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Positive discrimination in France and in the United States

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  1. Définition de la mobilité durable
  2. L'offre sur le marché
    1. Les différents types de carburants
    2. Les principaux modèles existants
    3. Les évolutions attendues
  3. La demande existante et les évolutions possibles
    1. Une prise de conscience des problèmes environnementaux
    2. Les décisions prises pour changer les comportements
    3. L'évolution des mentalités et le changement des habitudes
  4. Le contexte
    1. Environnement économique de l'automobile
    2. L'environnement juridique de l'automobile
    3. Environnement politique de l'automobile
    4. L'environnement social et sociétal de l'automobile
    5. L'environnement technologique de l'automobile

?Equality was the only thing beautiful in the sterile fiction of the law'. Equality in fact is only one dream; it satisfies you with conditional equality: you all are equal in front of the law. In France and the United States, the principle of equality is devoted constitutionally, and equality, in fact, is not proven. Thus, one thinks of the means to restore this equality in fact. The United States was confined of the principle of ?affirmative action'.

According to Kent Greenwlat, ?these whole measurements that are not increasing the advantages of the members of a group are under-represented and are victims of discrimination. It withdrew from a given industrial relations policy, [while instituting] a preferential treatment?. In France, there is no principle translating this concept directly, if it is not that of positive discrimination. It is the ?fact of establishing a difference with the profit of people, established on the basis of criterion prohibited by the Constitution, with an aim of establishing a socially broken equality (for example, to encourage the employment of women)'.

They are 'illegitimate differentiations made legitimate by the legislator'. The application of positive discrimination is prone to controversy, more in France than in the United States. The subject, fallen into the lapse of memory in France, resurfaced in the media following the election of Barack Obama as the President. This election forced the Republican model to open its eyes on the reality of the equality in France. It became inconceivable to think of the policy without evoking positive discrimination. Is it possible to develop a positive discrimination in the model of the United States in France?

Initially, it will be necessary to explain the concept of "affirmative action" to show the incompatibility with the republican model in France. Then he will demonstrate how discrimination was echoed in the French law, which has accommodated to the universalist culture, while the United States, by contrast, seem to back on affirmative action.

The principle of affirmative action was born in 1965, under the leadership of President Johnson. It is the result of a particular social context that should be explicit. United States, often called "Nation of Many People", practiced from 1880 to 1964 about the segregation of blacks, on a legal basis: the so-called Jim Crowl aws. In 1964, President Johnson agreed to sign the Civil Rights Act (the Civil Rights Act). This text, is basic, and can fully dismantle Jim Crow laws and prohibits discrimination "because of race, color, religion, sex, or national origin." In 1965, he signed the Voting Rights Act. The equality is established in law.

However, de facto equality does not follow. Discrimination is certainly more legal, but it persists, just as segregation in areas such as busing, that is to say the school bus. Segregation patterns are still deeply rooted in the mentality of the time and the principle of color-blindness of the country desired by Johnson is a failure. One must therefore restore equality, initially forcing, as it were, the people to stand properly, and correcting a longstanding inequity.

Tags: France; United States; positive discrimination; concept of affirmative action; equality in France;

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