Discrimination, Misc

In Faces of Inequality: A Theory of Wrongful Discrimination, Sophia Moreau embarks on a classic philosophical journey. It’s what philosophers nowadays call an explanatory project. The goal of explanatory projects is to deepen our understanding of wrongful actions and what they share in common. In this review essay, I argue that Moreau’s book embodies a valuable explanatory project and contribution to discrimination theory that ought to be on the radar of lawyers, legal theorists, and philosophers. After sketching the book’s arguments, (...) I explain why they are so refreshing. The remainder of the essay proceeds in a more critical mode. First, I argue that book’s explanatory aspirations fall short, and I sketch a framework for a more radically pluralistic theory of wrongful discrimination. This framework has the power to embrace Moreau’s compelling view that discrimination wrongs people by failing to treat them as equals while also recognizing a rich array of other discriminatory wrongs found in lived experience. Second, I argue that Faces of Inequality will disappoint readers looking for a truly inclusive account of wrongful discrimination. I end by emphasizing the book’s contribution to political philosophy and its ambition to provide a truly liberatory theory of what we owe to each other as moral and political equals. (shrink)

In this paper, I suggest that the wrongness of many—though not at all—cases of microaggressions can be captured as cases of negligence. A case of negligence holds when, regardless of an actor’s intentions, he or she wrongs another in a manner that is both reasonably foreseeable and reasonably avoidable. Thinking of microaggressions as negligence answers some objections of skeptics who focus on the possibility that the alleged microaggressor “meant no offense”. It does so while retaining language explaining why a wrong (...) was committed and suggesting what sort of corrective behavior can reasonably be demanded to avoid these wrongs in the future. I also argue that a negligence framework does a better job of phenomenologically explaining most microaggressions—both why they occur and why they are perceived as the sort of conduct that subjects the microaggressor to agent-level moral criticism. Indeed, I believe that negligence-style logic permeates many accounts that already exist regarding microaggressions, albeit without fully being recognized. Finally, in cases where it applies, the negligence framework has an advantage over alternate accounts in that it provides for consideration of both the moral culpability of the perpetrator as well as the tangible impact of microaggressions on the victim. (shrink)

According to theoretical work on epistemic injustice, baseless discrediting of the knowledge of people with marginalized social identities is a central driver of prejudice and discrimination. Discrediting of knowledge may sometimes be subtle, but it is pernicious, inducing chronic stress and coping strategies such as emotional avoidance. In this research, we sought to deepen the understanding of epistemic injustice’s impact by examining emotional responses to being discredited and assessing if marginalized social group membership predicts these responses. We conducted a novel (...) series of three experiments (Total N = 1690) in which participants (1) shared their factual knowledge about how a game worked or their personal feelings about the game; (2) received discrediting feedback (invalidating remarks), validating feedback (affirming remarks), or insulting feedback (general negative social evaluation); and then (3) reported their affect. In all three studies, on average, affective responses to discrediting feedback were less negative than to insulting feedback, and more negative than to validating feedback. Participants who shared their knowledge reported more negative affect after discrediting feedback than participants who shared their feelings. There were consistent individual differences, including a twice-replicated finding of reduced negative affect after receiving discrediting and insulting feedback for Black men compared to White men and women and Black women. Black men’s race-based traumatic symptom scores predicted their affective responses to discrediting and insulting feedback, suggesting that experience with discrimination contributed to the emotional processing of a key aspect of epistemic injustice: remarks conveying baseless discrediting of knowledge. (shrink)

The present comment concerns a recent AI & Ethics article which purports to report evidence of speciesist bias in various popular computer vision (CV) and natural language processing (NLP) machine learning models described in the literature. I examine the authors' analysis and show it, ironically, to be prejudicial, often being founded on poorly conceived assumptions and suffering from fallacious and insufficiently rigorous reasoning, its superficial appeal in large part relying on the sequacity of the article's target readership.

