Affirmative action is not morally justified

Abstract

This dissertation is a critical examination and rejection of the two principal types of moral justification, the compensatory and noncompensatory, of affirmative action involving preferential treatment for blacks, Hispanics,American Indians, and women in hiring, promotions, andadmissions. Neither of these approaches to the justification of AA, I have argued, is able to defend AA successfully. AA not morally justified. Thus, succeeding compensatory arguments for AA, individualand group oriented, are unable to evade, undermine,or disarm the objections that AA violates the principles of compensatory justice governing who is owed compensation, what compensation is owed, and who owes compensation, and that AA violates the principles of justice and fundamental individual moral rights governing the distribution of such social goods or benefits as desirable and valuable positions. The principles of justice and moral rights violated by AA govern the distribution of social benefits, including desirable positions, and burdens and systematize, unify, and explain correct moral judgments about the injustice of actions, policies, and practices in a variety of contexts of distribution. Moreover, backward-looking or compensatory arguments for AA have the implication that unjust and morally unacceptable compensatory policies that are morally similar to AA would be justified in contexts other than hiring, promotions, and admissions. Furthermore, the noncompensatory justifications of AA, including meritocratic and utilitarian forward-looking arguments, are unable to evade or to undermine the objection that AA violates principles of justice and fundamental individual moral rights and the objection that these attempted justifications of AA have the implication that unjust and morally unacceptable noncompensatory, forward-looking policies that are morally similar to AA would also be justified in contexts other than the standard ones.

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References found in this work

On the nature of rights.J. Raz - 1984 - Mind 93 (370):194-214.
Noncomparative justice.Joel Feinberg - 1974 - Philosophical Review 83 (3):297-338.
Preferential hiring.Judith Jarvis Thomson - 1973 - Philosophy and Public Affairs 2 (4):364-384.
Moral intuition.Jeff McMahan - 2000 - In Hugh LaFollette - (ed.), The Blackwell Guide to Ethical Theory. Blackwell. pp. 92--110.

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