Kan positiv särbehandling rättfärdigas? En normativ analys av etnisk kvotering till juristprogrammet vid Uppsala universitet

Sammanfattning: Whether use of affirmative action can be justified is an ethical dilemma that has been intensely debated. The question raises several conflict dimensions. The purpose of this thesis is to separate different arguments of the debate and classify which principles they are built upon. To accomplish this, an analytical instrument is created where three different perspectives of equality, and deontology versus consequentialism, are compared. A third conflict dimension, individual versus group ethical principles, is also considered. The analytical instrument is subsequently put to test in a case study. Uppsala University was charged for discrimination when allocating quotas based on ethnicity during admission to their law studies. The arguments of the different parties of the case are analysed. The analytical instrument showed to be fruitful when analysing the arguments of this issue. The analysis showed that the answer of the question whether affirmative action can be justified depends on what perception of equality, and to some extent of the other ethical principles, the debater advocates. The arguments of different sides in the Uppsala-case were based on different definitions of equality. An interesting result was that two of three parties in the case seemed to be inconsistent in the perception of equality.