Affirmative Action

This article argues that because racial inequalities are embedded in American society, as well as in medicine, more evidence-based investigation of the effects and implications of affirmative action is needed. Residency training programs should also seek ways to recruit medical students from underrepresented groups and to create effective mentorship programs.

A significant body of evidence shows that law schools and many elite colleges use large admissions preferences based on race, and other evidence strongly suggests that large preferences can undermine student achievement in law school and undergraduate science majors, thus producing highly counterproductive effects. This article draws on available evidence to examine the use of racial preferences in medical school admissions, and finds strong reasons for concern about the effects and effectiveness of current affirmative action efforts. The author calls for (...) better data and careful investigation of several identified patterns. (shrink)

(OPEN ACCESS) This paper offers a novel substantive justification for mandatory electoral quotas—e.g., gender or racial quotas—and a new methodological approach to their justification. Substantively, I argue for a political egalitarian account of electoral quotas. Methodologically, based on this account and a political egalitarian grounding of political participatory rights, I offer an alternative to the External Restriction Approach to the justification of electoral quotas. The External Restriction Approach sees electoral quotas as at best justified restrictions on political participatory rights. I (...) argue for the Internal Restriction Approach instead, which can justify electoral quotas by specifying the pro tanto scope of political participatory rights rather than by justifying restrictions on the pro tanto scope of these rights. On this approach, adequately set electoral quotas do not even conflict with and are not balanced against political participatory rights, while electoral quotas—when justified—are pro tanto required rather than merely permitted. (shrink)

I defend affirmative action on the ground that it increases certain people’s ability to exercise their basic liberties, rather than because it rectifies injustice in the narrow context of educational admission procedures. I present this justification using a Rawlsian contractualist framework to forge a “nonideal principle of justice.” Drawing on social science, I argue that this principle supports affirmative-action policies like those in the contemporary U.S., and blocks the objection that such policies are unfair. In closing, I show how my (...) account can be used to refine some features of contemporary affirmative-action policies, and I reflect more generally on the value of nonideal principles of justice for tackling exigent topics. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is, those things any rational person would desire, such as opportunities, liberties, rights, wealth, and the bases of self-respect. Rawls' method of adopting the "original position" is supposed to yield a "fair" way of distributing such goods. A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be (...) compensated, since history suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

In A Theory of Justice, John Rawls presents a method of determining how a just society would allocate its "primary goods"-that is,those things any rational person would desire, such as opportunities, liberties,rights, wealth, and the bases of self-respect. (1) Rawls' method of adopting the"original position" is supposed to yield a "fair" way of distributing such goods.A just society would also have the need (unmet in the above work) to determine how the victims of injustice ought to be compensated, since history (...) suggests that social contracts are likely to be violated. This paper is an attempt to determine the remedial measures that would be selected using Rawls' method. I contend that only two of the three most widely used "affirmative action" policies would be selected from the original position. I also sketch another compensatory policy that would pass Rawls' fairness test. (shrink)

Shortened and mildly revised version of an essay that initially appeared in Murove (ed.) African Ethics (2009). This chapter is a work of applied ethics that aims to provide a convincing comprehensive account of how a government official in a post-independence sub-Saharan country should make decisions about how to allocate goods such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients, or might it be appropriate to consider, for (...) example, family membership, party affiliation, race, or revolutionary stature as reasons to benefit certain individuals at some cost to the public? Which of these factors should be considered an unjust or corrupt basis on which to allocate state goods and which should not? Drawing on an African ethic, this chapter answers these questions with what it calls a “moderate partialism,” according to which a government agent may rightly favor at some cost to the public veterans and victims of state injustices, but not those in her family or party. This chapter seeks to provide a new, unified explanation of why characteristically sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who suffered from or struggled against colonialism, but forbid other, nepotist or prebendalist forms of partiality. (shrink)

