Since its first delivery in 1993, J.L. Schellenberg’s atheistic argument from divine hiddenness keeps generating lively debate in various quarters in the philosophy of religion. Over time, the author has responded to many criticisms of his argument, both in its original evidentialist version and in its subsequent conceptualist version. One central problem that has gone undetected in these exchanges to date, we argue, is how Schellenberg’s explicit-recognition criterion for revelation contains discriminatory tendencies against mentally handicapped persons. Viewed from this angle, (...) our present critique imparts Schellenberg’s position with a philosophical dilemma: (1) endorsing divine discrimination to the effect that God does not love ‘cognitive-affective outsiders’ or (2) giving up on explicit recognition. Either way, the hiddenness argument does not succeed. (shrink)
In the United States, discrimination based on race, religion, and other suspect categories is strictly regulated when it takes place in hiring, promotion, and other areas of the world of commerce. Discrimination in one's private affairs, however, is not subject to legal regulation at all. Assuming that both sorts of discrimination can be equally morally wrong, why then should this disparity in legal treatment exist? This paper attempts to find a theory that can simultaneously explain these divergent (...) treatments by providing an account that fits the various aspects of our legal practices and our attitudes toward them, and justify those practices by providing an account that makes the divergence attractive from a moral point of view. The sorts of basis for the disparity are discussed: differences in our epistemological access to private and commercial discrimination; different effects these forms of discrimination have on their victims; and differences in the relative importance of the value of autonomy at stake. I conclude that while considerations of autonomy provide the best explanation for the disparity in attitudes toward the legal treatment of discrimination, they still fall well short of an explanation that completely fits and justifies our current practice. Specifically, I suggest that the disparity between our current legal treatment of private versus commercial discrimination is based on a mistaken belief about the greater importance of autonomy in the private realm than in the commercial sphere. Because this belief is mistaken, a practice designed to consistently respect the value of autonomy ought to differentiate less between private and commercial discrimination, either by regulating the former more heavily, or by regulating the latter less heavily. (shrink)
This article reports four subliminal perception experiments using the relationship between confidence and accuracy to assess awareness. Subjects discriminated among stimuli and indicated their confidence in each discrimination response. Subjects were classified as being aware of the stimuli if their confidence judgments predicted accuracy and as being unaware if they did not. In the first experiment, confidence predicted accuracy even at stimulus durations so brief that subjects claimed to be performing at chance. This finding indicates that subjects's claims that (...) they are ''just guessing'' should not be accepted as sufficient evidence that they are completely unaware of the stimuli. Experiments 2-4 tested directly for subliminal perception by comparing the minimum exposure duration needed for better than chance discrimination performance against the minimum needed for confidence to predict accuracy. The latter durations were slightly but significantly longer, suggesting that under certain circumstances people can make perceptual discriminations even though the information that was used to make those discriminations is not consciously available. (shrink)
It is no surprise that empirical psychology refutes, again and again, assumptions of uneducated common sense. But some puzzlement tends to arise when scientific results appear to call into question the very conceptual framework of the mental to which we have become accustomed. This paper shall examine a case in point: Experiments on colour-discrimination have recently been taken to refute an assumption of first-person authority that appears to be constitutive of our ordinary notion of perceptual experience. The paper is (...) to show that those experiments do not refute this assumption, and will suggest that the impression to the contrary is, ultimately, due to two factors: to misleading imagery and, above all, to mistaken translation from the technical idiom of empirical psychology into the plain English we use every day. This is to take the mystery out of what we shall see to constitute a pretty puzzle; it is to remind us just how careful we need to be when drawing conclusions from results of scientific psychology; and it is to bring out the virtues of methods commonly lumped together under the entirely misleading label of 'ordinary language philosophy', of methods far more useful than their common caricature would make one think. (shrink)
Discrimination is a central moral and legal concept. However, it is also a contested one. Particularly, accounts of the wrongness of discrimination often rely on controversial and particular assumptions. In this paper, I argue that a theory of discrimination that relies on premises that are general (rather than unique to the concept of discrimination) and widely accepted provides a plausible (exhaustive) account of the concept of wrongful discrimination. According to the combined theory, wrongful discrimination (...) consists of allocating a benefit that is not supported by a morally significant fact (a valid reason), or in a way that involves distributive injustice, or both. (shrink)
The central topic for this book is the ethics of treating individuals as though they are members of groups. The book raises many interesting questions, including: why do we feel so much more strongly about discrimination on certain grounds e.g. of race and sex - than discrimination on other grounds? Are we right to think that discrimination based on these characteristics is especially invidious? what should we think about rational discriminationdiscrimination which is based on (...) sound statistics. To take just one of dozens of examples from the book. Suppose a landlord turns away a prospective tenant, because this prospective tenant is of a particular ethnicity arguing that statistics show that one in four of this group have been shown in the past to default on their rent. That seems clearly unfair to people of this ethnicity. But we are routinely being judged in this way not just on the basis of our ethnicity, but assumptions are made about us and decisions taken about us based on our gender, religion, job, post-code, hobbies, blood-group, nationality, etc., etc., etc.. Now suppose that another landlord turns away a convicted criminal, arguing that one in four of convicted criminals have been shown to be unreliable rent payers. Is our intuition the same as before? Should it be? The book will be suitable for all students of philosophy, especially those with an interest in applied ethics. (shrink)
Unjustifiable assumptions about sex and gender roles, the untamable potency of maleness, and gynophobic notions about women's bodies inform and influence a broad range of policy-making institutions in this society. In December 2004, the U.S. Court of Appeals for the Sixth Circuit continued this ignoble cultural pastime when they decided Everson v. Michigan Department of Corrections. In this decision, the Everson Court accepted the Michigan Department of Correction's claim that “the very manhood” of male prison guards both threatens the safety (...) of female inmates and violates the women's “special sense of privacy in their genitals” and declared that sex-specific employment policies for prison guards is not impermissibly discriminatory. I believe that the Court's decision relies on unacceptable (and offensive) stereotypes about sex, gender and sexuality and it significantly undermines Title VII's power to end discriminatory employment practices. (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)
The Fair-Start Defense justifies affirmative action preferences as a response to harms caused by race- and sex-based discrimination. Rather than base a justification for preferences on the traditional appeal to self-esteem, I argue they are justified in virtue of the effects institutional discrimination has on the goals and aspirations of its victims. In particular, I argue that institutional discrimination puts women and blacks at an unfair competitive disadvantage by causing academic disidentification. Affirmative action is justified as a (...) means of negating this unfair disadvantage. (shrink)
