Policy, Principle, and Incrementalism: Dworkin's Jurisprudence of Race |
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Authors: | Andrew Altman |
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Institution: | (1) Department of Philosophy, The George Washington University, Washington, DC, 20052, USA |
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Abstract: | For several decades, Ronald Dworkinhas been one of the most prominent voicesdefending the legality and justifiability ofrace-conscious programs aimed at undoing thecontinuing effects of prejudice. Writingwithin the framework of a liberal legalphilosophy, he has formulated powerfularguments against the view that color-blindpolicies are the only defensible ones. Nonetheless, I argue that a more completeliberal defense of race-conscious policieswould need to develop and modify Dworkin's lineof argument. Such a defense would go beyondhis policy-based arguments and incorporatearguments of principle. Race-conscious policiesdo not only promote the general good; they arealso required in order to help realize theconstitutional right of equal citizenship. |
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Keywords: | affirmative action civil rights equal protection clause incrementalism liberalism racism social science |
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