Read Affirmative Action Pro By Albert G. Mosley And Answer T ✓ Solved

Read Affirmative Action Pro By Albert G Mosley And Answer The Follow

Read Affirmative Action: Pro by Albert G. Mosley and answer the following 6 questions: What kind of restitution does corrective justice require for past and present harms caused by discrimination against minorities and women? In what kinds of cases is it proper to hire a less qualified nonwhite job applicant over a more qualified white applicant? How do racist and sexist employment practices lead to an “unjust enrichment” of subsequent white male job applicants? What latent effect does the unjust discrimination against a particular minority person have on the minority group as a whole? Why is it a mistake to assume that minority members with the least qualifications are necessarily those who have been most harmed by discriminations? Thomas Jefferson (paraphrasing Aristotle) once said “There is nothing more unequal than the equal treatment of unequal people.” Some, argue that it is not fair to treat all people the same, since all people are not the same, respond to this idea by agreeing or disagreeing.

Sample Paper For Above instruction

Introduction

Affirmative action remains a contentious and complex subject within social justice and employment law debates. In Albert G. Mosley's analysis, the nuances surrounding corrective justice, racial and gender considerations in hiring practices, and the social implications of discrimination are critically examined. This paper explores these themes comprehensively by addressing the questions posed regarding restitution, appropriate hiring practices, the consequences of racist and sexist employment policies, and the philosophical considerations of equality and fairness in treatment of individuals with differing qualifications.

Restitution and Corrective Justice

According to Mosley, corrective justice seeks to remedy the harms caused by historical and ongoing discrimination against minorities and women through restitution that aims to restore equity in society. The restitution necessary involves compensatory measures such as affirmative action policies that aim to rectify the disparities created by past injustices. These include targeted hiring, educational opportunities, and remedial programs designed to compensate for the disadvantages inflicted by systemic discrimination. Corrective justice recognizes that the harms faced by minorities and women are not solely individual but part of a broader societal imbalance which must be addressed through proactive measures rather than mere compensation (Mosley, 2008).

Hiring Less Qualified Applicants: Proper Cases

Mosley emphasizes that in certain cases, hiring a less qualified minority applicant over a more qualified white applicant can be justified as a form of remedial justice. Such cases typically involve situations where the goal is to promote diversity, rectify historical injustices, and provide opportunities to underrepresented groups. When the qualifications are reasonably comparable, preference may legitimately be given to the minority applicant to help balance systemic inequalities. This approach is particularly relevant in employment sectors where minorities have been historically excluded or underserved, as it fosters social equity and rectifies ongoing patterns of discrimination (Mosley, 2008).

Unjust Enrichment from Racist and Sexist Practices

Racist and sexist employment practices contribute to what Mosley describes as an "unjust enrichment" of subsequent white male applicants because they sustain and perpetuate the economic and social advantages associated with racial and gender privileges. These practices distort the meritocratic process, enabling individuals who may not be the most qualified to acquire positions and benefits solely based on race or gender. As a result, white males who benefit from such discriminatory practices obtain unjust gains at the expense of minorities and women, perpetuating social inequalities and hindering merit-based progress (Mosley, 2008).

Latent Effects of Discrimination on the Minority Group

The latent or hidden effects of unjust discrimination extend beyond individual harmed persons to affect the entire minority group. Discrimination fosters a collective sense of marginalization, diminishes opportunities for social mobility, and sustains stereotypes that hinder community development. It engenders a cycle of disadvantage where the image of inadequacy persists, further impeding minority participation in economic, political, and social domains. These effects diminish the group's overall potential and perpetuate centuries of inequality (Mosley, 2008).

Qualifications and the True Harm of Discrimination

Mosley warns against the assumption that minority members with the least qualifications are the most harmed by discrimination. Such a view oversimplifies the complex realities of systemic bias, which can affect individuals differently depending on numerous factors, including access to education and resources. The true harm lies in the structural barriers that prevent qualified individuals from reaching their potential, regardless of their current qualifications. Hence, focusing solely on qualifications risks overlooking those who face discrimination that limits their development or opportunities, regardless of inherent ability (Mosley, 2008).

Responding to the Fairness of Equal Treatment

Paraphrasing Aristotle through Jefferson, the principle that “there is nothing more unequal than the equal treatment of unequal people” highlights the necessity of recognizing individual differences in fairness considerations. It is unjust to treat everyone identically when their circumstances differ substantially. Equal treatment must be contextualized; policies should account for disparities and unique disadvantages to promote genuine equity rather than mere sameness. This perspective affirms that fairness involves adjusting for differences rather than enforcing a rigid equal-treatment approach, thus fostering a more just society (Mosley, 2008).

Conclusion

In summary, Mosley's analysis underscores the importance of nuanced approaches to affirmative action and justice. Corrective measures should aim to remedy historical harms, and employment practices must consider the broader social context. Recognizing individual differences in qualifications and circumstances is fundamental to promoting fairness and genuine equality. A comprehensive understanding of these issues helps shape policies that are just, effective, and aligned with the principles of social equity.

References

• Mosley, A. G. (2008). Affirmative action: Pro. New York: Oxford University Press.
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