Research providing consistent evidence of pervasive discrimination against overweight job applicants and employees in the American workplace raises important questions for organizational stakeholders. To what extent is the disparate treatment of job applicants or employees based on their weight ethically justified? Are there aspects of weight discrimination that make it more acceptable than discrimination based on other characteristics, such as race or gender? What operational steps can employers take to address concerns regarding the ethical treatment of overweight (...) individuals in the workplace? This article investigates these and related questions. Its purpose is to provide information and analysis that will assist organizations in formulating ethical responses to a widespread phenomenon: weight discrimination in the workplace. Although its focus is the American workplace, the proposed employer ethical obligations and the practical guidance that is provided are viewed as generalizing across countries and cultures. (shrink)
This paper explores the psychological phenomena of sex stereotypes and their consequences for the occurrence of sex discrimination in work settings. Differential conceptions of the attributes of women and men are shown to extend to women and men managers, and the lack of fit model is used to explain how stereotypes about women can detrimentally affect their career progress. Commonly-occurring organizational conditions which facilitate the use of stereotypes in personnel decision making are identified and, lastly, data are provided demonstrating (...) the way in which affirmative action programs and practices can act to promote the stereotyping of women suggesting, that rather than being a remedy for sex discrimination, such programs might in fact be another contributor to the problem. Conclusions focus on the importance of attending to the role sex stereotypes play in hindering women's career progress when procedures to combat sex discrimination in organizations are designed and implemented. (shrink)
This paper examines the relationship between perceptual knowledge and discrimination in the light of the so-called ‘relevant alternatives’ intuition. It begins by outlining an intuitive relevant alternatives account of perceptual knowledge which incorporates the insight that there is a close connection between perceptual knowledge and the possession of relevant discriminatory abilities. It is argued, however, that in order to resolve certain problems that face this view, it is essential to recognise an important distinction between favouring and discriminating epistemic support (...) that is often overlooked in the literature. This distinction complicates the story regarding how an alternative becomes relevant, and in doing so weakens the connection between perceptual knowledge and discrimination. The theory that results, however—what I term a ‘two-tiered’ relevant alternatives theory of perceptual knowledge—accommodates many of our intuitions about perceptual knowledge and so avoids the revisionism of some recent proposals in the epistemological literature. (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)
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)
The skeptic says that "knowledge" is an absolute term, whereas the contextualist says that "knowledge" is a relationally absolute term. Which is the better hypothesis about "knowledge"? And what implications do these hypotheses about "knowledge" have for knowledge? I argue that the skeptic has the better hypothesis about "knowledge", but that both hypotheses about "knowledge" have deeply anti-skeptical implications for knowledge, since both presuppose our capacity for epistemically salient discrimination.
In this article, we discuss the relationships between discrimination, harassment, and the glass ceiling, arguing that many of the factors that preclude women from occupying executive and managerial positions also foster sexual harassment. We suggest that measures designed to increase numbers of women in higher level positions will reduce sexual harassment. We first define and discuss discrimination, harassment, and the glass ceiling, relationships between each, and relevant legislation. We next discuss the relationships between gender and sexual harassment, emphasizing (...) the influence of gender inequality on sexual harassment. We then present recommendations for organizations seeking to reduce sexual harassment, emphasizing the role that women executives may play in such efforts and, importantly, the recursive effects of such efforts on increasing the numbers of women in higher level positions in organizations. (shrink)
In 1990 the landmark Americans with Disabilities Act (ADA) became federal law with the express purpose to “establish a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities."l The act includes separate titles prohibiting discrimination on the basis of disability in employment, public services, transportation and public accommodations. Since it prohibits discrimination on the basis of disability in both public and private services and programs, in health care “it applies to programs provided (...) by the government, benefits provided by employers, and services pro- ”2 vided by physicians.Moreover, the ADA defines disability broadly to include “any.. (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 first explicit argument for the incompatibility of externalism in the philosophy of mind and a priori self-knowledge is Boghossian’s discrimination argument. In this essay, I oppose the third premise of this argument, trying to show by means of a thought experiment that possessing the “twater thought” is not an alternative, a fortiori not a relevant alternative, to having the “water thought.” I then examine a modified version of Boghossian’s argument. The attempt is made to substantiate the claim that (...) the standard incompatibilist support for its second premise is untenable. Furthermore, a third Boghossian-style argument is rejected on the ground that either its second premise cannot be warranted in the way suggested by incompatibilists or its third premise is mistaken because having the “twater thought” instead of the “water thought” is not relevant. Finally, it is argued that the discrimination argument cannot be saved by invoking closure. The upshot of my discussion is that a compatibilist can dismiss Boghossian-style arguments for incompatibilism without having to deal with fundamental issues concerning self-knowledge and the nature of slow switching. (shrink)
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 (...) that we should allow our choice of borderline candidates to be guided by non-relevant criteria such as gender-balancing. I argue that this would not, as commonly objected, be a case of sex discrimination if it is to be applied either in favour of men or women. Nonetheless, I argue that such policies are problematic because they violate the demand for publicity, which is required for legitimacy and to assure everyone that discrimination has not in fact taken place. Instead, I suggest that, if we are concerned to avoid discrimination, there may be a case for using lotteries as tie-breakers, not on grounds of fairness but to prevent taint of bias. (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)
This article tries to define what discrimination is and to understand in particular detail its most important instances: those in which the satisfaction of interests is at stake. These cases of discrimination will be characterized in terms of deprivations of benefits. In order to describe and classify them we need to consider three different factors: the benefits of which discriminatees are deprived, the criteria according to which such benefits are denied or granted, and the justification that such deprivation (...) of benefits may have (or lack). This definition intends to present discrimination as a concept that may be useful not only to examine certain social phenomena, but also, more widely, to ethical theory in general. (shrink)
In this introduction, the author briefly presents the way in which Clayton, Segall and Lippert-Rasmussen deal with what egalitarianism has to say about non-discrimination in hiring. Parallels and differences between their approaches are stressed.