Purpose: The millennia long struggles of various oppressed groups have over time illuminated widespread social injustices, organically leading to the recognition of yet further injustices captured by the umbrella of discriminatory isms, such as racism, sexism, classism, ableism, anti-Semitism, ageism, heterosexism, and many others. In recent years, the debate has become increasingly fierce, polarized, and even physically violent. -/- Approach: One of the premises of the present work is that in part, the aforementioned unconstructive behaviours are a result of the (...) different understandings of what constitutes an ism and the lack of a thoughtful consideration of this issue in the mainstream social debate as much as in the academic literature. -/- Findings: I present evidence for this, and critique the dominant lines of thought in this realm showing them all to fall short of both the fundamental philosophical as well practical desiderata in how isms ought to be understood. -/- Originality: I propose an alternative which does not suffer from the same weakness: one based on the denial of equivalence of sentience. I show how the adoption of this understanding leads to constructive ways of addressing isms effected injustice. (shrink)

This chapter starts from the claim that the state is plagued with problems of political short-termism: excessive priority given to near-term benefits at the expense of benefits further in thefuture. One possible mechanism to reduce short-termism involves apportioning greater relative political influence to the young, since younger citizens generally have greater additional life expectancy than older citizens and thus it looks reasonable to expect that they have preferences that are extended further into the future. But the chapter shows that this (...) is unlikely to make states significantly less short-termist: no empirical relationship has been found between age and willingness to support long-termist policies. Instead, the chapter proposes a more promising age-based mechanism. States should develop youth citizens’ assemblies that ensure accountability to future generations through a scheme of retrospective accountability. (shrink)

I am broadly sympathetic to Dale Matthew’s analysis concerning phenotypic devaluation and disadvantage. However, in what follows, I restrict my remarks to a few areas where I think he either lacks empirical precision, or overstates his case.

Adrian Piper provides an excellent way of thinking about both what motivates discrimination and the relationship between stereotyping and discrimination. Piper elucidates two kinds of political discrimination, namely first- and higher-order political discrimination. The relationship between discrimination and stereotyping can be captured by a form that I call “discrimination from descriptive stereotyping.” Here, stereotypical properties are taken to be possessed by and principally define individuals because of groups to which they belong; they are descriptive properties explain what group-members must be (...) like. Discrimination results from and is thought to be justified by the perception that group-members must unfailingly possess certain negatively valued attributes because they belong to targeted groups. In this article I add a form of discrimination as related to stereotyping that has been rather overlooked, call it “discrimination from normative stereotyping.” Here, stereotypes prescribe criteria for what legitimate members of some group are like, and thus which attributes group-members ought to possess. Discrimination results from a failure of group-members to possess these stereotypical attributes. And thus negative evaluations that lead to discrimination are not made insofar as persons are thought to possess some negatively valued attribute. Herein I take discrimination from normative stereotyping to explain the use of particular slurs, namely race-traitor terms such as “Uncle Tom” and “Nigger Lover.” Targets of these slurs are discriminated against in some sense because they are perceived as failing to be legitimate group-members. (shrink)

Social inequality may obstruct the generation of knowledge, as the rich and powerful may bring about social acceptance of skewed views that suit their interests. Epistemic equality in the context of justification is a means of preventing such obstruction. Drawing on social epistemology and theories of equality and distributive justice, we provide an account of epistemic equality. We regard participation in, and influence over a knowledge-generating discourse in an epistemic community as a limited good that needs to be justly distributed (...) among putative members of the community. We argue that rather than trying to operationally formulate an exact criterion for distributing this good, epistemic equality may be realized by insisting on active participation of members of three groups in addition to credited experts: relevant disempowered groups, relevant uncredited experts, and relevant stakeholders. Meeting these conditions fulfills the political, moral, and epistemic aims of epistemic equality. (shrink)

Stereotypes are commonly alleged to be false or inaccurate views of groups. For shorthand, I call this the falsity hypothesis. The falsity hypothesis is widespread and is often one of the first reasons people cite when they explain why we shouldn’t use stereotypic views in cognition, reasoning, or speech. In this essay, I argue against the falsity hypothesis on both empirical and ameliorative grounds. In its place, I sketch a more promising view of stereotypes—which avoids the falsity hypothesis—that joins my (...) earlier work on stereotypes in individual psychology with the work of Patricia Hill Collins on cultural stereotypes. According to this two-part hybrid theory, stereotypes are controlling images or ideas that enjoy both a psychological and cultural existence, which serve a regulative social function. (shrink)

