Of all government policies having to do with discrimination none has been more controversial than affirmation action. Since the Supreme Court is hearing a new challenge to its usage in college admissions at the University of Texas it is a good time for us to talk about it again. Attached is an option piece from the October 14th New York Times by David Leonhardt called Rethinking Affirmative Action. He briefly traces the development and use of the policy over time pointing that the argument being used in the court presentation this time has shifted from fairness to to diversity. For this assignment I want you to read the article and evaluate Leonhardt’s argument that the policy no longer contributes to social justice, in fact it creates social injustice. Using either Rawls or John Stuart Mill’s framework for your analysis.
Several of you have asked questions about the issue inassignment three. The argument in the article is that the supreme court in 1978,and again in 2003, rejected the idea that society-wide discrimination justified preferences for individuals – that means for the past 34 years affirmation action was upheld by the argument that diversity was the goal of the policy not fairness. He goes on to say that some say that the real issue of fairness is an economic one – poor children of all races are disadvantaged but that economic diversity has not been a policy goal in this country. Leonhardt says that the lawyers arguing the current Texas court case are justifying affirmative action as a means of maintaining diversity, which is held to be the social goal.
Using the language that I have used in the course the SOCIAL PROBLEM calling for a policy is the lack of diversity in schools or in the workplacenot to combat discrimination which already illegal under other laws.
Now your assignment is to take Rawls or Mill’s arguments bout what it takes to be a fair or just society (Barush pp 13-15) and arguethat affirmative action, as it is being argued in the supreme court, to create diversity, is justified. Hints: Rawls, “…justice is the result of a rational choice made behind a ”veil of ignorance”—Mills justice is that which brings about the greatest good or well-being for the greatest number.
You are to argue your position for or against affirmative action us current situation
