Law in Contemporary Society

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SarahBrandSecondEssay 3 - 28 Apr 2021 - Main.EbenMoglen
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Arguments Against Affirmative Action

Currently, arguments against affirmative action revolve around ideas of “reverse discrimination.” At its core, these allegations imply equality is not being achieved because those who are not racial minorities in the higher education arena are not being given equal rights or opportunities to education. As such, by improperly defining “equality” as that which does not include the need-based resource allocation of “equity,” arguments against a tool for equality can be made using equality itself. This undermines the integrity of the arguments for affirmative action, as well as invites confusion among those attempting to defend affirmative action for the purpose of achieving equality.
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If this is an essay about the history of social concepts, the best route to improvement is to put the text in contact with that history more deeply. Raymond Williams' Keywords is often a good place to start inquiries of this kind, and its article on Equality will be helpful.

If this is an essay about contemporary American political speech, then I think the real subject is particularism and solidarity: how left thought in the US moved from the democratic socialism of union, equality, and working-class self-determination to the claims of disparate sub-communities who cannot or do not repose trust in the prospective solidarity offered by the broadest coalitions. The interplay between attitudes and institutions is complex, and probably cannot be comprehensively summarized in 1,000 words, but it would be good to try.

 
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Revision 3r3 - 28 Apr 2021 - 14:58:49 - EbenMoglen
Revision 2r2 - 16 Apr 2021 - 17:50:17 - SarahBrand
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