Equality
What is the meaning of equality?
"At least since the French Revolution, equality has served as one of the leading ideals of the body politic; in this respect, it is at present probably the most controversial of the great social ideals," (Gosepath 2007). How to measure equality, how to assess the relationship between justice and equality, and the extent of equality are among the most salient controversies (Gosepath 2007). Equality is impossible to measure precisely in any society, let alone a heterogeneous one.
The courts have had a summarily difficult time with each of these issues, especially in the realm of education law and admissions procedures. Affirmative action presents an especially difficult problem for legal analysts because affirmative action is based on the presumption that inequality exists and yet proposes inequality as a remedy. The meaning of equality can be conceived of on an ideal level, but such an ideal is impractical if not impossible. Equality should be conceived of both as a goal and as a method of ensuring social justice. Equal access to information, and equal access to social institutions, are generally guaranteed by the law whereas absolute equality is impossible to enforce.
2.What criteria should be used in the admission process?
Quotas for the admission process, such as racial quotas, are impermissible (p. 342). All applicants should be treated equally regardless of race. Creating a more diverse student body may be an admirable goal, but it is not a legally valid one for use during the admissions process (p. 345). The Constitution does not guarantee the right to preferential treatment on the basis of past discrimination; the Constitution does, however, guarantee equally protection of the law. Court decisions have wavered over the right of institutions to actively create a more ethnically diverse student body. Just as a school might prefer an athlete over a musician for admission because of the need to bolster athletics programs, a school might also prefer a Latino over a white student because of the need to bolster the campus's Spanish-language programs or social organizations. Courts have used terms like "flexibility" to describe admissions procedures that, while not being fully blind, are also nondiscriminatory (p. 348). Institutions aware of the connection between social inequity and economic class status may also use admissions criteria that take into account financial struggles.
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