Is it tautological to call an action "wrongful discrimination?" Some philosophers and political theorists answer this question in the affirmative and claim that the term "discrimination" is intrinsically evaluative. Others agree that "discrimination" usually conveys the action’s moral wrongness but claim that the term can be used in a purely descriptive way. In this paper, we present two corpus studies and two experiments designed to test whether the folk concept of discrimination is evaluative. We demonstrate that (...) the term has undergone a historical development and is nowadays no longer used purely descriptively. Further, we show that this evaluation cannot be cancelled without yielding a contradiction. We conclude that the descriptive use of "discriminatory" is a thing of the past. (shrink)

Sometimes, a form of discrimination is hard to register, understand, and articulate. A rich precedent demonstrates how victim testimonies have been key in uncovering such “hidden” forms of discrimination, from sexual harassment to microaggressions. I reflect on how this plausibly goes too for “attentional discrimination”, referring to cases where the more meaningful attributes of one social group are made salient in attention in contrast to the less meaningful attributes of another. Victim testimonies understandably dominate the “context-of-discovery” stage (...) of research into these initially opaque forms of discrimination; a victim’s encounter with the gap between their experience and dominant conceptual frameworks for understanding it is what provides an initial foothold for analysis to begin. Some object, however, to this methodology continuing to dominate the later “context-of-justification” stage, where the hypothesis is rigorously challenged. I argue that this objection underestimates not just how other methodologies are more likely to inherit the various mechanisms of invisibility hiding the discrimination in question, but also how victim testimonies are distinctively well-suited to recognize and challenge those mechanisms. Victim testimonies, then, ought to continue playing a dominant role into these later stages of research regarding hidden forms of discrimination. (shrink)

I ask whether figure-ground structure can be realized in touch, and, if so, how. Drawing on the taxonomy of touch sketched in Katz's 1925 The World of Touch, I argue that the form of touch that is relevant to such consideration is a species of immersed touch. I consider whether we can feel the space we are immersed in and, more specifically, the empty space against which the surfaces of objects, as I shall urge, “stand out.” Harnessing M. G. F. (...) Martin's account of bodily awareness and touch, I defend a positive thesis, pace Graham Nerlich on whose The Shape of Space I otherwise rely, both to defend the supposition that empty space can in principle be felt and to argue that touching empty space is not a mere species of absence perception. Along the way, I defuse a causal worry that might be thought to arise in the case of touching empty space. (shrink)

Hardly anyone disputes that discrimination can be a grave moral wrong. Yet this consensus masks fundamental disagreements about what makes something discrimination, as well as precisely why acts of discrimination are wrong. Benjamin Eidelson develops systematic answers to those two questions. He claims that discrimination is a form of differential treatment distinguished by its special connection to the differential ascription of some property to different people, and goes on to argue that what makes some cases of (...) discrimination intrinsically wrongful is that they manifest an attitude of disrespect for the personhood of those who are disfavored. He endeavors to specify what this attitude consists in, and to demonstrate how attending to its character can help us to better understand the moral dimensions of different forms of wrongful discrimination. The book concludes with an extended discussion of racial profiling in law enforcement. (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)

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 paper presents a partial analysis of perceptual knowledge, an analysis that will, I hope, lay a foundation for a general theory of knowing. Like an earlier theory I proposed, the envisaged theory would seek to explicate the concept of knowledge by reference to the causal processes that produce (or sustain) belief. Unlike the earlier theory, however, it would abandon the requirement that a knower's belief that p be causally connected with the fact, or state of affairs, that p.

According to a prominent view, discrimination is wrong, when it is, because it makes people worse off. In this paper, I argue that this harm-based account runs into trouble because it cannot point to a harm, without making controversial metaphysical commitments, in cases of discrimination in which the discriminatory act kills the discriminatee. That is, the harm-based account suffers from a problem of death. I then show that the two main alternative accounts of the wrongness of discrimination—the (...) mental-state-based account and the objective-meaning account—do not run into this problem. (shrink)

