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Living with Moral DisagreementThe Enduring Controversy about Affirmative Action$
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Michele S. Moses

Print publication date: 2016

Print ISBN-13: 9780226344249

Published to Chicago Scholarship Online: September 2016

DOI: 10.7208/chicago/9780226344416.001.0001

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The Case of Affirmative Action Policy

The Case of Affirmative Action Policy

(p.10) Two The Case of Affirmative Action Policy
Living with Moral Disagreement

Michele S. Moses

University of Chicago Press

This chapter describes the case of affirmative action in higher education as setting the stage for moral disagreement. It includes examples of key court cases and legislation for two purposes: first, to inform readers of the complex policy landscape in which my arguments land, and second, to show how all of the back and forth between judges or policymakers in the decades-long debates about affirmative action mirrors the public disagreement about the policy. As such, this chapter begins with an overview of the larger legal, political, and legislative context of the affirmative action case. It demonstrates how the moral disagreement about affirmative action plays out in political practice as those on both sides of the debate fight to have their vision of equality instantiated by policy. The landscape is complicated by the use of both legal avenues and legislative avenues.

Keywords:   affirmative action, equality, educational opportunity, race, education policy

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