Values File

Slhs value file equal protection the equal protection

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Unformatted text preview: . 141. The equal-opportunity principle is widely praised as an authentic expression of the democratic ideal and temper. I shall argue, to the contrary, that it is a cruel debasement of a genuinely democratic understanding of equality. To argue that is also to imply, of course, that a genuinely democratic conception of equality is not widely held in the United States. EQUALITY OF OPPORTUNITY WEAKENS EQUALITY OF COMMUNITY John Schaar, UC Santa Cruz Professor of Political Science, EQUALITY: SELECTED READINGS, 1997, p. 145. In addition to equality of opportunity, there is another kind of equality that is blind to all questions of success or failure. This is the equality that obtains in the relations among the members of any genuine community. It is the feeling held by each member that all other members, regardless of their many differences of function and rank, belong to the community "as fully as he does himself." Equal opportunity, far from strengthening this kind of equality, weakens it. EQUALITY OF OPPORTUNITY DESTROYS COMMON HUMANITY Bernard A.O. Williams, UC Berkeley Professor of Philosophy, EQUALITY: SELECTED READINGS, 1997, p. 101. This conflict within the ideals of equality arises even without resort to the fantasy world. It exists today in the feeling that a thorough-going emphasis on equality of opportunity must destroy a certain sense of common humanity which is itself an ideal equality. The ideals that are felt to be in conflict with equality of opportunity are not necessarily other ideals of equality. SLHS Value File Equal Protection THE EQUAL PROTECTION CLAUSE IS MEANT TO PROTECT AGAINST OPPRESSION OF MINORITIES REGARDLESS OF PUBLIC OPINION Gail L. Heriot, professor of law, University of San Diego Law School "Affirmative Action in Higher Education: Essay: Strict Scrutiny, Public Opinion, and Affirmative Action on Campus: Should the Courts Find a Narrowly Tailored Solution to a Compelling Need in a Policy Most Americans Oppose?", Harvard Journal on Legislation, Winter 2003, p. 222 The Equal Protection Clause was made part of the Constitution precisely because of the issue o...
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This document was uploaded on 11/20/2013.

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