In this chapter, I outline what philosophers working on the ethics of immigration have had to say with regard to invidious discrimination. In doing so, I look at both instances of direct discrimination, by which I mean discrimination that is explicitly stated in official immigration policy, and indirect discrimination, by which I mean cases where the implementation or enforcement of facially “neutral” policies nonetheless generate invidious forms of discrimination. The end goal of this chapter is (...) not necessarily to take a side, but to outline the terrain and provide the reader with an adequate entryway into these philosophical discussions over discrimination and immigration. (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 English language now dominates scientific communications. Yet, many scientists have English as their second language. Their English proficiency may therefore often be more limited than that of a ‘native speaker’, and their scientific contributions (e.g. manuscripts) in English may frequently contain linguistic features that disrupt the fluency of a reader’s, or listener’s information processing even when the contributions are understandable. Scientific gatekeepers (e.g. journal reviewers) sometimes cite these features to justify negative decisions on manuscripts. Such justifications may rest on (...) the prima facie plausible assumption that linguistic characteristics that hinder fast and easy understandability of scientific contributions are epistemically undesirable in science. I shall raise some doubts about this assumption by drawing on empirical research on processing fluency and its biasing effects. I also argue that directing scientists with English as a foreign language toward approaching ‘native-level’ English can have the negative consequence of reducing their potential to make scientific belief formation more reliable. These points suggest that one seemingly compelling justification for linguistically discriminating against scientific contributions in ‘non-native’ English is questionable and that the common insistence by scientific gatekeepers on ‘native-like’ English may be epistemically harmful to science. (shrink)

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)

In this paper I show that a variety of Cartesian Conceptions of the mental are unworkable. In particular, I offer a much weaker conception of limited discrimination than the one advanced by Williamson (2000) and show that this weaker conception, together with some plausible background assumptions, is not only able to undermine the claim that our core mental states are luminous (roughly: if one is in such a state then one is in a position to know that one is) (...) but also the claim that introspection is infallible with respect to our core mental states (where a belief that C obtains is infallible just in case if one believes that C obtains then C obtains). The upshot is a broader and much more powerful case against the Cartesian conception of the mental than has been advanced hitherto. (shrink)

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...) of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

In this paper, I examine whether the use of artificial intelligence (AI) and automated decision-making (ADM) aggravates issues of discrimination as has been argued by several authors. For this purpose, I first take up the lively philosophical debate on discrimination and present my own definition of the concept. Equipped with this account, I subsequently review some of the recent literature on the use AI/ADM and discrimination. I explain how my account of discrimination helps to understand that (...) the general claim in view of the aggravation of discrimination is unwarranted. Finally, I argue that the use of AI/ADM can, in fact, increase issues of discrimination, but in a different way than most critics assume: it is due to its epistemic opacity that AI/ADM threatens to undermine our moral deliberation which is essential for reaching a common understanding of what should count as discrimination. As a consequence, it turns out that algorithms may actually help to detect hidden forms of discrimination. (shrink)

Sandra Acker; Sex Discrimination in Education: a reply to Shaw, Journal of Philosophy of Education, Volume 15, Issue 1, 30 May 2006, Pages 107–118, https://doi.

Because philosophical reflections on touch usually start from our ability to perceive properties of objects, they tend to overlook features of touch that are crucial to correct understanding of tactual perception. This paper brings out these features and uses them to develop a general reconception of the sense of touch. I start by taking a fresh look at our ability to feel, in order to reveal its vital role. This sheds a different light on the skin's perceptual potential. While (...) it is commonly observed that tactile experiences have two intentional objects, an external object and one's own body, I will advance a more accurate alternative: in tactile experiences, one becomes aware of what one's body undergoes. This alternative not only fits better with tactility's vital role; it is also key to explaining how active touching provides for a unique contribution to our perceptual relation to material objects. By thus connecting tactility's vital role to the way we rely on touch while manipulating objects, this essay offers a cross-sectional survey of our tactile powers that reveals the interplay between sensing and touching. (shrink)

