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Affirmative Action and Justice - A Philosophical and Constitutional Inquiry (Paperback, New Ed)
Loot Price: R1,570
Discovery Miles 15 700
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Affirmative Action and Justice - A Philosophical and Constitutional Inquiry (Paperback, New Ed)
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Total price: R1,590
Discovery Miles: 15 900
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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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