美国肯定性行动政策探源及其发展

American Affirmative Action: An Overview

肯定性行动从理念来看,是针对弱势群体的一种积极补偿行动,以实现教育、就业等领域的人人平等为宗旨,反对任何形式的种族、性别歧视,它的发端在美国可以追溯至联邦宪法第十四修正案,而理念指导具体的实践则可以溯源于罗斯福总统的新政;作为一项具体政策,起始于肯尼迪总统执政时期,真正成形于林登·约翰逊政府,它开始从反对种族歧视、强调人人平等转向对少数族群、妇女等弱势群体在就业、教育以及公共合同承包给予一定的优待和倾斜。肯定性行动从联邦政府作为一项政策实行伊始,围绕其争议就未曾停息。而且政策的争议充满悖论,悖论后面折射的是肯定性行动在美国的复杂性和敏感性。

Affirmative action,theoretically,is a compensatory measure on the basis of racial and gender non-discrimination aimed at aiding the disadvantaged groups in order to achieve broader social equality in education,employment and other policy spheres. While its constitutionality is rooted in the14th？ Amendment of the US Constitution,its conceptual genesis can be traced to the New Deal era under President Roosevelt. As a concrete policy,however,affirmative action was first introduced by the John F. Kennedy administration and was officially formulated during the Lyndon B. Johnson administration. Initially focusing on fighting racism and social inequality,it was broadened to provide some degree of preference for minorities,women and other groups in employment,education and public service contract. As such,ever since its inception as a federal social policy,affirmative action has never ceased to be controversial in American society. These controversies are full of paradox which abundantly reflects the complexities and social sensitivity of affirmative action in America.