The distinction between intentional and unintentional discrimination is a prominent one in the literature and public discourse; intentional discriminatory actions are commonly considered particularly morally objectionable relative to unintentional discriminatory actions. Nevertheless, it remains unclear what the two types amount to, and what generates the moral difference between them. The paper develops philosophically-informed conceptualizations of the two types based on which the moral difference between them may be accounted for. On the suggested account, intentional discrimination is characterized by the agent (...) viewing the content of an underlying discriminatory belief as a consideration that counts in favor of her action. This, it is argued, amounts to endorsing the discriminatory belief, which generates the particular moral severity of intentional discrimination. (shrink)

The social model of disability claims that disadvantage from disability is primarily a result of the social response to bodily difference. Social modellers typically draw two normative conclusions: first, that society has a responsibility to address disability disadvantage as a matter of justice, not charity; second, that the appropriate way of addressing this disadvantage is to change social institutions themselves, to better fit for bodily difference, rather than to normalize bodies to fit existing institutions. This paper offers a qualified defense (...) of both inferences. Social institutions have reasons of justice to fix disability disadvantage, because the choice of institutions that contingently favor those whose bodies are statistically typical incurs responsibilities to compensate those who disfavored, in that choice. Among other things, this responsibility implies that societies should not simultaneously materially disadvantage disabled people, and also withhold symbolic resources, by demanding a presumption in favor of personal transformation – thereby, undermining the social conditions for disability pride. (shrink)

Why does social injustice exist? What role, if any, do implicit biases play in the perpetuation of social inequalities? Individualistic approaches to these questions explain social injustice as the result of individuals’ preferences, beliefs, and choices. For example, they explain racial injustice as the result of individuals acting on racial stereotypes and prejudices. In contrast, structural approaches explain social injustice in terms of beyond-the-individual features, including laws, institutions, city layouts, and social norms. Often these two approaches are seen as competitors. (...) Framing them as competitors suggests that only one approach can win and that the loser offers worse explanations of injustice. In this essay, we explore each approach and compare them. Using implicit bias as an example, we argue that the relationship between individualistic and structural approaches is more complicated than it may first seem. Moreover, we contend that each approach has its place in analyses of injustice and raise the possibility that they can work together—synergistically—to produce deeper explanations of social injustice. If so, the approaches may be complementary, rather than competing. (shrink)

The status of indirect discrimination is ambiguous in the current literature. This paper addresses two contemporary and related debates. First, for some, indirect discrimination is not truly a distinct kind of discrimination, but it is simply a legal construct designed to address distributive inequalities between groups. Second, even if one accepts that indirect discrimination is a distinct type of discrimination, the connection between the two kinds of discrimination, direct and indirect, is debated. For some, they are distinct act-types, while for (...) others, indirect discrimination should be conceived as a side effect of prior cases of direct discrimination. In this paper, I argue that indirect discrimination is a distinct act-type that can take place without being connected to prior instances of direct discrimination. (shrink)

The complex history of pandemics has created a diversified array of anti-epidemic responses, which have allowed structures of authority to express their power in multiple ways. In this paper, by considering theories applicable to cases ranging from Europe to Asia, from the 11th to the 18th century, we conduct a comparative analysis capable of identifying common traits and radical differences, aiming to show how such deployment of power was not always commensurate with the medical theories of the age, and with (...) the gravity of the epidemiological situation. Specifically, we analyse how Western European States, in their process of formation, employed the concept of ‘public health’ to create the grounds for an unprecedented exercise of power over the private sphere. Furthermore, we compare this attitude with the discrimination of the minority known as burakumin in Japan, which was destined to undertake any ‘dirty’ or ‘impure’ occupation, to preserve the immunity of the community. In other words, we examine how structures of power have exploited states of exception to implement control measures beyond the needs of the situation through an increasingly hypertrophic apparatus of security; and ways in which political authorities have not aligned with medical or philosophical authorities of their times, for opportunistic reasons that benefited their own social, religious, or racial group. (shrink)