Kasper Lippert-Rasmussen has written a thorough treatment of the morality of affirmative action, concluding ultimately that there are two good arguments that affirmative action is morally justified, and no good arguments that it is morally unjustified. He calls this a cautious positive view, but he believes that whether any particular affirmative action policy is all things considered justified is a question that would require empirical study beyond the scope of the book. So, on the one hand the aims of the (...) book are narrow, however, the conceptual ground it covers is remarkably complete. (shrink)

The SARS-COVID-2 virus that causes the Coronavirus has been having a challenging and devastating impact on finances and jobs worldwide. More specifically, in South Africa, the COVID-19 pandemic is having a crippling effect on jobs. Companies and businesses are struggling to operate and retain workers as revenue streams are drying up. Owners of companies and businesses have been forced to make difficult decisions. An example is the retrenchment of workers by some organizations because of the financial fall-out due to the (...) coronavirus pandemic. Also, before the pandemic, South Africa had unemployment challenges, economic downgrading, and high levels of inequality. These challenges bring to mind what the employment method and strategy will look like during the -COVID-19. In view of these challenges, one question that comes to mind is: given the COVID-19pandemic and the fact that the job losses affected people of all races, should the policies of affirmative action and preferential hiring still be considered in South Africa? Thus, this paper is a philosophical reflection on COVID-19, job losses, affirmative action, and preferential hiring in South Africa. In reflecting on the above, this paper aims to show that affirmative action and preferential hiring should not be considered in South Africa during the -COVID-19. I conclude that in the face of this tragedy, for the sustainability of the economy, everyone needs to work together to re-establish and reconstruct the country and build an inclusive economy. Keywords: Affirmative action, COVID-19 pandemic, Job losses, Preferential hiring, South Africa. (shrink)

Journal of Social Philosophy, EarlyView.

This article argues that anti-discrimination rights are individual rights to be free from wrongful treatment and do not directly advance group-based interests or prohibit group-based harm. In light of this, a number of recurring accounts of the wrong of discrimination, particularly the wrong of indirect discrimination, are unsustainable. Claims that indirect discrimination is concerned with harm that is done to social groups or that laws prohibiting indirect discrimination seek to reduce or eliminate advantage gaps between social groups must be rejected (...) as inaccurate. While principles of non-discrimination and principles of affirmative action often operate harmoniously to foster respect for the moral equality of persons, they each have a general affinity with distinct ethical traditions: deontology and teleology respectively. As such, we should conclude that indirect discrimination provisions are examples of formal and not substantive equality. Where rights to non-discrimination conflict with telic equality goals, UK law protects the rights of the individual. (shrink)

Reprint of a chapter that initially appeared in _African Ethics: An Anthology of Comparative and Applied Ethics_ (2009).

A recent trend in scholarship argues that certain features of affirmative action logic, such as group identification, quotas, and preferential treatments would be contradictory to principles of individual merit, nondiscrimination, and personal achievement that were once advocated by Martin Luther King, jr. On the contrary this paper will argue that King’s authority may be understood to clearly support the emergence of affirmative action principles. Furthermore, King offered an ethical framework that may prove helpful in resolving many of the problems that (...) arise within an affirmative action environment, with special consideration given to gender. (shrink)

African ethics in the world -- The primacy of ubuntu in African ethics -- African ethics and Christianity -- African bioethics -- African business ethics -- African ethics and the environment -- African ethics and political transformation.

Suppose a person lives in a sub-Saharan country that has won its independence from colonial powers in the last 50 years or so. Suppose also that that person has become a high-ranking government official who makes decisions on how to allocate goods, such as civil service jobs and contracts with private firms. Should such a person refrain from considering any particulars about potential recipients or might it be appropriate to consider, for example, family membership, party affiliation, race or revolutionary stature (...) as reasons to benefit certain individuals at some cost to the general public? Which of these factors should be considered unjust, or even corrupt, as a basis on which to allocate state goods and which should not? This chapter outlines an attractive moral theory with African content that forbids both impartialism and a strong form of partialism that would permit government officials to favour members of their families or political parties. Between these two extremes, a moderate partialism is prescribed. This permits government agents to occasionally favour veterans and victims of state injustices at some cost to the general public. This chapter seeks to provide a new, unified explanation of why sub-Saharan values permit some forms of partiality, such as the preferential hiring of those who struggled against colonialism, but prohibit other nepotistic forms of partiality. (shrink)

