The Sociological Question: Goals and Legitimacy

Abstract

The third chapter is engaged in research in relation to the purposes in favour of which the affirmative actions policies are introduced, which is a necessary prerequisite for their constitutional assessment, since only legitimate goals can justify deviations from fundamental rights (if affirmative action is to be seen as a departure from legal equality) and, even if the goal is deemed to be legitimate, still the means employed must be in a state of fair proportion (basically suitable and necessary) against the goal they aspire to promote. As reflected in the doctrine and jurisprudence of affirmative action, there are two basic and three auxiliary goals pursued by the policy. The two basic purposes are the remedial purpose (compensation for past discriminations) and the cultural purpose (diversity as a means to further enhance unrepresented groups and eventually achieve better experience), which is mostly identified in the US. Auxiliary there are the societal purpose (aiming at social inclusion of vulnerable categories and social cohesion), the pedagogical purpose (aiming at establishing group models for the designated groups and raise confidence toward the institutions) and the economy purpose (targeting raise of efficiency for individuals and healthy economic environment overall).