Anti-Discrimination Laws: Undermining Our Rights [Book Review]
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Journal of Business Ethics 109 (2):209-217 (2012)
The purpose of this article is to argue in favor of a private employer’s right to discriminate amongst job applicants on any basis he chooses, and this certainly includes unlawful characteristics such as race, sex, national origin, sexual preference, religion, etc. John Locke and many after him have argued that people have natural rights to life, liberty, and property or the pursuit of happiness. In this view, law should be confined to protecting these rights and be limited to prohibiting other people from transgressing those rights. The law should not hinder an employer’s ability to discriminate, any more than it should compel people to marry against their wishes. These laws generally emerge from a moral perspective that people think should be imposed on everyone else. But those who don’t welcome those morals are in effect being coerced to abide by them against their will; this is unethical. Finally, it will be argued that the free market has mechanisms by which discrimination will, be rendered powerless to harm its victims.
|Keywords||Discrimination Rights Free association|
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References found in this work BETA
Robert Nozick (1974). Anarchy, State and Utopia. Basic Books.
John Locke (2007). Second Treatise on Government. In Elizabeth Schmidt Radcliffe, Richard McCarty, Fritz Allhoff & Anand Vaidya (eds.), Late Modern Philosophy: Essential Readings with Commentary. Blackwell Pub. Ltd.
Bruce L. Benson (1990). Customary Law with Private Means of Resolving Disputes and Dispensing Justice: A Description of a Modern System of Law and Order Without State Coercion. Journal of Libertarian Studies 9 (2):25-42.
Bruce L. Benson (1989). Enforcement of Private Property Rights in Primitive Societies: Law Without Government. Journal of Libertarian Studies 9 (1):1-26.
Walter Block (2007). Anarchism and Minarchism; No Rapprochement Possible: Reply to Tibor Machan. Journal of Libertarian Studies 21 (1):61-90.
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