Do “human rights”—as embodied in constitutions, nationwide legislation, and overseas agreements—foster advancements within the lives of the terrible or another way marginalized populations? while, the place, how, and lower than what stipulations? ultimate the Rights hole: From Human Rights to Social Transformation systematically compares a number case stories from world wide which will make clear the stipulations lower than which—and associations via which—economic, social, and cultural rights are steadily learned in perform. It concludes with testable hypotheses concerning how major transformative swap may possibly take place, in addition to an schedule for destiny study to facilitate rights attention all over the world.
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Finally, moving beyond the discussion of Nozick’s theory, the restoration paradigm applied on an individual level raises yet another difficulty, namely, the practical impossibility of granting each individual who experienced discrimination the exact amount of preferential treatment needed to restore what would have been his or her competitive status had this injustice not occurred, given the remaining uncertainty about the effect that this improvement of his or her life chances would have had on the degree of effort that each would then have made.
Indeed, if what one cares about is the promotion of “diversity,” whether the individuals who receive preferential treatment “deserve” it for having personally suffered from an injustice is of no importance. Therefore, the fact of including among them immigrants who came to the United States after the enactment of antidiscrimination laws and so cannot claim that they were victimized by the American government does not stand as an anomaly jeopardizing the consistency of the whole system anymore: the all-encompassing notion of “diversity” allows issues regarding the integration of blacks and new immigrants into the American mainstream to be subsumed under the same denomination.
34 Also, beyond its being unduly “subjective,”35 such an assessment would have to be reconsidered every now and then: just when “preferences [would begin] to have their desired effect, and the consequences of past discrimination [would be undone], new judicial rankings [of victimized groups] would be necessary,”36 thus jeopardizing the minimal continuity required of constitutional adjudication. ”38 As Justice Charles Evans Hughes explained in West Coast Hotel Company v. Parrish: . . the legislative authority, acting within its proper field, is not bound to extend its regulation to all cases which it might possibly reach.