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Comprehensive Research of the Affirmative Action

Research Project

Project/Area Number 11620025
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Public law
Research InstitutionKYUSHU UNIVERSITY

Principal Investigator

YOKOTA Koichi  Kyushu University Graduate School of Social of Cultural Studies, Professor, 大学院・比較社会文化研究院, 教授 (80038455)

Project Period (FY) 1999 – 2000
Project Status Completed (Fiscal Year 2000)
Budget Amount *help
¥800,000 (Direct Cost: ¥800,000)
Fiscal Year 2000: ¥800,000 (Direct Cost: ¥800,000)
KeywordsAffimative Action / Positive Action / reverse discrimination / group rights / discrimination / equality / 差別 / 平等
Research Abstract

1. Main object of this research is "the Affirmative Action Program." It is a temporary, active discrimination solution policy, which determines a goal and timetable. This policy makes "race, sex or color" the standard of judgment. It should be distinguished clearly with "the quota system."
2. In the U.S.in the 20th century, the goal of the discrimination liberation campaign was the idea called "color-blind." This goal materialized it in the 1960's for theory.
3. However, it understood that it is not sufficient to the solution of deep-rooted discrimination. Hereupon, the Affirmative Action policy was born. However, the policy brought forth disunion between the person who was a colleague heretofore.
4. This AA policy is carried out on the basis of 5 legal bases. Also, such several guidelines that carry out this policy were made by government organizations.
5. The evaluation of the result of this policy is difficult for many reasons. Strong opposite opinion is expressed to this policy from several reasons. And there is theoretical justifiability in the opinion. On the other hand, the importance of reason that supports the policy is changing recently among the persons who support the policy. However, I think the other more strong reasons are necessary.
6. Recently, the movement opposing the AA policy is rising. And the Proposition 209 that prohibits this policy was established in California in 1996. We need to pay attention to that the persons, who were supporting this policy in the past in the case, be circling on an opposite side.
7. We can see the trend of hostility to the AA policy in the judicial precedents of Supreme Court of the United States in the recent years. However, there are many problems to its "the violation of the constitution examination standards."
8. The policy that resembles the AA policy is spreading in many countries in the world. Even Japan is about to accept this policy. The merits and demerits of this policy must be examined every each discrimination.

Report

(3 results)
  • 2000 Annual Research Report   Final Research Report Summary
  • 1999 Annual Research Report
  • Research Products

    (6 results)

All Other

All Publications (6 results)

  • [Publications] 横田耕一: "「集団」の「人権」"公法研究. 61. 46-69 (1999)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      2000 Final Research Report Summary
  • [Publications] 横田耕一: "マイノリティの人権"法学セミナー. 554. 42-46 (2001)

    • Description
      「研究成果報告書概要(和文)」より
    • Related Report
      2000 Final Research Report Summary
  • [Publications] YOKOTA,KOICHI: "Groups and Human Rights"PUBLIC LAW REVIEW. No.61. 46-69 (1999)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      2000 Final Research Report Summary
  • [Publications] YOKOTA,KOICHI: "Human Rights of Minorities"HOGAKU SEMINAR. No.554. 42-46 (2001)

    • Description
      「研究成果報告書概要(欧文)」より
    • Related Report
      2000 Final Research Report Summary
  • [Publications] 横田耕一: "「集団」の「人権」"公法研究. 61号. 46-69 (1999)

    • Related Report
      2000 Annual Research Report
  • [Publications] 横田耕一: "マイノリティの人権"法学セミナー. 554号. 42-46 (2001)

    • Related Report
      2000 Annual Research Report

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Published: 2000-04-01   Modified: 2016-04-21  

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