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The Constitutional Logic of Affirmative Action

Autor Ronald J. Fiscus, Stephen L. Wasby
en Limba Engleză Paperback – 21 ian 1996
Few issues are as mired in rhetoric and controversy as affirmative action. This is certainly no less true now as when Ronald J. FiscusÕs The Constitutional Logic of Affirmative Action was first published in 1992. The controversy has, perhaps, become more charged over the past few years. With this compelling and rigorously reasoned argument for a constitutional rationale of affirmative action, Fiscus clarifies the moral and legal ramifications of this complex subject and presents an important view in the context of the ongoing debate. Beginning with a distinction drawn between principles of compensatory and distributive justice, Fiscus argues that the former, although often the basis for judgments made in individual discrimination cases, cannot sufficiently justify broad programs of affirmative action. Only a theory of distributive justice, one that assumes minorities have a right to what they would have gained proportionally in a nonracist society, can persuasively provide that justification. On this basis, the author argues in favor of proportional racial quotasÑand challenges the charge of Òreverse discriminationÓ raised in protest in the name of the Òinnocent victimsÓ of affirmative actionÑas an action necessary to approach the goals of fairness and equality. The Constitutional Logic of Affirmative Action focuses on Supreme Court affirmative action rulings from Bakke (1976) to Croson (1989) and includes an epilogue by editor Stephen L. Wasby that considers developments through 1995. General readers concerned with racial justice, affirmative action, and public policy, as well as legal specialists and constitutional scholars will find FiscusÕs argument passionate, balanced, and persuasive.
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Specificații

ISBN-13: 9780822317708
ISBN-10: 0822317702
Pagini: 176
Dimensiuni: 139 x 228 x 15 mm
Greutate: 0.27 kg
Ediția:New ed.
Editura: MD – Duke University Press

Recenzii

“At a time when the mere mention of quotas sends politicians of all stripes running for cover, it is remarkable to see someone looking at the crowd calmly, and making distinctions which show that, like anything else, quotas can be well used or used in ways that are unjust.”—Stanley Fish, Duke University
"At a time when the mere mention of quotas sends politicians of all stripes running for cover, it is remarkable to see someone looking at the crowd calmly, and making distinctions which show that, like anything else, quotas can be well used or used in ways that are unjust." - Stanley Fish, Duke University

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Textul de pe ultima copertă

"from the foreword:
""At a time when the mere mention of quotas sends politicians of all stripes running for cover, it is remarkable to see someone looking at the crowd calmly, and making distinctions which show that, like anything else, quotas can be well used or used in ways that are unjust."--Stanley Fish, Duke University

Descriere

Originally published in 1992, this is a compelling and rigorously reasoned argument for a constitutional rationale of affirmative action