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This point comes up in discussion from time to time. Affirmative action is legal in some domains.[0]

Ultimately, we all come from somewhere, and the interactive, dynamic impact of past will impact an individual's future potential.

It's nice to optimize for a static objective problem, like whom to hire or whom to admit. But people are made up from the cumulative and dynamic series of events that began happening long, long before being born. It behooves a stable society to ensure marginalized groups aren't forever left in the cold. This is often expressed with sayings like "losing privilege feels like discrimination."

Think of it this way: in introductory game theory we learn about the Prisoner's Dilemma, where both players are offered a strictly dominating choice -- and so the outcome is entirely predictable. However, what happens when the game framework is repeated indefinitely, without end? The sum of immediate payoffs can be balanced with future payoffs, and different equilibria ("good policy") can be considered (e.g. tit-for-tat). This is not even accounting for further ex-game interaction, which can open more equilibria options.

[0] https://en.wikipedia.org/wiki/Affirmative_action_in_the_Unit...



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