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Making Sense of Discrimination

Ratio Juris 27 (1):47-78 (2014)

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  1. Utilitarianism.John Stuart Mill - 1863 - Cleveland: Cambridge University Press.
    Reissued here in its corrected second edition of 1864, this essay by John Stuart Mill argues for a utilitarian theory of morality. Originally printed as a series of three articles in Fraser's Magazine in 1861, the work sought to refine the 'greatest happiness' principle that had been championed by Jeremy Bentham, defending it from common criticisms, and offering a justification of its validity. Following Bentham, Mill holds that actions can be judged as right or wrong depending on whether they promote (...)
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  • What Makes Wrongful Discrimination Wrong? Biases, Preferences, Sterotypes [Sic], and Proxies.Lawrence A. Alexander - 1989 - Faculty of Law, University of Toronto.
     
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  • Normative Ethics.Shelly Kagan - 1998 - Routledge.
    Providing a thorough introduction to current philosophical views on morality, Normative Ethics examines an acts rightness or wrongness in terms of such factors as consequences, harm, and consent. Shelly Kagan offers a division between moral factors and theoretical foundations that reflects the actual working practices of contemporary moral philosophers.Intended for upper-level or graduate students of philosophy, this book should also appeal to the general reader looking for a clearly written overview of the basic principles of moral philosophy. }Providing a thorough (...)
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  • Law, Economics, and Morality.Eyal Zamir & Barak Medina - 2010 - Oup Usa.
    Law, Economics, and Morality examines the possibility of combining economic methodology and deontological morality through explicit and direct incorporation of moral constraints into economic models. Economic analysis of law is a powerful analytical methodology. However, as a purely consequentialist approach, which determines the desirability of acts and rules solely by assessing the goodness of their outcomes, standard cost-benefit analysis is normatively objectionable. Moderate deontology prioritizes such values as autonomy, basic liberties, truth-telling, and promise-keeping over the promotion of good outcomes. It (...)
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  • Morality: An Introduction to Ethics.Bernard Arthur Owen Williams - 1972 - New York: Harper & Row.
    In Morality Bernard Williams confronts the problems of writing moral philosophy, and offers a stimulating alternative to more systematic accounts which seem nevertheless to have left all the important issues somewhere off the page.
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  • The Limits of Morality.Shelly Kagan - 1989 - Oxford University Press.
    Most people believe that there are limits to the sacrifices that morality can demand. Although it would often be meritorious, we are not, in fact, morally required to do all that we can to promote overall good. What's more, most people also believe that certain types of acts are simply forbidden, morally off limits, even when necessary for promoting the overall good. In this provocative analysis Kagan maintains that despite the intuitive appeal of these views, they cannot be adequately defended. (...)
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  • Nothing Personal: On Statistical Discrimination.Kasper Lippert-Rasmussen - 2007 - Journal of Political Philosophy 15 (4):385–403.
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  • Sex Discrimination, Gender Balance, Justice and Publicity in Admissions.Ben Saunders - 2010 - Journal of Applied Philosophy 27 (1):59-71.
    This paper examines the problem of selecting a number of candidates to receive a good (admission) from a pool in which there are more qualified applicants than places. I observe that it is rarely possible to order all candidates according to some relevant criterion, such as academic merit, since these standards are inevitably somewhat vague. This means that we are often faced with the task of making selections between near-enough equal candidates. I survey one particular line of response, which says (...)
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  • What is Discrimination?Sophia Moreau - 2010 - Philosophy and Public Affairs 38 (2):143-179.
  • Incentives, Motives, and Talents.Seana Valentine Shiffrin - 2010 - Philosophy and Public Affairs 38 (2):111-142.
  • Why It Matters That Some Are Worse Off Than Others: An Argument Against the Priority View.Michael Otsuka & Alex Voorhoeve - 2009 - Philosophy and Public Affairs 37 (2):171-199.
    We argue that there is a marked shift in the moral weight of an increment in a person's well-being when one moves from a case involving only intra-personal trade-offs to a case involving only inter-personal trads-offs. This shift, we propose, is required by the separateness of persons. We also argue that the Priority View put forward by Parfit cannot account for such a shift. We also outline two alternative views, an egalitarian view and a claims-based view, that can account for (...)
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  • Second-Order Equality and Levelling Down.Re'em Segev - 2009 - Australasian Journal of Philosophy 87 (3):425 – 443.
    Many think that equality is an intrinsic value. However, this view, especially when based on a consequential foundation, faces familiar objections related to the claim that equality is sometimes good for none and bad for some: most notably the levelling down objection. This article explores a unique (consequential) conception of equality, as part of a more general conception of fairness concerning the resolution of interpersonal conflicts, which is not exposed to these objections.
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  • Nothing Personal: On Statistical Discrimination &Ast.Kasper Lippert-Rasmussen - 2007 - Journal of Political Philosophy 15 (4):385-403.
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  • Normative Ethics.Shelly Kagan - 1998 - Mind 109 (434):373-377.
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  • Justification Under Uncertainty.Re’em Segev - 2012 - Law and Philosophy 31 (5):523-563.
    There is a controversy as to the moral status of an action in the face of uncertainty concerning a non-moral fact that is morally significant (according to an applicable moral standard): According to the objective conception, the right action is determined in light of the truth, namely the actual state of affairs (regarding the pertinent fact), whereas according to the subjective conception, the right action depends on the epistemic state of the agent, namely her (justified) belief (concerning the pertinent fact). (...)
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  • Should the Best Qualified Be Appointed?Shlomi Segall - 2012 - Journal of Moral Philosophy 9 (1):31-54.
    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 (...)
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  • Intentions and Discrimination in Hiring.Kasper Lippert-Rasmussen - 2012 - Journal of Moral Philosophy 9 (1):55-74.
    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 (...)
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  • Generality and Equality.Frederick Schauer - 1997 - Law and Philosophy 16 (3):279-297.
  • Well-Being and Fairness.Re’em Segev - 2006 - Philosophical Studies 131 (2):369-391.
    The article explores the interaction of two, potentially clashing, considerations, each reflecting a different conception of fairness concerning the resolution of interpersonal conflicts. According to the Equal Chance Principle, the harm for each person should be minimized in a significant and (roughly) equal degree; when this is impossible, each person should be accorded the highest possible equal chance to avoid the harm. According to the Importance Principle, the danger to the person who would otherwise suffer the more serious harm should (...)
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  • What is Wrongful Discrimination?Richard Arneson - manuscript
    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..
     
