How Lawful? How Fair?

Paper Summary:

In this article, the writer looks at the issue of affirmative action and discusses its fairness. The writer first explains that affirmative action consists of positive steps to increase the representation of certain groups in employment, education or business where they have been historically excluded. These steps involve preferential selection according to race, gender or ethnicity. The writer maintains that part of the rightness and the fairness of affirmative action must be its moral authority. The writer then discusses the concept of affirmative action as a method to address and close the racial gap. The writer describes affirmative action as corrective justice and looks at two affirmative action cases.

From the Paper:

"Corrective justice is different from the fair distribution of goods, according to philosopher Jules Coleman.
It compensates deprived groups for previous losses to gains unfairly obtained by others through government action. It seeks out interventions, which would repair past unjust decisions. But advocates must contend with matters involving fairness and legitimacy. So far, they have not come up with clear and defensible principles to match the arguments and rhetoric of opponents. Advocates have developed only broad claims for compensation for a long history of slavery, segregation and other forms of racism. Their reasoning is usually less developed and convincing than that of their opponents. Their theory has been hardly articulated, much less defined. Even their arguments in the Supreme Court have been one-sided and cannot pit strength with the sharp, tried and pragmatic position of their opponents."

Sample of Sources Used:

• Katznelson, I. (2006). When is affirmative action fair? 19 pages. Social Research: New School for Social Research
• National Review (1995). Courting trouble. 2 pages. National Review, Inc.: Gale Group
• O'Sullivan, J. (2003). Affirmative action forever? 5 pages. National Review: National Review, Inc.
• Paul, P. (2003). The legacy of affirmative action. 2 pages. Media Central, Inc.: PRIMEDIA Company
• ----------------. The bottom line: most Americans Seem to Back affirmative action. 2 pages.

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