The principle of discrimination (or distinction, as it is sometimes called in legal circles) requires that soldiers treat civilians differently from fellow soldiers, generally not attacking the former except in extreme situations. The Geneva Conventions call for a clear separation of people into two camps: those who are protected from assault, including army medical personnel, injured soldiers, prisoners of war, and civilians on the one hand, and soldiers actively engaged in hostilities on the other hand. Since the Middle Ages, (...) it has been common to differentiate these people into two large groups, although there has not been wide agreement about which of the following groups were the most salient: civilians versus soldiers; noncombatants versus combatants; or the innocent versus the non-innocent (the guilty). In this chapter, I will argue that the principle of discrimination or distinction is most plausibly defended as an extension of the principle of humane treatment, and only on that basis is it to be seen as providing a nonutilitarian basis for deciding how to act during war. (shrink)
This paper utilizes Iris Marion Young’s critical, post-9/11 reading of Thomas Hobbes, as a theorist of authoritarian government grounded in fear of threat (Young 2003). Applying Young’s reading of Hobbes to the high-profile ethicist Julian Savulescu’s advocacy of genetic enhancement reveals an underlying unjust discrimination in Savulescu’s use of patriarchal protector–protected analogies between family and state. First, the paper shows how Savulescu’s concept of procreative beneficence, in which parents use genetic selection to have children who will have the best (...) lives possible, is unjustly discriminatory against marginalized groups. Increasingly, however, he has invoked public security to justify genetic interventions. In recent speeches, Savulescu has argued a global state of emergency is developing due to a combination of the global environmental crisis, the threat of bioterrorism, and the failure of liberalism. To help deal with this emerging state of emergency, Savulescu advocates an unjustly discriminatory array of genetic-based governance practices, including detention and segregation. (shrink)
Recent arbitration and human rights boards of inquiry cases involving discrimination against pregnant employees are reviewed. A comparison is made between remedies available under each procedure. It is suggested that the human resource managers review their policies and procedures relevant to this issue to ensure that they do not have the effect or intent of discriminating against pregnant employees.
Price discrimination is the practice of charging different customers different prices for the same product. Many people consider price discrimination unfair, but economists argue that in many cases price discrimination is more likely to lead to greater welfare than is the uniform pricing alternative—sometimes for every party in the transaction. This article shows i) that there are many situations in which it is necessary to engage in differential pricing in order to make the provision of a product (...) possible; and ii) that in many such situations, the seller does not obtain an above-average rate of return. It concludes that price discrimination is not inherently unfair. The article also contends that even when conditions i) and/or ii) do not obtain, price discrimination is not necessarily unethical. In itself, the fact that some people get an even better deal than do others does not entail that the latter are wronged. (shrink)
Left-libertarianism, like the more familiar right-libertarianism, holds that agents initially fully own themselves. Unlike right-libertarianism, however, it views natural resources as belonging to everyone in some egalitarian manner. Left-libertarianism is thus a form of liberal egalitarianism. In this article, I shall lay out the reasons why (1) left-libertarianism holds that (a) private discrimination is not intrinsically unjust and (b) it is intrinsically unjust for the state to prohibit private discrimination, and (2) that, nonetheless, a plausible version of left-libertarianism (...) holds that it is unjust for the state (and many private individuals) to take no steps to offset the negative effects of systematic private discrimination. The basic line is not new. It is simply that there is nothing unjust in principle with private discrimination, but there is (at least typically) something unjust about doing nothing to promote equal life prospects. (shrink)
Counter-terrorism officials in the USA and the UK responded to the events of 11 September 2001 and 7 July 2005 with an increasing resort to the use of ?intelligence-led policing? methods such as racial and religious profiling. Reliance on intelligence, to the effect that most people who commit a certain crime have a certain ethnicity, can lead to less favourable treatment of an individual with that ethnicity because of his membership in that group, not because of any act he is (...) suspected or known to have committed. This paper explains the context in which intelligence-led policing flourishes, and how this discussion contributes to the profiling debate in both the USA and the UK, and then sets out two key contentions. First, we argue that Article 14 ECHR as applied under the UK Human Rights Act has a more protective, and less ?prosecutorial?, conception of discrimination than has the US Equal Protection Clause, meaning that judges need not find a discriminatory motive to find that discrimination has occurred. Second, we contend that Article 14 provides the judiciary with the key tool of proportionality, which, when properly applied, makes it harder for discrimination to stand up to scrutiny. (shrink)
Cost-effectiveness analysis is the standard analytical tool for evaluating the aggregate health benefits of treatments, interventions, or health programs. It works by comparing the ratio of costs and benefits of different alternatives. The lower the ratio, the more effective the treatment, intervention, or program. The use of cost-effectiveness analysis can ensure that scarce health care resources are allocated in a way that maximizes the satisfaction of health needs. According to a common objection, however, the use of cost-effectiveness analysis for setting (...) priorities in the allocation of health care resources may lead to unfair discrimination against people with disabilities.The aim of the first part of this .. (shrink)
Notwithstanding an ongoing concern about the low representation of certain groups in higher education, there is reluctance on the part of politicians and policy makers to adopt positive discrimination as an appropriate means of widening participation. This article offers an account of the different objections to positive discrimination and, thereafter, clarifies and criticises the view that universities ought to select those applicants who are expected to be most successful as students. It distinguishes arguments from meritocracy, desert, respect, and (...) productivity and shows how these arguments are compatible with the use of positive discrimination in higher education. (shrink)
ABSTRACT. This paper considers two sets ethical obligations owed by a firm and its management to stockholders and employees with respect to layoffs. Literature and research from ethics and agency are used to frame ethical issues that pertain to age discrimination in layoffs. An actual court case provides an example for focus, analysis, and discussion. Points of discussion include management''s obligations to employees and factors of injustice related to prejudice against age.
In the late 1980s workforce became more diverse in terms of demographic changes, cultural differences and other characteristics of organizational members. This diversity was a reflection of changing global markets. Workforce diversity has both positive and negative effects on organizational performance. Therefore, it is becoming important especially for medium- and large-scale businesses. In order to manage increasingly workforce diversity and to prevent discrimination, diversity management is now considered as a major part of strategic human resource management. The purpose of (...) this study is to establish the dimensions of discrimination that occur due to demographic differences in Turkish manufacturing industry. The findings of the research indicate that demographic characteristics, socio-cultural structure, managerial policy and behaviors, union tendency and regional differences, laws and local community, gender, educational and age differences, and political opinions have influence on discrimination. According to the results, discrimination has been observed mostly in job processes such as promotions and appointments, human resource selection, job/employment examination and interviews, and performance appraisal. (shrink)
Discrimination on the basis of race, sex, national origin, etc., is often morally wrong. But should such behaviour be proscribed by legislation, and penalized by fines or jail sentences? This paper argues that such enactments are incompatible with the law of free association, and with the concept of economic liberty and civil rights.
