S. 39: "My project in this paper is to develop the initial distinction which I have drawn between recognition and appraisal respect into a more detailed and specific account of each. These accounts will not merely be of intrinsic interest. Ultimately I will use them to illuminate the puzzles with which this paper began and to understand the idea of self-respect." 42 " Thus, insofar as respect within such a pursuit will depend on an appraisal of the participant from the (...) perspective of whatever standards are held to be appropriate to the pursuit, such respect will depend on a judgement to which excellences of character are thought relevant. Note that exactly what aspect of the person's character is thought to be relevant in this instance is his recognition respect (or lack of it) for the standards of the pursuit." 44 "This attitude fails of being appraisal respect in that my having it toward the person is conditional on those traits being such as to make him server a particular purpose that I happen to have" 44 - 45 "To sum up: Appraisal respect is an attitude of positibe appraisal of a person either judged as a person or as engaged in some more specific pursuit. In the first case, the appropriate grounds are features of the person's character: dispositions to act for particular reasons or a higher-level disposition to act for the best reasons. In the second case, though features of character do not exhaust the appropriate grounds for appraisal respect, some such character traits will be relevant (recognition respect for the standards of a particular pursuit). Also, the other features which constitute the appoprate excellences of the pursuit must be related to traits of character in the way specified. In both cases, the positive appraisal of the person, and of his traits, must be categorical. It cannot depend on the fact that the person, because of his traits, serves an interest or purpose of one's own." 45 "To have recognition respect for someone as a person is to give appropriate weight to the fact that he or she is a person by being willing to constrain one's behaviour in ways required by that fact." 45 "This is rather different from having an attitude of appraisal respect for someone as a person. The latter is a positive appraisal oif an individual made with regard ti those features which are excellences of persons. As such, it is not owed to everone, for it may or may not be merited. When it is, what is merited is just the positive appraisal itself." 47 "Second, the only beings who are approriate objects of appraisal respect are those who are capable of acting for reasons and hence capable of conceiving of various facts as meriting more or less consideration in deliberation.". (shrink)

In this essay, I explore the view that wrongful discrimination is disrespectful. In section 1, I articulate three conceptions of disrespect, each of which provides a special way to understand the way in which wrongful discrimination is disrespectful. In section 2, I ask what it would take for any of these conceptions to serve as the basis for a plausible theory of wrongful discrimination. I argue that any adequate theory of wrongful discrimination must be able to do two things well: (...) reliably identify cases of wrongful discrimination and, also, explain why they are wrong. In section 3, I examine the objection that all respect-focused theories violate the first desideratum. In section 4, I contend that the objection does not apply to all respect-based theories; in particular, it does not apply to a respect-focused deliberative theory of wrongful discrimination. Though such a theory is much more powerful than its competitors, I argue that it fails to offer a satisfying explanation of why discrimination is wrong due to the fact that it locates the wrong of discrimination within deliberative processes, rather than looking to the harmful-impacts of discrimination on people affected by it. (shrink)

The following argument is addressed: (1) a person is morally responsible for an event's occurring only if that event's occurring was not a matter of luck; (2) no event is such that its occurring is not a matter of luck; therefore, (3) no event is such that someone is morally responsible for its occurring. Two notions of control are distinguished: restricted and complete. (2) is shown false on the first interpretation, (1) on the second. The discussion involves a distinction between (...) resultant and situational luck, And it is argued that, Even when luck's role in life, And the unfairness that stems from it, Is acknowledged, Moral responsibility remains possible. (shrink)

This article analyses the moral status of racial profiling from a consequentialist perspective and argues that, contrary to what proponents of racial profiling might assume, there is a prima facie case against racial profiling on consequentialist grounds. To do so it establishes general definitions of police practices and profiling, sketches out the costs and benefits involved in racial profiling in particular and presents three challenges. The foundation challenge suggests that the shifting of burdens onto marginalized minorities may, even when profiling (...) itself is justified, serve to prolong unjustified police practices. The valuation challenge argues that although both costs and benefits are difficult to establish, the benefits of racial profiling are afflicted with greater uncertainty than the costs, and must be comparatively discounted. Finally, the application challenge argues that using racial profiling in practice will be complicated by both cognitive and psychological biases, which together reduce the effectiveness of profiling while still incurring its costs. Jointly, it is concluded, these challenges establish a prima facie case against racial profiling, so that the real challenge consists in helping officers practice the art of the police and not see that which it is useless that they should see. (shrink)