Using pure statistical evidence about a group to judge a particular member of that group is often found objectionable. One natural explanation of why this is objectionable appeals to the moral notion of respecting individuality: to properly respect individuality, we need individualized evidence, not pure statistical evidence. However, this explanation has been criticized on the ground that there is no fundamental difference between the so-called “individualized evidence” and “pure statistical evidence”. This paper defends the respecting-individuality explanation by developing an account (...) of what it means to respect individuality. It combines an idealistic account of respecting individuality and a prioritization account of respecting individuality, and offers a principled way to distinguish individualized evidence from non-individualized evidence. (shrink)

Members of the field of philosophy have, just as other people, political convictions or, as psychologists call them, ideologies. How are different ideologies distributed and perceived in the field? Using the familiar distinction between the political left and right, we surveyed an international sample of 794 subjects in philosophy. We found that survey participants clearly leaned left (75%), while right-leaning individuals (14%) and moderates (11%) were underrepresented. Moreover, and strikingly, across the political spectrum, from very left-leaning individuals and moderates to (...) very right-leaning individuals, participants reported experiencing ideological hostility in the field, occasionally even from those from their own side of the political spectrum. Finally, while about half of the subjects believed that discrimination against left- or right-leaning individuals in the field is not justified, a significant minority displayed an explicit willingness to discriminate against colleagues with the opposite ideology. Our findings are both surprising and important, because a commitment to tolerance and equality is widespread in philosophy, and there is reason to think that ideological similarity, hostility, and discrimination undermine reliable belief formation in many areas of the discipline. (shrink)

Reclamation is the phenomenon of an oppressed group repurposing language to its own ends. A case study is reclamation of slur words. Popa-Wyatt and Wyatt (2018) argued that a slurring utterance is a speech act which performs a discourse role assignment. It assigns a subordinate role to the target, while the speaker assumes a dominant role. This pair of role assignments is used to oppress the target. Here I focus on how reclamation works and under what conditions its benefits can (...) stabilise. I start by reviewing the data and describing preconditions and motivations for reclamation. Can reclamation be explained in the same basic framework as regular slurring utterances? I argue that it can. I also identify some features that must be a prediction of any theory of reclamation. I conclude that reclamation is an instance of a much broader class of acts we do with words to change the distribution of power: it begets power, but it also requires it. (shrink)

It is common for conservationists to refer to non-native species that have undesirable impacts on humans as “invasive”. We argue that the classification of any species as “invasive” constitutes wrongful discrimination. Moreover, we argue that its being wrong to categorize a species as invasive is perfectly compatible with it being morally permissible to kill animals—assuming that conservationists “kill equally”. It simply is not compatible with the double standard that conservationists tend to employ in their decisions about who lives and who (...) dies. (shrink)

Presently, there is a lack of psychological and quantitative studies in Singapore about discriminatory attitudes. This paper aimed to contribute to this aspect. However, to examine actual behavior can be difficult due to the sensitive nature of the needed data. Hence, this study approached discrimination at an attitudinal level. Six vulnerable groups were examined in this study. They consisted of people of a different race, immigrants or foreign workers, homosexuals, people living with HIV/AIDS, people of a different religion, and unmarried (...) couples living together. Two research questions were posed: 1) What is the prevalence of having discriminatory attitude toward vulnerable groups? and 2) What are the predictors of these discriminatory attitudes? Using a sample population of 1,972 Singaporeans, descriptive analysis and binomial logistic regression analysis were conducted. Firstly, based on the results, the prevalence ranged between 10.76% to 42.46%. Singaporeans have discriminatory attitude toward vulnerable groups who can be categorized into two: the least discriminated (three groups ranging between 10.76% to 15.48%) and the highly discriminated (three groups ranging between 30.86% to 42.46%). Secondly, binomial logistic regression showed support for several significant predictors such as emphasis on the importance of religion and tradition, and employment status, depending on the model assessed. However, one pattern was observed in all the models, that a person who discriminates one group is more likely to discriminate another group. The findings were then discussed and explained within the context of Singapore. (shrink)