Many organizations, companies, and so on are committed to certain representational aims as regards the composition of their workforce. One motivation for such aims is the assumption that numerical underrepresentation of groups manifests discrimination against them. In this article, I articulate representational aims in a way that best captures this rationale. My main claim is that the achievement of such representational aims is reducible to the elimination of the effects of wrongful discrimination on individuals and that this very (...) important concern is, in principle, compatible with the representation of various groups diverging widely from their share of the overall population. The discussion also shows that we should ensure that a preoccupation with groups' numbers in relation to the population as a whole does not lead us away from our real aim, for example because we are blinded to the effects of discrimination against numerically overrepresented groups, or overlook the innocently different ambitions of some numerically underrepresented groups. In relation to the latter point, I appeal to the fact that many luck egalitarians think justice should be ambition sensitive (but endowment insensitive). Also, the time-relative account of representational aims expounded shows that, and how, representational aims should accommodate the changing composition of populations over time. Key Words: affirmative action restorative justice egalitarianism ambition sensitivity diversity. (shrink)
Background. As the development and use of genetic tests have increased, so have concerns regarding the uses of genetic information. Genetic discrimination, the differential treatment of individuals based on real or perceived differences in their genomes, is a recently described form of discrimination. The range and significance of experiences associated with this form of discrimination are not yet well known and are investigated in this study. Methods. Individuals at-risk to develop a genetic condition and parents of children (...) with specific genetic conditions were surveyed by questionnaire for reports of genetic discrimination. A total of 27,790 questionnaires were sent out by mail. Of 917 responses received, 206 were followed up with telephone interviews. The responses were analyzed regarding circumstances of the alleged discrimination, the institutions involved, issues relating to the redress of grievances, and strategies to avoid discrimination. (shrink)
The issue of genetic discrimination has attracted growing attention and has been the focus of a recent major Australian inquiry. It is, however, a complex and loaded notion, open to interpretation. This paper explores the concept of genetic discrimination in both its theoretical and practical dimensions. It examines its conceptual underpinnings, how it is understood, and how this understanding fits within the legal framework of disability discrimination. The paper also examines the phenomenon in practice, including the ‘fear (...) factor’ and the resulting implications for the development of regulatory policy. The paper argues that we need to be discerning in our interpretation of this term, and differentiate between discriminatory conduct which is legal and illegal. Further, it is argued that a concerted societal response to the ‘problem’ of genetic discrimination is needed involving targeted legal reforms as well as broader non-legal strategies. (shrink)
In the future systems of ambient intelligence will include decision support systems that will automate the process of discrimination among people that seek entry into environments and to engage in search of the opportunities that are available there. This article argues that these systems must be subject to active and continuous assessment and regulation because of the ways in which they are likely to contribute to economic and social inequality. This regulatory constraint must involve limitations on the collection and (...) use of information about individuals and groups. The article explores a variety of rationales or justifications for establishing these limits. It emphasizes the unintended consequences that flow from the use of these systems as the most compelling rationale. (shrink)
Gender discrimination continues to be a problem in organizations. It is therefore important that organizations use performance evaluation methods that ensure equal opportunities for men and women. This article reports the results of an experiment to investigate whether and, if so, how the gender of the rater and that of the ratee moderate the relationship between the level of subjectivity in performance appraisals and organizational attractiveness. Participants in the experiment were 313 undergraduate students. We predicted, and indeed established, that (...) as the probability increases that employee performance is evaluated by a female manager, women expect more positive outcomes of subjective, but not objective evaluation processes. Our data did not support our expectation that as the probability of being evaluated by a female manager increases, men expect less positive outcomes of subjective evaluation processes. The findings of this study contribute to our understanding of why women are over-represented in jobs with objective formula-based reward systems, such as piece-rate systems. They are also of interest to organizations that are looking for more ethical human resource management practices. (shrink)
In this paper an attempt is made to draw out an outline of present social evils generated from Caste-Discrimination and this system is the misinterpreted conception of Varynavyavastha where the four varnas are divided on the basis of division of labour and since history it converted to caste system. With these Human Rights issues are directly related and human rights are an important concept in civilized and democratic society. But from the part of Government and judiciary the above said (...) both are separated and cannot be treated equally and it can be see in the latest examples of inhuman acts with Dalits in Haryana. First this paper also highlights the schemes and policies of the government to eliminate this system and their failure in part of unavailability to socially deprived persons. These policies are only in the paper form and cannot become part of practical concerns. Secondly these problems related to caste- discrimination can be solved only by social awareness and social interaction among different communities but not only by policies and schemes. Since independence there is not a single case of social awareness programme conducted by political parties and government and this become the root cause of social inequality till now. The present examples of violation and injustice with poor and deprived persons show the failure of our judiciary system and so-called democratic & secular society. With this background some recommendations will be discussed in the last of the paper so that a humane society can be modeled according to our constitutional commitment of social equality, freedom and brotherhood. (shrink)
This study explores the effect of individuation training on the acquisition of race-specific expertise. First, we investigated whether practice individuating other-race faces yields improvement in perceptual discrimination for novel faces of that race. Second, we asked whether there was similar improvement for novel faces of a different race for which participants received equal practice, but in an orthogonal task that did not require individuation. Caucasian participants were trained to individuate faces of one race (African American or Hispanic) and to (...) make difficult eye-luminance judgments on faces of the other race. By equating these tasks we are able to rule out raw experience, visual attention, or performance/success-induced positivity as the critical factors that produce race-specific improvements. These results indicate that individuation practice is one mechanism through which cognitive, perceptual, and/or social processes promote growth of the own-race face recognition advantage. (shrink)
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. (shrink)
