Affirmative Action and Justice: A Philosophical and Constitutional Inquiry

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.