Affirmative Action Debate
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The civil rights revolution enshrined into law the principle that all people are treated equally, regardless of skin color, gender, or national origin. The vast majority of Americans accept that principle. The civil rights revolution, however, failed to answer the question of what redress, if any, is owed to individuals from historically disadvantaged groups. That tension between two conflicting goals informs the current debate about affirmative action. This paper will examine the philosophical and legal underpinnings of that debate from the perspective of legal theorists and two seminal cases on the issue. Affirmative action seeks to create more opportunities for women and minorities by conferring special consideration upon them in decisions involving hiring, firing, promotion, college admissions, and government contracts. In all of these areas, women and minorities traditionally have been underrepresented. Companies, government agencies, and universities use recruitment, set-asides, and preferences to achieve these goals. Though the stated goal of affirmative action is equality, many challenge such programs precisely on those grounds. Opponents say that choosing one person over another because of their race, gender, or national origin violates the principle of equality, no matter how noble the goal. The civil rights movement ended legal segregation, but bias continued to limit opportunities for minorities and women. Those cases and laws involved ônegativeö actio
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Such laws distort the market, and the market is the best mechanism to achieve diversity and raise the standard of living for all, including women and members of minority groups.
Epstein makes the distinction between state-enforced discrimination (Jim Crow laws) and what he is proposing, which is no law at al. Jim Crow laws were equally onerous to Epstein because ôit was a situation in which the heavy hand of the state acted on all areas of life directly or indirectly.ö Epstein opposes governmental involvement in the economy regardless of the stateÆs motivation.
According to Epstein, if employers were free to discriminate, this would not lead to a return of all-white workplaces because it would not make economic sense. Employers would hire minorities because it would be good for business, just like companies today voluntarily undertake affirmative action programs. A business that refused to hire African-Americans or women would deprive itself of numerous qualified employees. In addition, the group that had been excluded from employment would not patronize that business. Thus, the market would produce better results (diversity) at a lower cost. That is because the elimination of bureaucracy and the reduction in costs for h
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Approximate Word count = 2695
Approximate Pages = 11 (250 words per page)
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