Book Review:
Carl Cohen, What is “Affirmative Action”? (reviewing John C.
Livingston’s Fair Game? Inequality and Affirmative Action),
58 TEXAS L. REV. 845 (1980).
Abstract:
Livingston’s book explicitly defends racial preferences as a
means for achieving equal outcomes among racial groups. He
criticizes as dishonest and half-hearted anyone who endorses a
more nuanced approach to affirmative action. Cohen argues that
this is importantly misguided. He suggests that affirmative
action should consist of using preferential treatment as a
mechanism for compensating those who have been injured by past
discrimination. In practice, those who have been so injured may
need to be identified by their skin color. But affirmative
action is only justifiable to the extent that it provides
redress for specific injuries.