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Vol 23 No 6 June/July 2018

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Affirmative Action and Justice

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Michel RosenfeldProfessor of Law, Benjamin N. Cardazo School of Law, Yeshiva University, New York, USA

ISBN13: 9780300047813
ISBN: 0300047819
Published: February 1991
Publisher: Yale University Press
Country of Publication: USA
Format: Hardback
Price: Out of print

In this book Michel Rosenfeld provides virtually the first interdisciplinary analysis of affirmative action. Rosenfeld offers a critical examination of the major existing philosophical and constitutional theories on affirmative action and elaborates a new theory that strongly defends the justice of affirmative action from both 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. He then examines the Supreme Court's rulings on affirmative action in the light of evolving conceptions of the constitutional right to equal protection. Finally, he presents his new theory which aims to provide a unified philosophical and constitutional justification of affirmative action.

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Part 1 Liberal political philosophy and affirmative action: definition of key concepts ad delimitation of scope of analysis; libertarian justice and affirmative action; contractarian justice and affirmative action; utilitarian justice and affirmative action; egalitarian justice and affirmative action.
Part 2 Constitutional equality and affirmative action: constitutional equality and equal protection; the consitutional dimension of affirmative action.
Part 3 Equality difference and consensus: toward and integrated conception of the justice of affirmative action; the limitations of the major liberal philosophical conceptions of the justice of affirmative action; justice as reversibility, equality, and the right to be different; toward an integrated philosophical and constitutional justification of affirmative action.