Affirmative action programs remain controversial, I suspect, partly because the familiar arguments for and against them start from significantly different moral perspectives. Thus I want to step back for a while from the details of debate about particular programs and give attention to the moral viewpoints presupposed in different types of argument. My aim, more specifically, is to compare the “messages” expressed when affirmative action is defended from different moral perspectives. Exclusively forward-looking arguments, I suggest, tend to express the wrong (...) message, but this is also true of exclusively backward-looking arguments. However, a moral outlook that focuses on cross-temporal narrative values suggests a more appropriate account of what affirmative action should try to express. Assessment of the message, admittedly, is only one aspect of a complex issue, but it is a relatively neglected one. My discussion takes for granted some common-sense ideas about the communicative function of action, and so I begin with these. Actions, as the saying goes, often speak louder than words. There are times, too, when only actions can effectively communicate the message we want to convey and times when giving a message is a central part of the purpose of action. What our actions say to others depends largely, though not entirely, upon our avowed reasons for acting; and this is a matter for reflective decision, not something we discover later by looking back at what we did and its effects. The decision is important because “the same act” can have very different consequences, depending upon how we choose to justify it. (shrink)

In analyzing the development of the concept of civil rights since the adoption of the Fourteenth Amendment, two historical accounts seem available. According to the first account, the concept initially encompassed a relatively limited set of rights, associated with the ability of all citizens to engage in the productive activities of the economy and avail themselves of the protection of the legal system. Then the concept gradually expanded to include what had initially been thought of as political rights, such as (...) the right to vote, and then to identify the entire set of rights to equal treatment in all domains of life outside a relatively narrowly-defined private sphere. According to the second account, the concept of civil rights was fuzzy from the outset; although political actors spoke as if they had a clear understanding of distinctions among civil, political, and social rights, close examination of their language shows that the distinctions tended to collapse under slight pressure. (shrink)

The headlines at the outset of 1987 told of Howard Beach, where a group of blacks had been chased, and one killed, because they had unwittingly entered a white enclave in New York City. And they told of Forsythe County, Georgia, where the mere presence of civil rights marchers, in a place from which blacks had been driven three-quarters of a century earlier, brought out depths of antagonism unknown since an earlier era of civil rights marches. Behind both events – (...) indeed, behind almost every question of race to arise in recent years – was the specter of affirmative action. Even as, during the late 1960s, some blamed urban riots on the federal government's failure to achieve equal opportunity between the races by equalizing life outcomes, so in 1987 white antagonisms were regarded in some quarters as a crude reflection of the Reagan administration's hostility towards affirmative action. The rhetoric and the policies of that administration, it was said, contributed to a sentiment that blacks already had their share – indeed, more than their share. Official word and deed contributed also, it was argued, to a resentment against blacks who, because of quotas, had been unfairly advantaged. (shrink)

In my comments on Prof. Sterba’s paper, I argue that evidence about the educational value of racial preferences reveals not that these policies produce good educational outcomes, but that schools use racial preferences regardless of whether they produce desirable outcomes. I further argue that in the absence of objective evidence about the value of racial preferences, proponents of these policies tend to rely on personal anecdotes. Often, these anecdotes reveal complex institutional and personal motives having little to do with the (...) objective value of racial diversity. (shrink)

In order to dismantle the racial and social hierarchy that is the legacy of apartheid, South Africa has followed the lead of Western liberal democracies andappropriated the discourse of affirmative action. This paper argues that current affirmative action policy fails in significant ways because it paradoxically ignores the concrete social and historical conditions of race and racism in South Africa and simply aims to normalize competition among abstract individuals by using a principle of racial neutrality The author argues that social (...) justice will only be achieved in South Africa in a context of deliberative democracy, where effective affirmative action aims at social cooperation, full participation of non-whites in decision-making, and the elimination of race as a relevant social category. (shrink)

Majority-Minority electoral districts, while increasing the number of minorities in legislatures, work to deepen divisions among racial groups, to exacerbate the systematic disadvantages of some individuals, and to impede effective representation. I examine another form of race-conscious districting that will increase marginalized minority presence in legislatures while avoiding these problems.

