Procedural Justice and Affirmative Action

There is widespread agreement among both supporters and opponents that affirmative action either must not violate any principle of equal opportunity or procedural justice, or if it does, it may do so only given current extenuating circumstances. Many believe that affirmative action is morally problematic, only justified to the extent that it brings us closer to the time when we will no longer need it. In other words, those that support affirmative action believe it is acceptable in nonideal theory, but not ideal theory. This paper argues that affirmative action is entirely compatible with equal opportunity and procedural justice and would be even in an ideal world. I defend a new analysis of Rawlsian procedural justice according to which it is permissible to interfere in the outcomes of procedures, and thus I show that affirmative action is not morally problematic in the way that many have supposed.     

Affirmative Action as Help: A Review of Recipient Reactions to Preferential Selection and Affirmative Action

We review research on four areas of recipient reactions to affirmative action: (a) self-evaluations of ability and performance, (b) motivation and task interest, (c) performance and achievement, and (d) evaluations of selection procedures. Not surprisingly, the process by which affirmative action was implemented strongly affected the findings. Self-evaluations of ability and specific components of performance were adversely affected when selection procedures did not provide unambiguous, explicit, and focused evidence of recipient qualifications. In contrast, measures of motivation were largely unaffected by any type of selection, although task choice was adversely affected when the selection process did not provide clear evidence of recipient qualifications. Task performance was complexly affected by selection process and other contextual variables. Finally, selection procedures that did not provide unambiguous, explicit, and focused evidence of qualifications were regarded by recipients as less fair than procedures that did not provide evidence of competencies. We interpret the literature using a model of affirmative action as help (Turner, Pratkanis, & Hardaway, 1991), draw further parallels to research on recipient reactions to aid, and develop strategies for the effective management of affirmative action programs.     

Competing Conceptions of Justice: Faculty Moral Reasoning About Affirmative Action

College faculty (N = 115) were recruited to investigate the influence of moral reasoning on hiring decisions about affirmative action dilemmas. Participants completed the Defining Issues Test (DIT), a standard test of moral reasoning, a measure that presented two hypothetical moral dilemmas about affirmative action that manipulated candidates' race and moral issues, and a scale evaluating the use of external norms versus self-chosen principles. Results indicated that moral issue but not race of a minority candidate affected hiring decisions. Faculty used greater percentages of principled reasoning when solving the more salient affirmative action dilemmas than when solving the hypothetical dilemmas of the DIT. Higher scores on the DIT were related to the use of principles rather than norms when making hiring decisions. Findings suggest that faculty decisions about hiring a hypothetical affirmative action candidate are more influenced by moral reasoning level and competing conceptions of justice than racial bias or ambivalence.     

Aversive Racism and Resistance to Affirmative Action: Perception of Justice Are Not Necessarily Color Blind

This study utilized a factorial survey design to assess attitudes toward affirmative action as a function of targeted group (Black, handicapped, or elderly persons), framing of the policy (with or without social justification), and institutional context (business, college, or social organization). Resistance to affirmative action was aroused more by policies specifying Blacks as the targeted group and by policies presented without justification. Supportive of the aversive racism framework, the level of resistance to the policies presented without justification for Blacks as the target group was higher than for all other targeted groups with or without justification. Implications for these findings for strategies to reduce negative attitudes toward affirmative action are discussed.     

The Challenge to Affirmative Action

The Bakke case is the latest and most serious challenge to the constitutionality of voluntary affirmative action programs. Bakke, a white male, challenged the constitutionality of the University of California Davis Medical School Special Admissions Program, which admitted 16 minority students with lower objective scores. Although a poor case for Supreme Court review, it was brought before the Court by the Davis Medical School despite the protests of many minority groups. If Bakke is upheld, it could virtually wipe out efforts to include minorities in most professional schools and some government employment.     

Understanding Affirmative Action

The purpose of this article is to lay a conceptual groundwork that is needed if social scientists and policy makers are to design and implement fair and effective affirmative action programs. Because affirmative action is not well understood, in or out of the academy, the article starts with definitions, both general and technical, contrasts affirmative action with equal opportunity, and touches on the distinction between policy and practice. I then argue that affirmative action is a necessary policy, that it can be effective, and that it is fair. But the policy is for three other reasons: (a) it focuses on deficiencies, (b) it disturbs expectations, and (c) it poses a threat to individualism, interfering with self-congratulations.     