ABSTRACTChildren are often perceived to be less credible testifiers than adults. Their inexperience and affinity for play can provide reason to question their credibility and sincerity as truth tellers. The discrediting of children's testimonial claims can, however, result in an injustice when it stems from an uncritical age-related identity prejudice. This injustice can lead to several consequences varying in severity, with the worst cases leading to their deaths. More commonly, and especially when this injustice is considered in combination with other (...) intersectional identities, it has the potential to render these children invisible. In this paper, we discuss common domains within which children can face epistemic injustice when testifying about their experiences. The heart of the paper explores the most severe instances of epistemic injustices by reviewing three cases where children with intersectional identities died after their testimony was not believed. The paper concludes by emphasizing some of the important considerations that a recognition of intersectionality brings to the current discussion. (shrink)

The use of Quality-Adjusted Life Years (QALYs) in healthcare allocation has been criticized as discriminatory against people with disabilities. This article considers a response to this criticism from Nick Beckstead and Toby Ord. They say that even if QALYs are discriminatory, attempting to avoid discrimination – when coupled with other central principles that an allocation system should favour – sometimes leads to irrationality in the form of cyclic preferences. I suggest that while Beckstead and Ord have identified a problem, it (...) is a misdiagnosis to lay it at the feet of an anti-discrimination principle. The problem in fact comes from a basic tension between respecting reasonable patient preferences and other ways of ranking treatment options. As such, adopting a QALY system does not solve the problem they identify. (shrink)

If someone says, “You’ve stereotyped me,” we hear the statement as an accusation. One way to interpret the accusation is as follows: you haven’t seen or treated me as an individual. In this essay, I interpret and evaluate a theory of wrongful stereotyping inspired by this thought, which I call the failure-to-individualize theory of wrongful stereotyping. According to this theory, stereotyping is wrong if and only if it involves failing to treat persons as individuals. I argue that the theory—however one (...) interprets it—is inadequate. Either the theory will not reliably identify all cases of wrongful stereotyping or it will fail to adequately explain why they are wrong. I conclude that it does not follow that we must entirely jettison the objection that stereotyping fails to treat persons as individuals. What follows is only that the objection must play a more circumscribed role in a theory of when and why stereotyping is wrong. (shrink)

This is a short introduction to a book symposium on Paul Gowder's recent book, _The Rule of Law in thee Real World_ (Cambridge University Press, 2016). The book symposium will appear in the St. Luis University Law Journal, 62 St. Louis U. L.J., -- (2018), with commentaries on Gowder's book by colleen Murphy, Robin West, Chad Flanders, and Matthew Lister, along with replies by Paul Gowder.

Many philosophers argue that religious schools are guilty of indoctrinatory harm. I think they are right to be worried about that. But in this article, I will postulate that there are other harms for many individuals that are more severe outside the religious school. Accordingly the full scope of harm should be taken into account when evaluating the harm that some religious schools may do. Once we do that, I suggest, justice may require that we choose the lesser harm. To (...) simplify matters, I focus my attention on the stigmatic harm done to Muslims, and the role that Islamic schools might be expected to play in mitigating that harm. If the full weight of stigmatic harm is factored into the ethical analysis concerning Islamic schools, then I suggest that there are sufficiently weighty pro tanto reasons for Muslim parents to prefer an Islamic school over the alternatives, notwithstanding the potential indoctrinatory harm. (shrink)

There has recently been much talk of the dangers of implicit bias and speculation about how to diminish it.1 I took a couple of the implicit bias tests on the Harvard website2—tests on bias toward women and toward African Americans—and found to my dismay that I am not as unbiased as I would hope to be. My own implicit bias can have significant ramifications toward my colleagues and co-workers and especially toward my students—I don't want my personal biases to negatively (...) influence their education. Similarly, we wouldn't want any such kind of bias, scaled up to the level of the profession, to hamper progress in the profession.We call bias in regard to gender "sexism," against other races "racism," and against other... (shrink)

