Affirmative action and justice : a philosophical and constitutional inquiry
Author(s)
Bibliographic Information
Affirmative action and justice : a philosophical and constitutional inquiry
Yale University Press, c1991
- : pbk
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Note
Bibliography: p. [353]-358
Includes index
Description and Table of Contents
- Volume
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ISBN 9780300047813
Description
In this book Michel Rosenfeld provides virtually the first interdisciplinary analysis of affirmative action. Rosenfeld offers a critical examination of the major existing philosophical and constitutional theories on affirmative action and elaborates a new theory that strongly defends the justice of affirmative action from both the standpoint of both philosophy and constitutional law. Rosenfeld begins by discussing the treatment of affirmative action under each of the four major philosophical conceptions of equality consistent with the tenets of liberal political philosophy. He then examines the Supreme Court's rulings on affirmative action in the light of evolving conceptions of the constitutional right to equal protection. Finally, he presents his new theory which aims to provide a unified philosophical and constitutional justification of affirmative action.
Table of Contents
- Part 1 Liberal political philosophy and affirmative action: definition of key concepts ad delimitation of scope of analysis
- libertarian justice and affirmative action
- contractarian justice and affirmative action
- utilitarian justice and affirmative action
- egalitarian justice and affirmative action. Part 2 Constitutional equality and affirmative action: constitutional equality and equal protection
- the consitutional dimension of affirmative action. Part 3 Equality difference and consensus: toward and integrated conception of the justice of affirmative action
- the limitations of the major liberal philosophical conceptions of the justice of affirmative action
- justice as reversibility, equality, and the right to be different
- toward an integrated philosophical and constitutional justification of affirmative action.
- Volume
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: pbk ISBN 9780300055085
Description
Affirmative action has been one of the most hotly debated issues in America. In the wake of numerous Supreme Court decisions on the subject, the ethical and constitutional controversy over affirmative action has recently intensified. The Court has neither clearly delineated the nature and scope of constitutionally permissible affirmative action plans nor articulated a coherent judicial philosophy to justify its seemingly incoherent decisions. Although philosophers and legal scholars have written extensively on affirmative action, where have been virtually no comprehensive attempts at interdisciplinary analysis. In this book Michel Rosenfeld provides such an analysis, critically examining the major existing philosophical and constitutional theories on affirmative action and elaborating a new theory that strongly defends the justice of affirmative action from the standpoint of both philosophy and constitutional law.
Rosenfeld begins by discussing the treatment of affirmative action under each of the four major philosophical conceptions of equality consistent with the tenets of liberal political philosophy: libertarian, contractarian, utilitarian, and egalitarian. He then examines systematically the Supreme Court's rulings on affirmative action in light of evolving conceptions of the constitutional right to equal protection. Finally, he presents his new theory. Drawing upon Kohlberg's principle of justice as reversibility and upon Habermas' theory of communicative ethics, Rosenfeld advocates adopting a principle that he calls "justice as reversible reciprocity" as the best means to integrate various relevant perspectives and to provide a unified philosophical and constitutional justification of affirmative action.
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