Affirmative Action, Fairness, and the Scope of Justice

Abstract

Affirmative action programs have been controversial since their inception in 1965. This commentary examines the confusing justice claims advanced by opponents and proponents of affirmative action by proposing three justice questions that underpin the fairness debate: (1) Are affirmative action's target groups (women and people of color) inside one's scope of justice and therefore entitled to fair treatment? (2) Have the target groups achieved parity with other societal groups? (3) Is affirmative action procedurally fair? The first two questions concern distributive justice and emerge from commentators' beliefs and assessments of target groups' inclusion in the personal and societal scope of justice. The third question concerns procedural justice and emerges from commentators' beliefs about effective and appropriate processes. This commentary describes the scope of justice, the factors that cause it to change over time, its application to the affirmative action controversy, and presents a table that helps untangle the confusing justice claims in the affirmative action debate.