This report is the product of the Arts-and-Humanities Research Council’s Connected Communities programme. The specific project being undertaken at the University of Liverpool is entitled Philosophy of Religion and Religious Communities: Defining Beliefs and Symbols. The aim of the Liverpool project as a whole is to consider the contribution philosophy of religion can make to recent debates surrounding legal cases alleging religious discrimination. Its orienting question runs, ‘when, if ever, is it acceptable to prohibit the use of religious symbols?’. (...) The present report scrutinises in detail the way in which Article 9 of the European Convention of Human Rights has been utilised in recent judgments concerning the uses of religious symbolism. It argues that since 1995, Strasbourg jurisprudence, followed, to some extent, by domestic jurisprudence, has displayed what we call ‘the practical turn’. This we analyse as the turn away from seeing actions solely in the light of the antecedent beliefs that they manifest to seeing actions and the practices that they compose in their own right alongside beliefs. The practical turn can, we consider, be given several slightly different detailed readings. One such is that it is the turn from consideration of high-level theoretical systems of belief (such as religions), to which actions and practices are considered subservient, to consideration of individual low-level practical beliefs on an equal footing with the actions that naturally flow from them. (shrink)
Biological self reference idioms in brain-centered or nervous-system-centered self determination of the consious Self reveal an interesting contrast with biological self-determination by immunological self/non-self discrimination. This contrast is both biological and epistemological. In contrast to the consciousness conscious of itself, the immunological self-determination imposes a protective mechanism against self-recognition (Coutinho et al. 1984), which adds to a largely unconscious achievement of the biological Self (Popper 1977; Medawar 1959). The latter viewpoint is in contrast with the immunological Self-determination as an (...) essentially cognitive process as expressed in the analysis of Tauber (1994). Comparison of the immune system in vertebrates and invertebrates, according to new biological insights, has contributed to a better understanding of the relative role of innate (or inherited) immunity versus immunity acquired during each individual life. Also in this respect, immunological self-achievement shows both a striking analogy and a fundamental discrepancy with the activity of the nervous system. The analysis of immunological Self/non-self discrimination versus brain-centered self-determination adds to the understanding of the function paradigm in biological self-reference idioms, especially when regarding the importance of the connectivity notion in both systems. Adopting functional explanatory schemes for understanding immunological self-non-self discrimination, as well as for the understanding of functional mapping of the brain at (conscious) activity (Friston et al. 1993; Frith et al. 1995), forwards the notion of effective/functional connectivity. Network connectivity not only is a primary question in solving the dimensionality question for immunological ‘idiotypic networks’ (Jerne 1974a, b; 1984), it may also have an important value in describing phase transitions in the development of both immune and nervous systems. (shrink)
Many legal disputes turn on scientific, especially statistical, evidence. Traditionally scientists have accepted only that statistical evidence which satisfies a 95 percent (or 99 percent) rule — that is, only evidence which has less than five percent (or one percent) probability of resulting from chance.The rationale for this rule is the reluctance of scientists to accept anything less than the best-supported new knowledge. The rule reflects the internal needs of scientific practice. However, when uncritically adopted as a rule for admitting (...) legal evidence, the seemingly innocuous 95 percent rule distorts the balance of interests historically protected by the legal system. In particular, plaintiffs in toxic tort and employment discrimination suits are effectively held to a heavier burden of proof in showing that their injuries were more probably than not caused by the defendant's actions. The result is that too many victims of toxic torts or employment discrimination cannot win legal redress for their injuries. (shrink)
The renewed interest in the issue of black reparations, both in the public sphere and among scholars, is a welcome development because the racial injustices of the past continue to shape American society by disadvantaging African Americans in a variety of ways. Attention to the past and how it has shaped present-day inequality seems essential both to understanding our predicament and to justifying policies that would address and undermine racial inequality. Given this, any argument for policies designed to pursue racial (...) justice must be, at least in part, backward-looking, justifi ed partly as compensation for the effects of the wrongs of the past. However, some arguments about black reparations, both pro and con, are focused too far in the past. An unspoken assumption of much of the debate about black reparations is that these would be reparations for slavery. This, we argue, is a mistake. Racial inequality in the United States today may, ultimately, be based on slavery, but it is also based on the failure of the country to take effective steps since slavery to undermine the structural racial inequality that slavery put in place. From the latter part of the nineteenth century through the fi rst half of the twentieth century, the Jim Crow system continued to keep Blacks “in their place,” and even during and after the civil rights era no policies were adopted to dismantle the racial hierarchy that already existed. An important part of the story of racial inequality today is the history of housing and lending discrimination in the second half of the twentieth century (McCarthy 2002; 2004). Home equity, for many Americans, is a very important source of wealth, and the decades after World War II were ones of rapid home equity growth. They were the decades that saw the creation of a large, mostly suburban, middle class. But the middle class that was created was also mostly White, and this was due largely to government policies that (in many cases intentionally) excluded Blacks from the opportunities to get into the home market and benefi t from home equity growth. In this paper we argue that recent housing and lending discrimination constitutes an important basis for black reparations.. (shrink)
Tom Beauchamp has pointed out that there are three major positions advocated on the issue of “reverse discrimination”. In this article, I will argue that all three of these positions overlook a central issue which is at stake in this controversy and I will suggest that a fourth position exists. Furthermore, I will argue that the programs usually supported by those in favor of preferential treatment (e.g., the setting of educational or employmental goals or quotas) are, while unquestionably worthwhile (...) in their aims, in fact only superficial “band-aid” type solutions to a problemwhich requires much more fundamental changes in our attitudes concerning the distribution of wealth and opportunities in our society. (shrink)
Discrimination might be considered unjust on account of the comparative disadvantage it imposes, the absolute disadvantage it imposes, the disrespect it shows, or the prejudice it shows. This article argues that each of these accounts overlooks some cases of unjust discrimination. In response to this state of affairs we might combine two or more of these accounts. A promising approach combines the comparative disadvantage and absolute disadvantage accounts.
I take issue with Saunders & van Brakel's claim that neural processes play no interesting role in determining color categorizations. I distinguish an aspect of color categorization, namely, color discrimination, from other aspects. The law of trichromacy describes conditions under which physical properties cannot be discriminated in terms of color. Trichromacy is explained by properties of neural processes.
