Abstract

Carl Cohen’s and James Sterba’s debate is an impressive discussion of the legality and morality of various types of affirmative action and a must read for researchers in this field. These two issues bifurcate. The legality of preferential treatment consists of two different issues: Is preferential treatment Constitutional? Does preferential treatment violate laws other than the Constitution? The morality of preferential treatment also consists of two issues: Is preferential treatment right? Is it good? The discussion in this book is wide-ranging and the authors provide a fascinating set of legal and empirical arguments that are a nice complement to the moral arguments that underlie their positions on affirmative action. The only problem with the book is that the moral arguments are somewhat abbreviated. In summary, the debate between Cohen and Sterba is insightful, well researched, and worth reading. Their legal arguments are particularly interesting. In the end, however, neither Cohen nor Sterba provide a plausible argument with regard to whether preferential treatment has effects that make it worth pursuing. Nor does either provide a strong moral case for or against preferential treatment as compensation.