In Born Free and Equal: A Philosophical Inquiry into the Nature of Discrimination, Kasper Lippert-Rasmussen defends the harm-based account of the wrongness of discrimination, which explains the wrongness of discrimination with reference to the harmfulness of discriminatory acts. Against this view, we offer two objections. The conditions objection states that the harm-based account implausibly fails to recognize that harmless discrimination can be wrong. The explanation objection states that the harm-based account fails adequately to identify all of the wrong-making properties of (...) discriminatory acts. We argue that the structure of a satisfactory view cannot be outcome-focused. A more promising family of views focuses on the deliberation of the discriminator and in particular on the reasons that motivate or fail to motivate her action. (shrink)

The article argues that discrimination is bad as such when and because it undermines equality of opportunity. It shows, first, that other accounts, such as those concerning intent, efficiency, false representation, prejudice, respect and desert cannot account for the badness of discrimination as such. The inequality of opportunity account, in contrast, captures everything that is bad about discrimination. The article then addresses some counter-examples of practices that are discriminatory without arguably entailing inequality of opportunity, where the notable case is that (...) of segregation. It is further demonstrated that the account successfully handles some of the tricky aspects associated with discrimination, such as those concerning the confinement of discrimination to salient groups, discriminatees by means of financial compensation, in the selection of life partners, and the duties of employers. (shrink)

The paper examines the view that individuals have a claim to the jobs for which they are the best qualified. It seeks to show this view to be groundless, and to offer, instead, a luck egalitarian account of justice in hiring. That account consists of three components: monism, non-meritocracy, and non-discrimination. To demonstrate the coherence of this view, two particular internal conflicts are addressed. First, luck egalitarian monism (the view that jobs are not special) may end up violating the non-discrimination (...) requirement. Second, non-discrimination, it is often suggested, cannot be defined without reference to qualifications, thus violating the non-meritocracy requirement. The paper seeks to address these, as well as other, potential objections, and show that whereas meritocratic accounts are without basis, luck egalitarianism provides a coherent and attractive account of justice in hiring. (shrink)

In a co-authored piece with Adam Slavny, I argued that any promising account of the wrongness of discrimination must focus not only on the harmful outcomes of discriminatory acts but also on the deliberation of the discriminator and in particular on the reasons that motivate or fail to motivate her action. In this brief paper, I defend this conclusion against an objection that has recently been pressed against our view by Richard Arneson. This task is important not only because Arneson’s (...) objection is an intriguing one, but also -- and more importantly -- because my response sheds further light on the content and structure of an attractive theory of wrongful discrimination, as well as on more fundamental ideas in moral philosophy. (shrink)

The most blatant forms of discrimination are morally outrageous and very obviously so; but the nature and boundaries of discrimination are more controversial, and it is not clear whether all forms of discrimination are morally bad; nor is it clear why objectionable cases of discrimination are bad. In this paper I address these issues. First, I offer a taxonomy of discrimination. I then argue that discrimination is bad, when it is, because it harms people. Finally, I criticize a rival, disrespect-based (...) account according to which discrimination is bad regardless of whether it causes harm. (shrink)

Fundamentally, intentions do not matter to the permissibility of actions, according to Thomas Scanlon (among others). Yet, discriminatory intentions seem essential to certain kinds of direct discrimination in hiring and firing, and appear to be something by virtue of which, in part at least, these kinds of discrimination are morally impermissible. Scanlon's account of the wrongness of discrimination attempts to accommodate this appearance through the notion of the expressive meaning of discriminatory acts and a certain view about how permissibility relates (...) to the meaning of actions. This paper explores the scope, strengths and weaknesses of this account. Specifically, it challenges the view that discrimination reflecting hierarchical value judgments necessarily involves a wrong that renders such discrimination more objectionable than other forms. (shrink)

What is the morally significant feature of discrimination? All of the following seem plausible – (i) discrimination is a kind of wrongdoing and it wrongs discriminatees, which is a matter of intrapersonal morality; (ii) in view of cases of indirect discrimination, significant normative features of discrimination are best captured in a discriminatee‐focused, or harm‐based, way; and (iii) discrimination, as an act‐type, necessarily involves interpersonal comparison. The first task of this article is to address which of intra‐ or interpersonal comparison is (...) relevant to philosophical questions concerning discrimination. I submit that each of them has a place in the theory of discrimination; while interpersonal comparison is relevant in determining whether a differentiating act counts as discrimination, intrapersonal comparison is relevant in assessing whether it is morally wrong. The second task is to develop further a harm‐based answer to the latter question. My final proposal is as follows: discrimination is pro tanto morally wrong to the extent that it makes the discriminatees worse off than they would be were it not for the discrimination at issue, where one's well‐being is understood in terms of what one endorses in one's optimum form. (shrink)