We present a reference model for finding (prima facie) evidence of discrimination in datasets of historical decision records in socially sensitive tasks, including access to credit, mortgage, insurance, labor market and other benefits. We formalize the process of direct and indirect discrimination discovery in a rule-based framework, by modelling protected-by-law groups, such as minorities or disadvantaged segments, and contexts where discrimination occurs. Classification rules, extracted from the historical records, allow for unveiling contexts of unlawful discrimination, where (...) the degree of burden over protected-by-law groups is evaluated by formalizing existing norms and regulations in terms of quantitative measures. The measures are defined as functions of the contingency table of a classification rule, and their statistical significance is assessed, relying on a large body of statistical inference methods for proportions. Key legal concepts and reasonings are then used to drive the analysis on the set of classification rules, with the aim of discovering patterns of discrimination, either direct or indirect. Analyses of affirmative action, favoritism and argumentation against discrimination allegations are also modelled in the proposed framework. Finally, we present an implementation, called LP2DD, of the overall reference model that integrates induction, through data mining classification rule extraction, and deduction, through a computational logic implementation of the analytical tools. The LP2DD system is put at work on the analysis of a dataset of credit decision records. (shrink)
This paper relates Donaldson and Dunfee’s Integrative Social Contracts Theory to the problem of gender discrimination. We make the assumption that multinational managers might seek some guidance from ISCT to resolve ethical issues of gender discrimination in countries indifferent or hostile to gender equaIity. The role of Donaldson and Dunfee’s “hypernorms” seems especially cruciaI, and we find that, under their writings thus far, no “hypernorms” exist to make unethical the most blatant acts of sex discrimination in a (...) host country whose local norms tolerate such discrimination. The genesis of “hypernorms” as “global moral minimums” is recounted, and specific application of ISCT to a familiar ethics case (“A Foreign Assignment”) is provided. (shrink)
This essay critically examines economist and philosopher Amartya Sen's writings as a potential resource in religious ethicists' efforts to analyze discrimination against girls and women and to address their well-being and agency. Delineating how Sen's discussions of "missing women" and "gender and cooperative conflict" fit within his "capability approach" to economic and human development, the article explores how Sen's methodology employs empirical analysis toward normative ends. Those ends expand the capability of girls and women to function in all aspects (...) of their society. It concludes with a discussion of ways to engage Sen's work within religious ethics. (shrink)
This study examined the influence of two organizational context variables, codes of conduct and supervisor advice, on personnel decisions in an experimental simulation. Specifically, we studied personnel evaluations and decisions in a situation where codes of conduct conflict with supervisor advice. Past studies showed that supervisors’ advice to prefer ingroup over outgroup candidates leads to discriminatory personnel selection decisions. We extended this line of research by studying how codes of conduct and code enforcement may reduce this form of discrimination. (...) Eighty German managers evaluated and selected candidates from an applicant pool including Germans (ingroup members) and foreigners (outgroup members). Supervisor advice to prefer ingroup members lowered suitability ratings of outgroup members as well as their chances to be selected for an interview. Ethical codes of conduct referring to equal opportunities limited this form of discrimination, but only when codes were enforced by sanctions and integrated into organizational every-day practice. The implications of these findings for research and practice are discussed. (shrink)
Using the scope of justice perspective (Deutsch in J Soc Issues 31(3):137–149, 1975 ; Opotow in Conflict, cooperation, and justice: essays inspired by the work of Morton Deutsch, 1995 , J Soc Issues 52:19–24, 1996 ), we examined whether and how the relationship between perceived discrimination against minorities at work (i.e., racial minorities and females) and citizenship behavior toward minorities can be modified by personal value for diversity. Based on a survey of 173 employees, unexpectedly, we found a negative (...) relationship between perceived discrimination against minorities at work and citizenship behavior toward minorities. However, consistent with our expectations and the scope of justice, we found that the negative relationship was attenuated for those high in personal value for diversity. (shrink)
'Ideologies of Discrimination' considers the implications of the new genetics for understandings of personhood and for understandings of the relationship between people in groups. In particular, the essay delineates and examines the emerging notion of a 'genetic group' and considers the social implications of redefining families, racial groups and ethnic groups through express, and often exclusive, reference to a shared genome. One consequence of such redefinition has been the justification and elaboration of stigmatizing images of and discrimination against (...) such groups-especially those, such as Jews and African-Americans, that have long been identified with specific somatic characteristics. A few worrisome trends begin to emerge in the response of the American legal system to the notion of genetic groups. Among these is a shift in the locus of privacy and identity from the autonomous individual to the genetic group. This shift challenges (and threatens) long-standing Western values (including equality and liberty) that depend upon the ideological centrality of autonomous individuality. (shrink)
This paper describes how anticipated age discrimination in the form of disparate treatment induces behavior that in effectconstitutes gender discrimination. Potential employers often exhibit a common pattern of behavior that acts to discriminate against older workers entering a specific workplace. Women, at a decision-making point early in their lives, are aware of this pattern of discrimination. They perceive that it is important for them to establish their careers before they have a family because it will be more (...) difficult for them to enter the work force at a later age and excel at their careers. This anticipated age discrimination disparately impacts women, resulting in gender discrimination. (shrink)
Age discrimination, particularly in the context of performance evaluation decisions, has been a source of major concern and litigation for organizations in the past, and indications are that this area will pose serious challenges in the future. The present study attempted to delve more deeply into the process by which manifest age discrimination operates in the performance evaluation process. A conceptualization was proposed and tested which suggested that age-related influences on performance ratings operate through interpersonal distance and political (...) influence of subordinates. Results demonstrated some support for this conceptualization. (shrink)
Salop’s “Circular City” model of spatial competition is generalized to higher dimensions, and to “transportation” costs which are a power of distance. Assuming free entry, mill pricing is compared to location-based price discrimination. For dimensions above one, there is some too little entry below some cutoﬀ power, and too much entry above it. This cutoﬀ cost-power rises with dimension, and is larger under price discrimination. Mill pricing induces more entry for powers of four or less, and less entry (...) for powers of ﬁve or more. Overall, too much entry seems a more severe problem, which tends to price discrimination. (shrink)
Africa, before European colonization, knew no other form of legal system outside customary arrangements. Based on secondary sources and a primary survey conducted between 2009 and 2010 on the situation of women and land rights in anglophone Cameroon, this paper examines the grounds for discrimination in customary laws against women's rights to land in the context of legal pluralism, and discusses the implications of this custom of gender discrimination. In drawing from Cameroon as an exemplar, it concludes that (...) the strong influence and impact of customs on current land tenure systems have global implications on women's land rights, food security and sustainable development, and that gender equality in land matters can be possible only where the critical role of ethics is recognized in pursuit of the economic motive of land rights. (shrink)
Abstract This paper describes an initiative to promote social justice in two groups of primary aged children. The initiative was concerned with the extent to which first? and third?year juniors can apply principles of unfair discrimination to issues of gender, ?race? and social class having been taught the principles in contexts unrelated to structural inequality. The study provides evidence consistent with the claim that children between the ages of seven and 11 can learn to recognise certain manifestations of unfair (...)discrimination against oppressed groups. The data further suggest that children in this age group can learn to recognise such discrimination on the basis of principles acquired in contexts that make no reference to oppressed groups. It is argued that the data are sufficiently encouraging to warrant a replication of the study on a larger scale. (shrink)