During the 1920s and 1930s geneticist L. C. Dunn of Columbia University cautioned Americans against endorsing eugenic policies and called attention to eugenicists' less than rigorous practices. Then, from the mid-1940s to early 1950s he attacked scientific racism and Nazi Rassenhygiene by co-authoring Heredity, Race and Society with Theodosius Dobzhansky and collaborating with members of UNESCO on their international campaign against racism. Even though shaking the foundations of scientific discrimination was Dunn's primary concern during the interwar and post-World War (...) II years, his campaigns had ancillary consequences for the discipline. He contributed to the professionalization of genetics during the 1920s and 1930s and sought respectability for human genetics in the 1940s and 1950s. My article aims to elucidate the activist scientist's role in undermining scientific discrimination by exploring aspects of Dunn's scientific work and political activism from the 1920s to 1950s. Definitions are provided for scientific discrimination and activist scientist. (shrink)

Many theorists think that discrimination is wrongful because it involves treating discriminatees as if they have a lower moral status than others when in fact all people are moral equals. However, there are strong reasons, expounded by Peter Singer and others, to doubt that all people are indeed moral equals. While it may turn out that, ultimately, these reasons can be shown to be unsound, we cannot rule out the possibility that we are not all moral equals. If we (...) are not, discrimination cannot be wrong because it involves failure to treat people as moral equals. With this in mind, I propose two anti-inegalitarian accounts of the wrongness of discrimination – “anti-inegalitarian” rather than “egalitarian” because, strictly speaking, they do not posit equality of status, and “anti-inegalitarian” rather than “inegalitarian” because they reject almost all (and in the case of one of them, all) inequalities in status. These two accounts have many of the attractions of the moral equality account. Being immune to Singerian doubts about moral equality is also a strength of the accounts because it means that they are not hostage to the outcome of the intricate debate over moral equality. Lastly, the anti-inegalitarian accounts I propose are in some ways preferable to the moral equality account because they have certain implications for the wrongness of discrimination that an account given in terms of moral equality does not have, and which egalitarians so far have not theorized. (shrink)

In this paper, I will argue that it is a moral obligation for companies, firstly, to accept their moral responsibility with respect to non-discrimination, and secondly, to address the issue with a full-fledged programme, including but not limited to the countering of microsocial discrimination processes through specific policies. On the basis of a broad sketch of how some discrimination mechanisms are actually influencing decisions, that is, causing intended as well as unintended bias in Human Resources Management (HRM), (...) I will argue that the well known tools of legislation and ethical codes are necessary although insufficient to cope with the problem. However, based on empirical evidence, we know which set of measures is likely to diminish discrimination. Taking non-discrimination seriously implies complex and longitudinal policies which include assigning responsibility for a non-discrimination policy within the firm, making managers conscious of implicit stereotypes and helping them to cope with prejudices that no one can totally overcome. Insofar as corporate responsibility with respect to non-discrimination is accepted and strategies that are not prohibitively expensive are known, companies are bound to implement them. Not implementing the best set of measures may be considered at least as a moral shortcoming or, depending on the size of the company, mere lip service to the non-discrimination principle. Although the paper refers to empirical material of diverse backgrounds, its intent is clearly normative. It wishes to spell out what companies ought to do if they are committed to responsible behaviour. The discussion of effective remedies against discrimination is based on a case study of a French company. The retailer Auchan was recently surprised to learn that it was discriminating against ethnic minorities despite strong ethical standards, an ethics committee and ethical leadership. The company dropped its naïve beliefs and set up an ambitious policy cope with the issue. The case illustrates what recent empirical research has revealed about the effectiveness of diversity policies: establishing responsibility for diversity results, firm ethical commitment and support from top management make diversity programs effective. (shrink)

1,857 adults rated the grandparental solicitude they received in childhood. Through a simple model based on the evolutionary concepts of ontogenetically differentiated reproductive strategy and paternity confidence, an ordered discriminative pattern of grandparental caregiving was predicted and confirmed by solid main effects, based on 603 complete cases. The maternal grandmother was the most caring. Unlike prevalent gender stereotypes, she was followed by the maternal grandfather, the paternal grandmother, and the paternal grandfather. The preferential grandparental solicitude was not influenced by residential (...) distance, grandparent age, and availability of other grandparents. A predicted higher correlation for male than for female progenitors between solicitude and phenotypic resemblance could be confirmed. (shrink)