This paper tries to explain why racial profiling involves a serious injustice and to do so in a way that avoids the problems of existing philosophical accounts. An initially plausible view maintains that racial profiling is pro tanto wrong in and of itself by violating a constraint on fair treatment that is generally violated by acts of statistical discrimination based on ascribed characteristics. However, consideration of other cases involving statistical discrimination suggests that violating a constraint of this kind may not (...) be an especially serious wrong in and of itself. To fully capture the significant wrong that occurs when racial profiling is targeted at black Americans or other similarly situated groups, it is argued that we should appeal to the idea that this basic injustice is exacerbated when it forms part of a larger pattern of similar actions that collectively realize a state of cumulative injustice. (shrink)

The conceptualization and moral analysis of discrimination constitutes a burgeoning theoretical field, with a number of open problems and a rapidly developing literature. A central problem is how to define discrimination, both in its most basic direct sense and in the most prominent variations. A plausible definition of the basic sense of the word understands discrimination as disadvantageous differential treatment of two groups that is in some respect caused by the properties that distinguish the groups, but open questions remain on (...) whether discrimination should be restricted to concern only particular groups, as well as on whether it is best conceived as a descriptive or a moralized concept. Furthermore, since this understanding limits direct discrimination to cases of differential treatment, it requires that we be able to draw a clear distinction between equal and differential treatment, a task that is less simple than it may appear, but that is helpful in clarifying indirect discrimination and statistical discrimination. The second major problem in theorizing discrimination is explaining what makes discrimination morally wrong. On this issue, there are four dominant contemporary answers: the valuational and expressive disrespect accounts, which hold that discrimination is wrong when and if the discriminator misestimates or expresses a misestimate of the moral status of the discriminatee; the unfairness account, which holds that discrimination is wrong when and if the discriminator unfairly increases inequality of opportunity; and the harm account, which holds that discrimination is wrong when and if the discriminator harms the discriminatee. Each of these accounts, however, faces important challenges in simultaneously providing a persuasive theoretical account and matching our intuitions about cases of impermissible discrimination. (shrink)

In this paper, I argue that an account of security as a basic human right must incorporate moral security. Broadly speaking, a person possesses subjective moral security when she believes that her basic interests and welfare will be accorded moral recognition by others in her community and by social, political, and legal institutions in her society. She possesses objective moral security if, as a matter of fact, her interests and welfare are regarded by her society as morally important—for example, when (...) violent crimes against her being taken to warrant the same punishment and condemnation as equivalent crimes against others. Moral security, thus characterized, is an essential part of what it is to be secure as a human person, and any right to security must include it. In the first part of the paper I critique alternative narrower accounts of the right to security, before defending my account of moral security in Section 2. Section 3 explores how acts of racialized and gendered violence are attacks on the moral security of the victims and of all members of the groups to which the victims belong. Broader structural and institutional forms of racial and sexual discrimination further compound the impact of such acts on moral security. Understanding how racial and sexual discrimination and violence are attacks on moral security offers a new way of thinking about the scope and urgency of a state’s duty to combat racial and sexual discrimination, an issue I explore in the final section of the paper. -/- . (shrink)

At the confluence of the philosophy of education and social/political philosophy lies the question of how we should educate the next generation of philosophy professors. Part of the question involves how broad such an education should be in order to educate teachers with the ability to, themselves, educate citizens competent to function in a diverse, globalized world. As traditional Western education systems from elementary schools through universities have embraced multicultural sources over the last few decades, philosophy Ph.D. programs have bucked (...) this trend, clinging tightly to traditional Western sources and problems. While this claim will come as no surprise to those working in the field, there is little published evidence or discussion of the tacit rejection of multiculturalism by philosophy Ph.D. programs, and few people outside the field realize how Eurocentric these programs remain. This article provides evidence and discussion of this fact, focusing on the case of Chinese philosophy in American Ph.D. programs. (shrink)

This article is a data-driven critique of The Philosophical Gourmet Report, the most institutionally influential publication in the field of Anglophone philosophy. The PGR is influential because it is perceived to be of high value. The article demonstrates that the actual value of the PGR, in its current form, is not nearly as high as it is assumed to be and that the PGR is, in fact, detrimental to the profession. The article lists and explains five objections to the methods (...) and methodology of the report. Taken together, the objections demonstrate that the report is severely flawed, failing to provide the information it purports to and damaging the profession overall. Finally, the article explains how several modifications may improve the PGR so that it can more legitimately and equitably play the role it already plays. (shrink)

