Debates On The Legitimacy Of Affirmative Action: For And Against

Affirmative action refers to positive measures taken by the U.S. government since 1960s in order to increase the proportion of minorities in employment and enrollment which has been historically excluded because of race or gender. The development, contestation and justification of affirmative action have proceeded along two paths. One has been legal and administrative as courts, legislatures, and executive departments of government have made and applied rules requiring affirmative action. The other has been the path of public debate, where the practice of preferential treatment has produced a vast literature, for and against. The main content of this article includes two parts accordingly. The first part is a historical narrative about judicial decisions, civil rights legislation and executive orders associated with affirmative action. The second part is a detailed analysis of advantages and shortcomings of rationales used at different times of public debate.The first chapter describes the historical background and implementation of affirmative action, including the implementation and abolition of Jim Crow laws, the development of civil rights bill and the implementation of affirmative action. The remaining three chapters focused on the rationales for affirmative action in public debate during three stages. Chapterâ…¡illustrates the first stage of public debate (1970s) which focuses on the conflict between the conception of compensatory justice and desert. Chapterâ…¢turns to the second phase of public debate (from late 1970s to late 1990s) which is more concerned about the conception of equality of opportunity and the meaning of constitutional equality after Bakke Case. Chapterâ…£describes the third phase of public debate (from late 1990s to present) which mainly focuses on two instrumental arguments, that is, diversity and integration.