Individualism and Resistance to Affirmative Action: A Comparison of Japanese and American Samples1

It has been proposed that part of the resistance to affirmative action in the U.S. derives from the American discomfort with categorical social arrangements. An instance of gender discrimination was described to samples of Japanese and American students. The students then evaluated a set of remedies, one of which was a classic affirmative action solution and filled out Singelis’ Self-Construal Scale (Singelis, 1994). The Japanese sample was more collectivist than the American sample and endorsed the affirmative action solution more strongly than the American sample.     

Attributional Ambiguity of Affirmative Action

We propose that affirmative action policies that are perceived to give preference to individuals solely or primarily on the basis of their group membership create attributional ambiguity about the personal deserving of individuals affected by these procedures. This ambiguity about the extent to which outcomes are deserved is hypothesized to be self-protective for people who are denied a position, but to have detrimental consequences among beneficiaries, especially if they are members of groups whose competence is doubted (either by themselves or others). Selection procedures that are perceived to be based both on individual merit and group membership, in contrast, are hypothesized to reduce attributional ambiguity about deserving and thus attenuate the effects of group-based preferential selection procedures on those who are benefited and bypassed by these procedures. An experiment was conducted to test these hypotheses. Men and women were randomly selected or rejected for a leadership role under one of three procedures: outcomes based (a) solely on sex, (b) solely on merit, or (c) on both sex and merit. Results provided partial support for our hypotheses.     

In Defense of Affirmative Action

Affirmative action refers to positive steps taken to hire persons from groups previously and presently discriminated against. Considerable evidence indicates that this discrimination is intractable and cannot be eliminated by the enforcement of laws. Numerical goals and quotas are justified if and only if they are necessary to overcome the discriminatory effects that could not otherwise be eliminated with reasonable efficiency. Many past as well as present policies are justified in this way.     

Reactions to Affirmative Action: Seeking the Bases for Resistance1

It has been argued that affirmative action negatively affects the self‐perceptions of beneficiaries. In contrast, it was hypothesized that this would not occur when individual qualifications were explicitly considered and, indeed, that failure under discrimination would be more self‐detrimental. However, perceptions of reverse discrimination may buffer negative self‐attributions on the part of nonbeneficiaries. Responses in an experimental simulation indicated that, of several affirmative actions for women, passive nondiscrimination was viewed as the fairest response to discrimination. While women's self‐perceptions were not affected by affirmative actions, they did suffer under failure. The presence of affirmative actions did not alleviate the effects of failure on men's self‐perceptions. Possible alternatives for resistance to affirmative action are assessed and discussed.     

A comparative Perspective on Affirmative Action: Positieve Aktie in The Netherlands

The Netherlands has established a program for minority employment patterned after affirmative action in the United States. Thus, the Sutch experience allows a comparative perspective on American efforts, one made more instructive by the sharp differences in intergroup relations between the two nations. We report on our Dutch research on affirmative action among urban police involving almost 100 intensive individual interviews in yoked sets of three--the minority officer, her or his White co-workers, and their immediate supervisor. Based on this initial, rough comparison, we tentatively advance that contrasting national racial normative structures make critical differences in the reception of the policy. Such problems as solo role and stigma commonly reported in American research appear muted in our Dutch data. Thus, ironically, the American racist legacy that shapes the problems of affirmative action is the same legacy that requires affirmative-action policies in the first place.     

The Doctrine of Double Effect and Affirmative Action

ABSTRACT William Cooney has recently argued ( The Journal of Applied Philosophy , Vol. 6, pp. 201–204) that the social programme of affirmative action, though controversial, can be supported by the doctrine of double effect in that, according to the doctrine, responsibility falls on the side of intended consequences and not on that of unintended consequences. The point of affirmative action is to include certain disadvantaged groups; it is not to exclude other groups, though this is an inevitable and foreseeable by-product. In this article I contend that Cooney's argument ignores two important conditions of the doctrine of double effect; namely, that the good which results from the intended effect must be at least commensurate with the harm that results from the unintended effect; and, that the intended good effect is causally separate from the unintended harmful effect. Any use of the doctrine which neglects these conditions leads to morally problematic cases. Further, once we take the conditions into account, we have good reason to think that the doctrine of double effect has no relevance to the affirmative action debate.     

Situated Action: A Neuropsychological Interpretation Response to Vera and Simon

The most fundamental contribution so far of artificial intelligence and com-puter science to the joint enterprise of cognitive science has been the notion of a physical symbol system, i.e.,… systems capable of having and manipulating symbols, yet realizable in the physical universe.