Indirect discrimination (or disparate impact) is one of the focal points of current antidiscrimination policies. However, few political/moral philosophers have paid substantial attention to indirect discrimination until recently. This contribution provides an overview of the two philosophical questions in this context: the definitional question (DQ) and the moral question (MQ). DQ concerns what distinguishes indirect discrimination from direct discrimination and inequality. Conceptually, either (1) indirect discrimination is not a genuine subtype of discrimination; (2) it (...) is a subtype of discrimination secondary to direct discrimination; or (3) it is a subtype of discrimination independent of direct discrimination. A more substantial distinction between direct and indirect discrimination can be drawn according to the discriminator’s intention, the disproportionateness of intergroup disadvantage, and so forth. MQ addresses what makes indirect discrimination morally wrong. Conceptually, either (1) indirect discrimination cannot be morally wrong qua discrimination in its own right; (2) it can be morally wrong qua discrimination in its own right, where the wrongness must be connected to past direct discrimination; or (3) it can be morally wrong qua discrimination regardless of past direct discrimination. Substantially, possible wrong-making factors of indirect discrimination include the discriminator’s objectionable intentions, the objectionable message that discriminatory practices may carry, and their harmful effects. This framework is a first step for future works that are necessary to yield a comprehensive insight into the relationship between discrimination and inequality and address contemporary forms of discrimination that tend to be indirect rather than direct. (shrink)

The Cameron government has recently negotiated a deal with the EU which permits the UK to restrict access to in-work benefits for recent EU migrants in the first four years of residence. Withdrawing access to in-work benefits will lead to significant inequalities in pay between British workers and their EU equivalents working at the same job, in the same general situation. The proposal has been widely decried as discriminatory. Is it? I do not, in this article, ask the legal question: (...) Does it violate anti-discrimination norms implicit in the treaties? Rather, I will ask the moral question underlying the legal one: Would, say, Polish citizens denied in-work benefits that British citizens receive be victims of wrongful discrimination? This question deserves consideration not simply because it will help us to evaluate some of the central concerns at stake in the Brexit debates but also because it will allow us to explore the role of norms against discrimination according to nationality within the EU, to address the nature of the European commitment to freedom of movement, and, in the reverse direction, to better understand our own moral commitment to anti-discrimination norms. (shrink)

Conscious visual perception can fail in many circumstances. However, little is known about the causes and processes leading to failures of visual awareness. In this study, we introduce a new signal detection measure termed subjective discriminability of invisibility that allows one to distinguish between subjective blindness due to reduction of sensory signals or to lack of attentional access to sensory signals. The SDI is computed based upon subjective confidence in reporting the absence of a target . Using this new measure, (...) we found that target misses were subjectively indistinguishable from physical absence when contrast reduction, backward masking and flash suppression were used, whereas confidence was appropriately modulated when dual task, attentional blink and spatial uncertainty methods were employed. These results show that failure of visual perception can be identified as either a result of perceptual or attentional blindness depending on the circumstances under which visual awareness was impaired. (shrink)

Discrimination is a central epistemic capacity but typically, theories of discrimination only use discrimination as a vehicle for analyzing knowledge. This paper aims at developing a self-contained theory of discrimination. Internalist theories of discrimination fail since there is no compelling correlation between discriminatory capacities and experiences. Moreover, statistical reliabilist theories are also flawed. Only a modal theory of discrimination is promising. Versions of sensitivity and adherence that take particular alternatives into account provide necessary and (...) sufficient conditions on discrimination. Safety in contrast is not sufficient for discrimination as there are cases of safety that are clearly instances of discrimination failure. The developed account of discrimination between objects will be extended to discrimination between kinds and between types. (shrink)

Several leading theorists embrace the Simple Desert Account of Discrimination. This account involves two claims: it claims that a mismatch between what people deserve, on the one hand, and what they get, on the other hand, is (a) integral to discrimination, and (b) wrong. I shall query (a). First, I challenge what I see as the principal, positive argument for the Simple Desert Account. Second, in some cases wrongful discrimination brings about a better match between desert and (...) what people get. Situations in which this could be the case include those where: the discriminatee is a serial discriminator herself; the person wrongfully discriminated in favour of deserves greater advantages than she enjoys; by engaging in wrongful discrimination the discriminator reduces her moral deservingness and thereby the gap between her level of deservingness and her otherwise unfittingly low level of advantage. (shrink)