Affirmative action has been a particularly contentious policy issue that has polarised contributions to the debate. Over recent times in most western countries, support for affirmative action has, however, been largely snuffed out or beaten into retreat and replaced by the concept of ‹diversity management’. Thus, any contemporary study that examines the development of affirmative action would suggest that its opponents have won the battle. Nonetheless, this article argues that because the battle has been won on dubious ethical grounds it (...) is important that we do not allow affirmative action to sink unnoticed. This article explores and challenges the ethical and philosophical underpinnings of opponents’ views and finds their cases against affirmative action are not ethically sound. The article concludes there are strong ethical grounds for those organisations which seek to do well, to reassert affirmative action programmes in the global efforts to eradicate systemic discrimination and disadvantage. (shrink)

Critiquing any practice, theory, or law, requires understanding the characteristics of the environment which created a need for this law. There are hundreds of different cultures in the world, and each one has its own set of norms, characteristics, and values. What in one country is perceived normal, ethical or unethical, right or wrong, may not be the same somewhere else in the world. The first civilizations begun in Africa and Europe many thousands of years ago when people were hunters (...) and nomads, it is not unreasonable to suspect that many of those traits and characteristics have been socially transferred and/or inherited by future generations. (shrink)

The economic and socio-political impact of multinational corporations (MNCs) on third world countries has been the subject of intense debate and controversy leading to charges of exploitation and colonization on the one hand, and demands for codes of conduct on the other. This article examines the working of one of the most comprehensive of such codes under the most reprehensible political conditions, i.e., the operations of U.S.—based multinational corporations in South Africa under the acgis of the Sullivan Principles. It is (...) argued that despite the best intentions, and considerable social goodwill, the Sullivan Principles were seriously flawed both as to goals and as to means of achieving them. Finally, it suggests a new approach to developing standards of MNC behavior in third world countries which emphasizes those areas of activities that are directly under the control of MNCs, and offers targets of achievement to which MNCs can and should be held accountable.The paper is a revised and expanded version of a keynote speech delivered by the author at the First Biannual Conference on Advances in Management, Orlando, Florida March 25–28, 1992. (shrink)

Although the residues of official segregation are widespread, affirmative action continues to meet resistance in both official and everyday life, even in such recent Supreme Court decisions as Grutter v Bollinger (539 U.S. 306). This is due in part to a governing ontology that draws the line between individual and collective. But there are other possibilities for conceiving the social, and I offer one here in a theory of affirmative action that is developed through close examination of sharing and promising (...) as elemental qualities of equitable communal life. The nature and value of these actions are demonstrated in narrative formulations of fairness as exemplified in triage and the situation at the end of slavery; of the difference between equality and equity and how justice depends on their conjunction; and finally of theorizing how these may come together in the permutable, opaque, yet resilient interdependence of person and community that represents most deeply the Greek idea of two in one, that is, of one two, not two ones. In these respects the paper is successful insofar as it discloses the kinds of reasoning that underlie both resistance and commitment to affirmative action. (shrink)

In this book, philosopher David Boonin attempts to answer the moral questions raised by five important and widely contested racial practices: slave reparations, affirmative action, hate speech restrictions, hate crime laws and racial profiling. Arguing from premises that virtually everyone on both sides of the debates over these issues already accepts, Boonin arrives at an unusual and unorthodox set of conclusions, one that is neither liberal nor conservative, color conscious nor color blind. Defended with the rigor that has characterized his (...) previous work but written in a more widely accessible style, this provocative and important new book is sure to spark controversy and should be of interest to philosophers, legal theorists and anyone interested in trying to resolve the debate over these important and divisive issues. (shrink)

