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25 Tocqueville Rev. 77 (2004)
Affirmative Action and Positive Discrimination

handle is hein.journals/tocqvr25 and id is 77 raw text is: The Tocqueville Review/La Revue Tocqueville, Vol. XY, n 1 - 2004 AFFIRMATIVE ACTION AND POSITIVE DISCRIMINATION Daniel DiSALvo & James W. CEASER A specter is haunting France and America. It is known alternatively as discrimination positive or affirmative action. The concept refers to policies that legitimate the use of measures that explicitly take into account an individual's group status in the allocation of jobs, contracts, and university admissions to assist groups that are disadvantaged and that have suffered historically from discrimination. According to its proponents, the larger objectives of these policies include eliminating patterns of negative discrimination, producing greater equality, integrating members of these groups into society by giving them a larger stake in it, and achieving greater representativeness or diversity. Yet, the concept of discrimination positive or affirmative action has generated enormous controversy and opposition in both societies. It violates, many insist, a fundamental principle of what the French call r publicanisme and Americans call liberalism: the awarding of positions and benefits on the basis of colorblind (non-ascriptive) and, where applicable, meritocratic criteria. Although the basic meaning of the concept is roughly the same in both societies, the status of the policy in the two countries is vastly different. Affirmative action has now been in effect in the United States, in some form, for four decades. It has been extensively debated, litigated, and studied. Hundreds of scholars and journalists have addressed one aspect

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