the best person always get the job? Or should everyone be given an equal 'life chance'? Or can we somehow combine these two ideas, saying that the best person should always get the job, but that everyone should have an equal chance to become the best? These seem to be the standard views, but this book argues that they are all flawed. We need to understand meritocracy for what it is - a technical rather than a moral ideal; and we need to accept that equality just isn't something we should be striving for at all in this area. We also need to rethink our approach to the related issue of discrimination. We tend to assume discrimination is wrong because it violates either meritocracy or equality, when in fact it is wrong for quite different reasons. In all these areas, then, Cavanagh aims to loosen the grip of established ways of thinking, in order that other ideas might find room to breathe. This is particularly important in the case of meritocracy, which after the recent conversion of the centre-left now dominates the debate more than ever. This book will be of interest to students and teachers of political philosophy, but ultimately it is aimed at anyone who cares about the fundamental values that lie behind the way society is organized. Though the argument is rigorous, it does not require a professional philosophical training to follow it.

Giving Desert Its Due

Giving Desert Its Due
Author: Wojciech Sadurski
Publisher: Springer Science & Business Media
Total Pages: 333
Release: 2013-03-09
Genre: Philosophy
ISBN: 9401577064

During the last half of the twentieth century, legal philosophy (or legal theory or jurisprudence) has grown significantly. It is no longer the domain of a few isolated scholars in law and philosophy. Hundreds of scholars from diverse fields attend international meetings on the subject. In some universities, large lecture courses of five hundred students or more study it. The primary aim of the Law and Philosophy Library is to present some of the best original work on legal philosophy from both the Anglo-American and European traditions. Not only does it help make some of the best work avail able to an international audience, but it also encourages increased awareness of, and interaction between, the two major traditions. The primary focus is on full-length scholarly monographs, although some edited volumes of original papers are also included. The Library editors are assisted by an Editorial Advisory Board of internationally renowed scholars. Legal philosophy should not be considered a narrowly circumscribed field.

Culture and Equality

Culture and Equality
Author: Brian Barry
Publisher: John Wiley & Sons
Total Pages: 606
Release: 2013-05-02
Genre: Philosophy
ISBN: 0745665640

All major western countries today contain groups that differ in their religious beliefs, customary practices or ideas about the right way in which to live. How should public policy respond to this diversity? In this important new work, Brian Barry challenges the currently orthodox answer and develops a powerful restatement of an egalitarian liberalism for the twenty-first century. Until recently it was assumed without much question that cultural diversity could best be accommodated by leaving cultural minorities free to associate in pursuit of their distinctive ends within the limits imposed by a common framework of laws. This solution is rejected by an influential school of political theorists, among whom some of the best known are William Galston, Will Kymlicka, Bhikhu Parekh, Charles Taylor and Iris Marion Young. According to them, this 'difference-blind' conception of liberal equality fails to deliver either liberty or equal treatment. In its place, they propose that the state should 'recognize' group identities, by granting groups exemptions from certain laws, publicly 'affirming' their value, and by providing them with special privileges or subsidies. In Culture and Equality, Barry offers an incisive critique of these arguments and suggests that theorists of multiculturism tend to misdiagnose the problems of minority groups. Often, these are not rooted in culture, and multiculturalist policies may actually stand in the way of universalistic measures that would be genuinely beneficial.

Discrimination in Reverse

Discrimination in Reverse
Author: Barry R. Gross
Publisher: New York : New York University Press
Total Pages: 194
Release: 1978
Genre: Affirmative action programs
ISBN:

Monograph arguing against the practice of 'reverse discrimination' with regard to equal opportunities for minority groups in the USA - maintains that affirmative action programmes entailing sex discrimination, religious discrimination or racial discrimination, etc. Serve to contribute to the problem of inequality rather than to its alleviation, and includes definitions of the different kinds of discrimination. Bibliography pp. 150 to 168.

Equal Means Equal

Equal Means Equal
Author: Jessica Neuwirth
Publisher: New Press, The
Total Pages: 139
Release: 2015-01-05
Genre: Law
ISBN: 1620970481

When the Equal Rights Amendment was first passed by Congress in 1972, Richard Nixon was president and All in the Family's Archie Bunker was telling his feisty wife Edith to stifle it. Over the course of the next ten years, an initial wave of enthusiasm led to ratification of the ERA by thirty-five states, just three short of the thirty-eight states needed by the 1982 deadline. Many of the arguments against the ERA that historically stood in the way of ratification have gone the way of bouffant hairdos and Bobby Riggs, and a new Coalition for the ERA was recently set up to bring the experience and wisdom of old-guard activists together with the energy and social media skills of a new-guard generation of women. In a series of short, accessible chapters looking at several key areas of sex discrimination recognized by the Supreme Court, Equal Means Equal tells the story of the legal cases that inform the need for an ERA, along with contemporary cases in which women's rights are compromised without the protection of an ERA. Covering topics ranging from pay equity and pregnancy discrimination to violence against women, Equal Means Equal makes abundantly clear that an ERA will improve the lives of real women living in America.

Migration and Discrimination

Migration and Discrimination
Author: Rosita Fibbi
Publisher: Springer Nature
Total Pages: 105
Release: 2021-04-08
Genre: Social Science
ISBN: 3030672816

This open access short reader provides a state of the art overview of the discrimination research field, with particular focus on discrimination against immigrants and their descendants. It covers the ways in which discrimination is defined and conceptualized, how it is measured, how it may be theorized and explained, and how it might be combated by legal and policy means. The book also presents empirical results from studies of discrimination across the world to show the magnitude of the problem and the difficulties of comparison across national borders. The concluding chapter engages in a critical discussion of the relationship between discrimination and integration as well as pointing out promising directions for future studies. As such this short reader is a valuable read to undergraduate students, as well as graduate students, scholars, policy makers and the general public.