Affirmative action is preferential treatment in recruiting, hiring, or promoting individuals belonging to groups which have been victims of discrimination. It attempts to remedy the effects of this previous discrimination. While this effect is the problem or puzzle, and affirmative action is the proposed solution, many perceive affirmative action to be a greater danger than the problem it attempts to resolve. ;In addition to analyzing the fairness of affirmative action, this dissertation uses the language and logic of Thomas S. Kuhn (...) in his The Structure of Scientific Revolutions to place the debate over affirmative action into a context which allows larger questions to be asked about American political theory. Borrowing from Kuhn's analysis, this dissertation argues that the dominant political paradigm in America is liberal democratic theory. It further argues that contemporary American conservatives, who oppose affirmative action, and contemporary American liberals, who often support affirmative action, are the two poles of liberal democratic theory. Both poles believe in the core value of equality of opportunity. The dissertation argues that much of the disagreement between the two poles results from the way they define equality of opportunity. Contemporary conservatives define equality of opportunity in procedural terms while contemporary liberals emphasize substantive considerations. ;Contemporary liberals have proposed affirmative action as the solution to the puzzle of inequality resulting from previous discrimination, but this dissertation argues that it is inconsistent with basic principles of liberal democratic theory. If there is no alternative to affirmative action, then the theory is at least back in a Kuhnian puzzle phase. This dissertation looks at several alternatives to affirmative action, but suggests that they too may be inadequate for dealing with the legacy of previous discrimination. The dissertation concludes that the affirmative action dilemma may suggest an anomaly, or unsolvable puzzle, for the liberal democratic paradigm. (shrink)

We address the question of the effectiveness of affirmative action agreements concluded by a regulatory body with employers in order to achieve greater equality in employment. We analyse the pattern of affirmative action agreements concluded by the Fair Employment Commission with employers in Northern Ireland between 1990 and 2000. We examine the association between these agreements and changes occurring in the religio-political composition of these employer's workforces during that period, based on a statistical analysis of monitoring data collected by the (...) Commission from employers, compared with employers that did not enter into such agreements. We find that firms reaching agreements with the Commission demonstrated significant evidence of change over the decade. We conclude that such agreements were likely to have been an integral part of the processes driving change in the Northern Ireland labour market in the 1990s. (shrink)

Considers the effects of the browning of America on philosophical debates over race, racism, and social justice.

Oswald de Andrade’s « Cannnibal Manifesto » was anticipative in its apprehension of the Brazilian dynamic as it emerged from its European colonial heritage projecting itself towards the future. As Brasil entered modernity, what Oswald observed was « a country of the future », not from the perspective of the dynamic of a construction of a national trajectory of development, but from the perspective of the development of the indigenous Brazilian relation to colonial alterity. The anthropophagic revolution, as it projected (...) the Indians into the world, rested on a theory of multiplicity and not of « diversity ». Anti-colonialism was not a form of nationalism, but a war machine which served to take what we wanted in the rich Europe. (shrink)

In this article, we use a sample of Norwegian quoted companies in the period of 2001–2010 to explore whether the gender quota requiring 40 % female directors on corporate boards changes the likelihood of women being appointed to top leadership roles as board chairs or corporate CEOs. Our empirical results indicate that the gender quota and the resulting increased representation of female directors provide a fertile ground for women to take top leadership positions. The presence of female board chairs is (...) positively associated with female directors’ independence status, age and qualification, whilst the presence of female CEOs is positively related to the average qualification of female directors. Firms with older and better educated female directors are more likely to appoint female board chairs. The likelihood of female CEOs’ appointment increases with the percentage of independent directors and directors’ qualifications, especially those for female directors. Furthermore, the gender gaps with respect to qualification, board interlocks and nationality between female and male board chairs vanishes after Norwegian companies’ full compliance to the quota in January 2008. However, the gender quota has no significant impact on the gender gaps between female and male directors after its full compliance. Our article thereby contributes to understanding how gender quotas, presence of female directors, percentage of female directors on boards and other board characteristics can determine the gender of top leaders of organizations. (shrink)