Suppose that a school restricts student expression critical of homosexual conduct yet allows or actively supports student expression that promotes acceptance and tolerance of gays and lesbians. Can such a policy be justified if the anti-gay speech disrupts the educational environment of the school while the pro-gay speech does not? Or does the differential treatment of anti-gay and pro-gay speech constitute unconstitutional viewpoint discrimination because it distorts the marketplace of ideas within the school? Can viewpoint discrimination ever be (...) justified on the ground that anti-gay speech invades the rights of others under Tinker v. Des Moines Independent Community School District, 393 U.S. 503 (1969)? These were among the questions debated by Judges Reinhardt and Kozinski in the Ninth Circuit's now-vacated panel opinion in Harper v. Poway Unified School District, 445 F.3d 1166 (9th Cir. 2006), but their significance to the law of student speech is quite general. Courts are increasingly becoming concerned with the question of whether Tinker allows viewpoint-based restrictions of student speech, but so far jurists have not reached agreement on this question or even on the simpler question of what counts as viewpoint discrimination. This article attempts to clarify the emerging debate about the permissibility of viewpoint discrimination under Tinker and proposes modifications to the Tinker framework that would enable courts to deal more fruitfully with charges that school officials have imposed viewpoint-based restrictions on student speech. I argue that we should think of viewpoint discrimination as purposeful restriction of expression on the basis of governmental disagreement with the message. Tinker must be understood to bar purposeful viewpoint discrimination, but the conclusion that a school speech restriction constitutes purposeful viewpoint discrimination will come at the end rather than at the beginning of constitutional analysis. A school will never announce that it has restricted student speech on the basis of disagreement with the message; instead, it will claim that it has regulated speech to prevent harm. And this is something that schools (and the state more generally) may sometimes do - at least with sufficient justification. Tinker obviously contemplates the regulation of speech where necessary to prevent two specific sorts of harms - disruption to the school's mission and violations of the rights of other students - and so must require courts to distinguish between school speech restrictions based on impermissible ideological purposes and those based on the permissible purposes of preventing disruptions or violations of student rights. Tinker's substantial disruption test, I contend, should primarily be understood as a mechanism for helping courts to smoke out these impermissible purposes. (shrink)
Th is paper investigates the question of legitimate targets in war and the traditional jus in bello principle of discrimination, which is generally interpreted to mean that a bright line must be drawn between combatants and noncombatants, and that only the former may be attacked directly.Michael Walzer and John Rawls have proposed a “supreme emergency exemption” to this principle, which permits the targeting of innocent people in emergencies such as that of Britain in late 1940. Rejecting this, the paper (...) offers as an alternative a principleof “graduated discrimination.” This principle distinguishes three classes: innocents, combatants, and noncombatant belligerents (noncombatants are belligerent if they contribute directly to the enemy’s war effort). It holds that the bright line must still be drawn, but between innocents and belligerents, and that, among the latter, noncombatants may be attacked in severe conditions—even, in supreme emergencies, if their belligerent role is simply providing the regime with a popular mandate. (shrink)
This paper deals with what a government funded development agency should do when a developing country imposes restrictions on the development process which discriminate on the basis of gender against some members of the development agency’s staff. The conclusion is that there are circumstances in which development agencies should continue their work in the face of gender discrimination but they should not instigate development projects if doing so would involve them in gender discrimination. A set of procedures for (...) a development agency to follow in these difficult circumstances is outlined. It is argued that an agency is entitled to violate a moral principle when so doing will reduce violations of that same principle. (shrink)
Several authors have characterized a striking phenomenon of perceptual learning in visual discrimination tasks. This learning process is selective for the stimulus characteristics and location in the visual field. Since the human visual system exploits symmetry for object recognition we were interested in exploring how it learns to use preattentive symmetry cues for discriminating simple, meaningless, forms. In this study, similar to previous studies of perceptual learning, we asked whether the effects of practice acquired in the discrimination of (...) pairs of shape with a specific orientation of the symmetry axis would transfer to the discrimination of shapes with different orientation of symmetry axis, or to shapes presented in different areas of the visual field. We found that there was no learning transfer between forms with very different axes of symmetry (90° apart). Interestingly, however, we found a transfer of learning effect to horizontally oriented symmetry axis from a condition with an axis of symmetry differing by 45°. Also it appears that some subjects took a longer time to learn than the typical fast learning paradigm would predict. Data showed that when observers practice discrimination of meaningless symmetric forms, consistent improvement in the performance occurs. This improvement is lasting over days, and it tends to be specific for the area of the visual field trained. We will discuss results from some of the observers whose learning was not fast, but who actually improved with more practice and with large time intervals (1 day) between training sessions. (shrink)
Price discrimination is widespread in the American economy and sometimes can be defended as achieving socially preferable economic outcomes. However, the separation of markets required for price discrimination is often difficult to sustain. Sometimes those whom the seller wishes to charge higher prices are identified by imprecise markers. (Thus, as one example, airlines have traditionally attempted to identify business travelers willing to pay higher fares as those travelers unwilling to stay at their destination over a Saturday night.) Imprecise (...) targeting complicates efforts to prevent strategies of circumvention and sellers sometimes resort to claiming that buyers are morally bound to observe rules which sellers cannot otherwise enforce. This paper examines whether buyers can be morally bound by sellers to put themselves into discriminated-against classes.This paper takes the position that if, as often seems to be the case, there is a social consensus that consumers would not be morallyobliged to sort themselves into categories precisely designed to achieve the goals of price discrimination, then there is, a fortiori,a social consensus that consumers are not morally obliged to sort themselves into categories which are only crudely designed toachieve the goals of price discrimination, and which may in fact be counterproductive. (shrink)
Can indistinguishable objects differ aesthetically? Manifestationism answers ‘no’ on the grounds that (i) aesthetically significant features of an object must show up in our experience of it; and (ii) a feature—aesthetic or not—figures in our experience only if we can discriminate its presence. Goodman’s response to Manifestationism has been much discussed, but little understood. I explain and reject it. I then explore an alternative. Doubles can differ aesthetically provided, first, it is possible to experience them differently; and, second, those experiences (...) reflect differences in the objects’ themselves. A range of objections to this position is considered, but all are found wanting. (shrink)
According to the Ability Hypothesis, knowing what it is like to have experience E is just having the ability to imagine or recognize or remember having experience E. I examine various versions of the Ability Hypothesis and point out that they all face serious objections. Then I propose a new version that is not vulnerable to these objections: knowing what it is like to experience E is having the ability todiscriminate imagining or having experience E from imagining or having any (...) other experience. I argue that if we replace the ability to imagine or recognize with the ability to discriminate, the Ability Hypothesis can be salvaged. (shrink)
Seven studies explored the empirical basis for claims that infants represent cardinal values of small sets of objects. Many studies investigating numerical ability did not properly control for continuous stimulus properties such as surface area, volume, contour length, or dimensions that correlate with these properties. Experiment 1 extended the standard habituation/dishabituation paradigm to a 1 vs 2 comparison with three-dimensional objects and confirmed that when number and total front surface area are confounded, infants discriminate the arrays. Experiment 2 revealed that (...) infants dishabituated to a change in front surface area but not to a change in number when the two variables were pitted against each other. Experiments 3 through 5 revealed no sensitivity to number when front surface area was controlled, and Experiments 6 and 7 extended this pattern of findings to the Wynn (1992) transformation task. Infants’ lack of a response to number, combined with their demonstrated sensitivity to one or more dimensions of continuous extent, supports the hypothesis that the representations subserving object-based attention, rather than those subserving enumeration, underlie performance in the above tasks. (shrink)
Although the demographics on male versus female death-row prisoners suggest that males are criminal justice system’s primary targets, the author argues that the system still discriminates against women. Vtilizing postmodern scholarship, he argues that female prisoners are punished primarily for violating dominant norms of gender correctness.