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  • Equality and Differences.J. Finnis - 2011 - American Journal of Jurisprudence 56 (1):17-44.
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  • Hierarchical Consequentialism.Re'em Segev - 2010 - Utilitas 22 (3):309-330.
    The paper considers a hierarchical theory that combines concern for two values: individual well-being – as a fundamental, first-order value – and (distributive) fairness – as a high-order value that its exclusive function is to complete the value of individual well-being by resolving internal clashes within it that occur in interpersonal conflicts. The argument for this unique conception of high-order fairness is that fairness is morally significant in itself only regarding what matters – individual well-being – and when it matters (...)
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  • What's so Bad About Discrimination?Shlomi Segall - 2012 - Utilitas 24 (1):82-100.
    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 (...)
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  • The Value of Equality.Bertil Tungodden - 2003 - Economics and Philosophy 19 (1):1-44.
    Over the years, egalitarian philosophers have made some challenging claims about the nature of egalitarianism. They have argued that egalitarian reasoning should make us reject the Pareto principle; that the Rawlsian leximin principle is not an egalitarian idea; that the Pigou–Dalton principle needs modification; that the intersection approach faces deep problems; that the numbers should not count within an egalitarian framework, and that egalitarianism should make us reject the property of transitivity in normative reasoning. In this paper, taking the recent (...)
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  • Review Article. On the Ground of Her Sex.J. Gardner - 1998 - Oxford Journal of Legal Studies 18 (1):167-178.
  • Justice and Nature.T. Nagel - 1997 - Oxford Journal of Legal Studies 17 (2):303-322.
  • Discrimination as Injustice.J. Gardner - 1996 - Oxford Journal of Legal Studies 16 (3):353-368.
  • Inverse Discrimination.J. L. Cowan - 1972 - Analysis 33 (1):10 - 12.
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  • Morality: An Introduction to Ethics.Bernard Williams - 1974 - Canadian Journal of Philosophy 3 (3):469-473.
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  • Liberals and Unlawful Discrimination.John Gardner - 1989 - Oxford Journal of Legal Studies 9 (1):1-22.
  • Equal Treatment and Compensatory Discrimination.Thomas Nagel - 1973 - Philosophy and Public Affairs 2 (4):348-363.
  • Groups and the Equal Protection Clause.Owen M. Fiss - 1976 - Philosophy and Public Affairs 5 (2):107-177.