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The affirmative action controversy
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Gender JusticeDiscriminationAffirmative Action ControversyLawDiscrimination LawUtilitarian ArgumentsFeminist DebateSocial SciencesGender DisparityGender StudiesCivil RightsGender EqualityRacial EquityGender DiscriminationAffirmative LitigationIntersectionalityEqual OpportunityDisparate ImpactAffirmative Action AdvocatesFeminist TheoryAffirmative Action StudiesSociologySocial Justice
This article presents the main arguments used in debates on affirmative action. A distinction is made between individual and social justice and utilitarian arguments. The claim put forward is that debates on affirmative action tend to become locked within a discrimination-non-discrimination controversy. This perpetuates the defensive position of affirmative action advocates. I identify three strategies to break with this dominant controversy. First, a shift in focus from non-discrimination to a "right to be treated as an equal" opens the way for affirmative action. Second, a stressing of the special contribution of women in male-dominated fields transfers the focus from discrimination to the benefits of including women. Third, I argue for transferring the "burden of proof" from those advocating equality to those defending the status quo - the question should not be "why women?" but "why not women?".