Does feminism give a much-needed voice to women in a patriarchal world? Or is the world not really patriarchal? Has feminism begun to level the playing field in a world in which women are more often paid less at work and abused at home? Or are women paid equally for the same work and not abused more at home? Does feminism support equality in education and in the military, or does it discriminate against men by ignoring such issues as male-only (...) draft registration and boys lagging behind in school? The only book of its kind, this volume offers a sharp, lively, and provocative debate on the impact of feminism on men. Warren Farrell--an international best-selling author and leader in both the early women's and current men's movements--praises feminism for opening options for women but criticizes it for demonizing men, distorting data, and undervaluing the family. In response, James P. Sterba--an acclaimed philosopher and ardent advocate of feminism--maintains that the feminist movement gives a long-neglected voice to women in a male-dominated world and that men are not an oppressed gender in today's America. Their wide-ranging debate covers personal issues, from love, sex, dating, and rape to domestic violence, divorce, and child custody. Farrell and Sterba also look through their contrasting lenses at systemic issues, from the school system to the criminal justice system; from the media to the military; and from health care to the workplace. A perfect book to get students thinking and debating, Does Feminism Discriminate Against Men? A Debate is ideal for courses in gender studies, sociology, psychology, economics, feminist philosophy, and contemporary moral issues. It is also compelling reading for anyone interested in the future of men and women. (shrink)

In order to dismantle the racial and social hierarchy that is the legacy of apartheid, South Africa has followed the lead of Western liberal democracies andappropriated the discourse of affirmative action. This paper argues that current affirmative action policy fails in significant ways because it paradoxically ignores the concrete social and historical conditions of race and racism in South Africa and simply aims to normalize competition among abstract individuals by using a principle of racial neutrality The author argues that social (...) justice will only be achieved in South Africa in a context of deliberative democracy, where effective affirmative action aims at social cooperation, full participation of non-whites in decision-making, and the elimination of race as a relevant social category. (shrink)

As a U.S. civil rights policy, affirmative action commonly denotes race-conscious and result-oriented efforts by private and public officials to correct the unequal distribution of economic opportunity and education attributed to slavery, segregation, poverty and racism. Opponents argue that affirmative action (1) violates ideals of color-blind public policies, offending moral principles of fairness and constitutional principles of equality and due process; (2) has proven to be socially and politically divisive; (3) has not made things better; (4) mainly benefits middle-class, wealthy (...) and foreign-born blacks; (4) stigmatizes its beneficiaries; and (5) compromises the self-esteem and self-respect of beneficiaries who know that they have been awarded preferential treatment. By way of a thought experiment, imagine that after decades of public policy and experimentation, the United States public finally came to agree: affirmative action is morally and legally wrong. Employing such a thought experiment, this essay by a beneficiary of affirmative action—written in response to James Sterba’s Affirmative Action for the Future (2009)—examines duties of moral repair and the possibility that the past beneficiaries of affirmative action owe apologies, compensation or some other highly personal form of corrective accountability. Beneficiaries of affirmative action have experienced woundedness and moral insecurity. Indeed, the practice of affirmative action comes with a psychology, a set of psychological benefits and burdens whose moral logic those of us who believe in our own fallibility—as much as we believe in the justice of what we have received and conferred on others—should address. (shrink)

This article argues against the view that affirmative action is wrong because it involves assigning group rights. First, affirmative action does not have to proceed by assigning rights at all. Second, there are, in fact, legitimate “group rights” both legal and moral; there are collective rights—which are exercised by groups—and membership rights—which are rights people have in virtue of group membership. Third, there are continuing harms that people suffer as blacks and claims to remediation for these harms can fairly treat (...) the (social) property of being black as tracking the victims of those harms. Affirmative action motivated in this way aims to respond to individual wrongs; wrongs that individuals suffer, as it happens, in virtue of their membership in groups. Finally, the main right we have when we are being considered for jobs and places at colleges is that we be treated according to procedures that are morally defensible. Morally acceptable procedures sometimes take account of the fact that a person is a member of a certain social group. (shrink)