This work investigates the ability of the human visual system to discriminate self-similar Gaussian random textures. The power spectra of such textures are similar to themselves when rescaled by some factor h > 1. As such, these textures provide a natural domain for testing the hypothesis that texture perception is based on a set of spatial-frequency channels characterized by filters of similar shape.
This article discusses recent legal conflicts between state universities and conservative religious students in the United States, focusing on Christian Legal Society v. Martinez. In recent years, several universities have denied recognition to religious student organizations that discriminate on the basis of religion or sexual orientation. I argue that scholars on both sides of the issue have failed to recognize the full scope of the privilege that the universities demand. If the courts accept the universities' demands, then the courts dangerously (...) expand the government's authority to suppress dissenters. No proponent of civil liberties should welcome this change. (shrink)
According to the Ability Hypothesis, knowing what it is like to have experience E is just having the ability to imagine or recognize or remember having experience E. I examine various versions of the Ability Hypothesis and point out that they all face serious objections. Then I propose a new version that is not vulnerable to these objections: knowing what it is like to experience E is having the ability todiscriminate imagining or having experience E from imagining or having any (...) other experience. I argue that if we replace the ability to imagine or recognize with the ability to discriminate, the Ability Hypothesis can be salvaged. (shrink)
Feminist critics of the stigmatization of prostitution such as Martha Nussbaum and Sybil Schwarzenbach argue that the features of the practice do not, or at least need not, differ essentially from those of other more respected sorts of labor. I argue that even the least degraded forms of the current practice of prostitution remain objectionable on feminist grounds because patrons demand a semblance of sexual self-expression that engages discriminatory beliefs about women's sexuality.
I argue that, contrary to widespread philosophical opinion, phenomenal indiscriminability is transitive. For if it were not transitive, we would be precluded from accepting the truisms that if two things look the same then the way they look is the same and that if two things look the same then if one looks red, so does the other. Nevertheless, it has seemed obvious to many philosophers (e.g. Goodman, Armstrong and Dummett) that phenomenal indiscriminability is not transitive; and, moreover, that this (...) non-transitivity is straightforwardly revealed to us in experience. I show this thought to be wrong. All inferences from the character of our experience to the non-transitivity of indiscriminability involve either a misunderstanding of continuity, a mistaken interpretation of the idea that we have limited powers of discrimination, or tendentious claims about what our experience is really like; or such inferences are based on inadequately supported premisses, which though individually plausible are jointly implausible. (shrink)
According to the monitoring theory of consciousness, a mental state is conscious in virtue of being represented in the right way by a monitoring state. David Rosenthal, William Lycan, and Uriah Kriegel have developed three different influential versions of this theory. In order to explain colour experiences, each of these authors combines his version of the monitoring theory of consciousness with a specific account of colour representation. Even though Rosenthal, Lycan, and Kriegel disagree on the specifics, they all hold that (...) colours are represented by a single type of mental state. The main goal of this paper is to show that a more complex account of colour representation is needed for the monitoring theory of consciousness to do justice to the phenomenology of colour experiences. In particular, I will argue that the fine-grained character of colour experience?that is, the fact that perceivers can become conscious of small differences between colours?requires that colour representation be construed in terms of two different types of mental states, namely sensory states that represent appearance properties and colour representations that represent physical colours. (shrink)
Just war theory is a difficult, even paradoxical, philosophical topic. It is not just that warfare involves large-scale, organised, deliberate killing, and hence might seem the very paradigm of immorality. The just war tradition sharply divorces the question of whether or not it is permissible to resort to war – the question of jus ad bellum – from the question of how and against whom one may inflict harm once at war – the question of jus in bello. As Michael (...) Walzer notes,1 this separation of jus in bello from jus ad bellum means that we can meaningfully talk of an unjust war being fought justly, and vice versa: soldiers defending against aggression might nevertheless be criminals for the way in which they do it; while soldiers prosecuting an aggressive war, provided they fight it in the right way, are without culpability. This paper will draw upon the morality of individual self-defence to explain certain important features of the traditional jus in bello: the permissibility of killing, even by soldiers who lack justice on their side; the principles that govern surrender and the taking of prisoners of war; and the principle of discrimination between soldiers and civilians. Our explanation will not leave all aspects of the jus in bello undisturbed: it has consequences that are revisionary in at least some respects, this being the upshot of trying to explain the jus in bello in individualist terms. Partly because of such consequences, approaching the morality of war in individualist terms is neither straightforward nor uncontroversial.2 But we are prepared to accept.. (shrink)
The vegan ideal is entailed by arguments for ethical veganism based on traditional moral theory (rights and/or utilitarianism) extended to animals. The most ideal lifestyle would abjure the use of animals or their products for food since animals suffer and have rights not to be killed. The ideal is discriminatory because the arguments presuppose a male physiological norm that gives a privileged position to adult, middle-class males living in industrialized countries. Women, children, the aged, and others have substantially different nutritional (...) requirements and would bear a greater burden on vegetarian and vegan diets with respect to health and economic risks, than do these males. The poor and many persons in Third World nations live in circumstances that make the obligatory adoption of such diets, where they are not already a matter of sheer necessity, even more risky.Traditional moral theorists (such as Evelyn Pluhar and Gary Varner whose essays appear in this issue) argue that those who are at risk would beexcused from a duty to attain the virtue associated with ethical vegan lifestyles. The routine excuse of nearly everyone in the world besides adult, middle-class males in industrialized countries suggests bias in the perspective from which traditional arguments for animal rights and (utilitarian) animal welfare are formulated. (shrink)