Equality and Preferential Treatment

Equality and Preferential Treatment
Author: Marshall Cohen
Publisher: Princeton University Press
Total Pages: 228
Release: 1977-08-21
Genre: Law
ISBN: 0691019886

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These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged groups. If the situation of women and minorities improves so that their opportunities are equal to those of more favored groups, will they then be in a competitive position conducive to equal achievement? If not, can preferential hiring or preferential admission to educational institutions be justified? The contributors explore the complexities of this problem from several points of view. The discussions in Part I are more theoretical and concentrate on the application to this case of general considerations from ethical theory. The discussions in Part II also take up theoretical questions, but they start from specific problems about the constitutionality and the effectiveness of certain methods of achieving equality and counteracting discrimination. The two groups of essays demonstrate admirably the close connection between moral philosophy and questions of law and policy. The issues discussed include compensation, liability, victimization, the significance of group membership, the intrinsic importance of racial, sexual, or meritocratic criteria, and the overall effects of preferential policies.

Equality and Preferential Treatment

Equality and Preferential Treatment
Author: Thomas Nagel
Publisher:
Total Pages: 209
Release: 1977
Genre: Philosophy
ISBN: 9780691072135

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These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged groups. If the situation of women and minorities improves so that their opportunities are equal to those of more favored groups, will they then be in a competitive position conducive to equal achievement? If not, can preferential hiring or preferential admission to educational institutions be justified? The contributors explore the complexities of this problem from several points of view. The discussions in Part I are more theoretical and concentrate on the application to this case of general considerations from ethical theory. The discussions in Part II also take up theoretical questions, but they start from specific problems about the constitutionality and the effectiveness of certain methods of achieving equality and counteracting discrimination. The two groups of essays demonstrate admirably the close connection between moral philosophy and questions of law and policy. The issues discussed include compensation, liability, victimization, the significance of group membership, the intrinsic importance of racial, sexual, or meritocratic criteria, and the overall effects of preferential policies.

Equality and Preferential Treatment

Equality and Preferential Treatment
Author: Marshall Cohen
Publisher: Princeton University Press
Total Pages: 234
Release: 1977-08-21
Genre: Law
ISBN: 9780691019888

Download Equality and Preferential Treatment Book in PDF, Epub and Kindle

These essays, with one exception originally published in Philosophy & Public Affairs, consider the moral problems associated with improving the social and economic position of disadvantaged groups. If the situation of women and minorities improves so that their opportunities are equal to those of more favored groups, will they then be in a competitive position conducive to equal achievement? If not, can preferential hiring or preferential admission to educational institutions be justified? The contributors explore the complexities of this problem from several points of view. The discussions in Part I are more theoretical and concentrate on the application to this case of general considerations from ethical theory. The discussions in Part II also take up theoretical questions, but they start from specific problems about the constitutionality and the effectiveness of certain methods of achieving equality and counteracting discrimination. The two groups of essays demonstrate admirably the close connection between moral philosophy and questions of law and policy. The issues discussed include compensation, liability, victimization, the significance of group membership, the intrinsic importance of racial, sexual, or meritocratic criteria, and the overall effects of preferential policies.

Equality of Treatment and Trade Discrimination in International Law

Equality of Treatment and Trade Discrimination in International Law
Author: Khurshid Hyder
Publisher: Springer Science & Business Media
Total Pages: 287
Release: 2012-12-06
Genre: Law
ISBN: 9401190623

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Doctor Hyder's meticulous and comprehensive study throws much needed light on the often invoked but little understood concept of "discrimination" in international law. It is also of great practical value to those who are concerned with the law of international trade. "Discrimination" is a word with bad connotations. It suggests un fairness, prejudice and favouritism. It seems to point to adeparture from the ideal of equal opportunities, equal rewards and even-handed legal protection of all human beings without regard to differences of race, religion, ethnic origin or sex. Similarly, in public international law "discrimination" suggests violation of the principle of equality of states. Yet there are vast areas of international relations in whieh states are regarded as being legally free, except as specially provided in treaties, to make distinctions between other states or their nationals. The principle of equality of states merely means that the many rules constituting what is often called "general (or universal) international law" apply equally to all independent states. Hence, by definition, such states have equal rights and duties under general international law. But the latter leaves vast areas of transnational activity to be regulated by states at their discretion either unilaterally or by special agreement with other states. No state has, in fact, exactly the same totality of rights and duties as other states, since no two states are parties to exactly the same treaties. By treaty, astate often grants to another state a right which it may withhold from third states.

Equality Transformed

Equality Transformed
Author: Herman Belz
Publisher: Transaction Publishers
Total Pages: 338
Release:
Genre: Social Science
ISBN: 9781412822695

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A quarter-century after the enactment of the 1964 Civil Rights Act, its legacy remains controversial. The statutory language intended to ensure equal opportunity to all individuals is now interpreted as authorizing both public and private employers to adopt preferential policies that benefit designated groups based on race and gender. Much the same transformation has occurred in federal contract programs: President Kennedy's executive order that required equal employment opportunity is now understood as mandating minority hiring with numerical goals tantamount to quotas. Herman Belz's "Equality Transformed: A Quarter-Century of Affirmative Action "traces this transformation of equality and how it was brought about by courts, regulatory agencies, and activists. The early champions of civil rights sought to eradicate impediments to advancement for the downtrodden; the ultimate aim was to create a truly colorblind society. Over the years, this goal, while still professed, became even more elusive. Preferences, goals, and timetables - "temporary" means for the attainment of a nondiscriminatory society - seemed to undermine that noble quest. "Equality Transformed "provides a textured history of affirmative action and its effects upon race relations and our democratic, egalitarian ideals. In recent years, under the impetus of the Reagan Justice Department, the Supreme Court has backed away, however hesitantly, from its earlier sympathy towards race-conscious remedies and preferential treatment. Belz's analysis of recent Supreme Court cases and their antecedents allows us to better understand both the tensions in our society and the fury that the Court has triggered with its recent civil rights pronouncements. Belz makes a strong case for hewing to a forward-looking rather than a backward-looking approach to eradicating discrimination. Anyone interested in the history, law, theory, or morality of affirmative action in employment will find "Equality Transformed "invaluable.