Dworkin

’s Belief Of Preferential Treatment Essay, Research Paper


Dworkin’s Belief of Preferential Treatment


For many years, preferential treatment has been used to try to make up


for past wrong-doings to minorities. There have been many cases tried over


racial discrimination, with verdicts of both innocent and guilty. Ronald


Dworkin attempts to argue that preferential treatment is socially useful and at


the same time does not violate people’s rights. This is wrong for many reasons;


here I shall illustrate how preferential treatment hinders racial equality,


violates people’s rights, and can lead to a lower opinion toward a particular


race.


Dworkin believes that continuing preferential treatment will decrease


racial consciousness and the importance of race. This is the total opposite of


what truly happens. If a person were to consider America’s past, as an example,


he would see how racially diverse people were. Now look around. Just walking


across any given area, groups of people of the same race are seen walking


together. Most people do not notice this, but very rarely are groups of


ethnically diverse people seen. Although there are no longer any laws stating


that there must be a separation between different races, people still practice


it unconsciously. Dworkin states that the long-term goal of preferential


treatment “is to reduce the degree to which American society is overall a


racially conscious society (294).” Preferential treatment does nothing of the


sort. It was used widely in the past and still exists in some areas today. It


has not reduced racial consciousness, but increased it by making people think


more about how many spaces are reserved for their particular race. Instead,


people should think of what their chances are of getting something on account of


their personal knowledge over someone else’s, not even considering their race as


a factor. This is evident in a black’s point of view of getting into the


medical school of the University of California at Davis. Sixteen places are set


aside just for blacks and other minorities, no matter how low their test scores


are. That way, minorities don’t even have to worry about competing with whites


for a position. This does not, in any way, reduce racial consciousness by


setting two tracks for admission to medical school, one for the minorities, and


one for the majority.


Mr. Dworkin supports the idea that preferential treatment does not


violate people’s rights. His argument is weak here because he attempts to prove


this by saying that if two things do not violate people’s rights, then neither


does a third. The two things that supposedly do not violate rights are the


denial of someone to medical school because of their age and because their test


scores are just below the cutoff line of admission. He then assumes that


because these two do not violate rights, then neither does denying an applicant


because he will not reduce racial consciousness as much as an individual of


another race would. By taking this argument apart piece by piece, it is evident


that all three parts of his argument violate rights. Preferential treatment


violates a person’s right to be “judged on merit and merit alone(299).” Dworkin


says that another definition for merit is qualification, and for some jobs, race


can be a qualification. Given a specific job, certain human characteristics are


more desirable than others. People with these preferred characteristics are


more likely to get this job. For example, a desirable quality for a surgeon is


steady hands; therefore, a person with steady hands is more likely to get this


position than a person with shaky hands. Using race in a similar example,


preferential treatment would be just if there were a job where one race is more


qualified than another. The problem with this is that there are no such jobs.


Dworkin says that denying a person admission because of his age does not violate


that person’s rights, but then, is the individual being judged on his merit and


merit alone? No. It is therefore wrong to discriminate against someone


because of their age because it violates his rights.


A second

objection to Dworkin’s belief that preferential treatment does


not violate people’s rights is that people have the right to be judged as an


individual. Preferential treatment supports grouping people together according


to race and then judging them as a whole. Dworkin agrees with Colvin when he


says that people have the right not to be disadvantaged because of one’s race


alone. Many colleges set cutoff limits to the applicants’ scores that they


admit. Some applicants that barely fall below the line have much more


dedication and enthusiasm than those above the line, and would make better


students by these attributes. Unfortunately, these students are not even


considered because they are not looked at as an individual, but judged solely by


their scores. Now imagine a situation similar to this where race is the


determinant of whether a person is accepted or not. If a person were to be


turned down from a college because of his skin color before he was given a


chance to be interviewed, the college may loose a very smart student. Skin


color should not be used to group people because within one skin color, many


different kinds of people can be grouped together. A possible alternative to


this approach is similar to it, but with one slight change?create a range around


the cutoff line where the students are considered on an individual basis. Those


inside this zone with admirable qualities are accepted and those without are


rejected.


The third objection that preferential treatment does not violate


people’s rights is that a person has the right not to be excluded, disadvantaged,


or denied some good because of race alone. In Bakki’s case, Dworkin agrees that


he would have been accepted had he been a minority, but says that he was not


disadvantaged because of his race. He says that Bakki would also have been


accepted had he gotten better test scores or had been younger, so his color is


not the only thing that kept him from being accepted. Here, Dworkin is


comparing apples and oranges. A person’s color is no determinant of whether he


should be suitable for a job, and neither should his age (although I will not


discuss this here). His knowledge is what is important. A doctor should not be


turned away because of his race or because he may be a few years older than


another, but he may very well be turned away because he is not performing his


job to the necessary degree because he lacks the needed knowledge. A person’s


color or age has nothing to do with his intelligence. This is yet another weak


argument given by Dworkin.


One more disadvantage to preferential treatment is how people feel when


they work with people who have been helped by preferential treatment. If a


black man were to apply to medical school and be accepted only because of his


skin color, what kind of business would he run if he were to make it out of


medical school for the same reasons? There would be a great disadvantage to


giving him a little extra leeway because of his race. During college, he might


not try as hard on his studies because he knows he will make it by and therefore


not gain all the necessary information to be a good doctor. Then, after he


graduates and works with other doctors, he may not only give his race a bad name


by not knowing what he should have learned in college, but he may also lose


patients from being misdiagnosed. It is clear that giving racial preferences


can lead to great problems in the future, and should therefore not be used.


Many people have explained both advantages and disadvantages to


preferential treatment since the racial injustice campaign began in 1954. One


of whom is Ronald Dworkin, who spoke on the side for preferential treatment. He


argued that while decreasing racial consciousness, it does not violate anyone’s


rights. When trying to prove his side, he uses examples that are


uncharacteristic to racial preferences such as race being a qualification for a


job. Although Dworkin argues his point well, he uses examples that just do not


back up his beliefs as well as they should and do not draw a distinct line of


why preferential treatment should be used.


35b

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