In this paper I consider the role of freedom in the justification of prohibitions on discrimination. As a case study, I focus mainly on U.S. constitutional and employment law and, in particular, restrictions on sex-stereotyping. I present a new argument that freedom can play at least some important role in justifying these restrictions. Not just any freedom, I claim: the Millian freedom to challenge existing stereotypes and contribute to social change. This ‘social change account’, I argue, can be a useful (...) supplement to the existing theories where their explanations run out. It also draws support from familiar liberal justifications for speech and other liberties, and provides an attractive role for the courts. (shrink)

The 2008 UN Convention on the Rights of Persons with Disabilities (CRPD) provides a landmark articulation of the universality of human rights. It affirms in strong terms that all human beings have a claim to full inclusion and equal participation in society, something denied to many because of disability. The CRPD is an ambitious document with far-reaching and fundamental implications. This interdisciplinary collection of essays takes up pressing philosophical, legal, and practical issues raised by the CRPD and the ongoing process (...) of its implementation. Combining clear legal and philosophical overviews with ground-breaking conceptual analyses, the collection aims to advance the academic debate about human rights and disability and to serve as a useful resource for policymakers, ethicists, disability activists, jurists, and all those interested in the human rights of persons with disabilities. With contributions by Jackie Leach Scully, Marcus Düwell, Jenny Goldschmidt, Sigrid Graumann, Caroline Harnacke, Jan Vorstenbosch, Esther van Weele, Joel Anderson, Jos Philips. (shrink)

In this paper I propose to examine the concept of discrimination from an ethical viewpoint. In a preliminary part, I will point out which aspects of the subject matter I will focus on and which I will leave aside (II). On the basis of the Aristotelian principle “treat like cases alike”, I will continue with a very formal definition, according to which discrimination can be understood as acting in a way that implies that like cases are not treated alike. This (...) leads to the difficult question of which cases are to be considered as “alike”, or which traits can serve as morally valid reasons for identifying cases as “unlike” (III). I will argue that this question cannot be answered independently from the specific circumstances and the normative premises referred to for describing these circumstances. My conclusion is that the concept of discrimination derives its “moral strength” solely from these normative premises. As a consequence, the use of the con- cept of discrimination can often be misleading since it falsely presupposes that there is agreement about the underlying normative premises (IV). Finally, I will illustrate the argumentation using “genetic discrimination” in connection with insurance contracts as an example (V). (shrink)

In this paper, I argue that it is morally permissible and should be legally permissible for state and private professional schools to discriminate against women. By professional schools, I mean law, medical, and business schools. More specifically, I argue that such schools may discount womens applications to the degree that they are likely to produce less than male counterparts. The argument differs with regard to state and private institutions because of the greater moral elbowroom that private institutions have. The argument (...) for state professional schools depends on the purpose of state professional programs. If the purpose of these programs is to provide professional services to citizens, and I argue that it is, then the state professional schools are permitted to do such discounting. My argument also supports the stronger claim that state schools have an obligation to do so, but I will focus on the weaker claim. Given their wider choice of goals, private schools are also permitted to discount womens applications, but they are not obligated to do so. In this paper, then, I provide an argument for the moral permissibility of such discounting. (shrink)

Alors que l'approche économique traditionnelle des discriminations tend à réduire les goûts des décideurs aux choix des décideurs, cet article introduit une distinction entre, d'une part, la discrimination in gustibus, c'est-à-dire la prise en compte, par le décideur, de caractéristiques non pertinentes pour le choix en question, et, d'autre part, la discrimination de facto, c'est-à-dire le choix traitant différemment des individus égaux sur des caractéristiques pertinentes. Il est montré que ces deux formes de discriminations ne sont nullement équivalentes, et que (...) l'efficacité de diverses politiques anti-discriminations est dépendante du type - ou des types - de discriminations en présence. (shrink)