An analysis of 'racism' in terms of disrespect. This article argues against the views that racism should be understood in reductive ways as, variously, an attitude of ill-will (Jorge Garcia), a cognitive object such as ideology (Tommie Shelby), a behavior (Michael Philips), or some disjunctive hybrid (Lawrence Blum). In fact, it argues that racism should be conceptually released from having any one location. The disrespect analysis favored here can accommodate a variety of important desiderata for a theory of racism.

The Doctrine of Double Effect (DDE) is an influential non-consequentialist principle positing a role for intention in affecting the moral permissibility of some actions. In particular, the DDE focuses on the intend/foresee distinction, the core claim being that it is sometimes permissible to bring about as a foreseen but unintended side-effect of one’s action some harm it would have been impermissible to aim at as a means or as an end, all else being equal. This article explores the meaning and (...) application of the DDE along with current debates over the nature of the intend/foresee distinction and its moral significance. How is the line between intended effects and merely foreseen but unintended side-effects to be drawn, and how are problem cases best handled? What is an appropriate methodology for debating the tenability of the DDE? How might the DDE interact with other non-consequentialist principles, and how might it be modified to capture other related factors (resulting perhaps in a Doctrine of Triple Effect) or to avoid certain problem cases? Does the DDE make permissibility turn on the actual intentions of particular agents, as critics such as Thomson and Scanlon assume, or is the role of intention more abstract? (shrink)

Western liberal democracies tend to impose duties on public and private bodies that are often formulated as an obligation not to discriminate. For instance, the European Union prohibits direct and indirect discrimination on certain grounds in certain contexts. Under this model, indirect discrimination involves a measure that, although it does not directly (i.e. explicitly) discriminate on the basis of a proscribed ground, produces a disparate impact that correlates with such a proscribed ground. Indirect discrimination is generally viewed, both conceptually and (...) politically, as subordinate to direct discrimination. Professor John Gardner has argued that anti-discrimination law is justified on the basis of duties to respect other people's autonomy. On the base of this analysis, he argues that indirect discrimination is a secondary concept to the paradigm wrong of direct discrimination. I contend in this article that, if one adopts Gardner's autonomy-based analysis of anti-discrimination law, indirect discrimination is not a secondary concept to direct discrimination. Further, I argue that autonomy does not provide a convincing justification for the prohibition of either direct or indirect discrimination. I tentatively suggest, however, that the widespread impact of certain types of discrimination (alluded to by Gardner) may support an equality-based justification for the prohibition of both direct and indirect discrimination. (shrink)

Discrimination, understood as differential treatment of individuals on the basis of their respective group memberships, is widely considered to be morally wrong. This moral judgment is backed in many jurisdictions with the passage of equality of opportunity legislation, which aims to ensure that racial, ethnic, religious, sexual, sexual-orientation, disability and other groups are not subjected to discrimination. This chapter explores the conceptual underpinnings of discrimination and equality of opportunity using the tools of analytical moral and political philosophy.

This article argues that, as commonly understood, indirect discrimination is not necessarily unjust: 1) indirect discrimination involves the disadvantaging in relation to a particular benefit and such disadvantages are not unjust if the overall distribution of benefits and burdens is just; 2) indirect discrimination focuses on groups and group averages and ignores the distribution of harms and benefits within groups subjected to discrimination, but distributive justice is concerned with individuals; and 3) if indirect discrimination as such is unjust, strict egalitarianism (...) has to be the correct account of distributive justice, but such egalitarianism appears vulnerable to the leveling down objection (whether decisively or not), and many theorists explicitly reject strict egalitarianism anyway. The last point threatens the position of liberals who oppose indirect discrimination but think significant inequalities can be just. (shrink)

Motivation to Permissibility 780 III. The Deception Accounts of Wrongful Discrimination 783 IV. Discrimination from Animus and Prejudice 787 V. An Objection 789 VI. Innocent Discrimination 790 VII. Disparate Impact 793 VIII. Suspect Classifications 795..

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)