Discrimination

In this paper, I argue that academic institutions have a pro tanto obligation to delegitimize transphobic views, which in many contexts is undefeated. By this, I mean academic institutions generally should not take such views seriously as viable candidates for belief, though sometimes this obligation may be outweighed by other considerations. Three premises together justify this conclusion. First, if academic institutions do not delegitimize transphobic views, then they structurally perpetuate the subordination of trans people. Second, institutions have a pro tanto (...) obligation to avoid structurally perpetuating subordination, which can only be defeated when such avoidance is excessively burdensome. Third, academic institutions can delegitimize transphobic views in a manner that is not excessively burdensome, at least in many contexts. More specifically, delegitimizing transphobic views aligns with important institutional norms and a robust notion of academic freedom. (shrink)

In this paper, I argue that academic institutions have a pro tanto obligation to delegitimize transphobic views, which in many contexts is undefeated. By this, I mean academic institutions generally should not take such views seriously as viable candidates for belief, though sometimes this obligation may be outweighed by other considerations. Three premises together justify this conclusion. First, if academic institutions do not delegitimize transphobic views, then they structurally perpetuate the subordination of trans people. Second, institutions have a pro tanto (...) obligation to avoid structurally perpetuating subordination, which can only be defeated when such avoidance is excessively burdensome. Third, academic institutions can delegitimize transphobic views in a manner that is not excessively burdensome, at least in many contexts. More specifically, delegitimizing transphobic views aligns with important institutional norms and a robust notion of academic freedom. (shrink)

In this paper, I argue that academic institutions have a pro tanto obligation to delegitimize transphobic views, which in many contexts is undefeated. By this, I mean academic institutions generally should not take such views seriously as viable candidates for belief, though sometimes this obligation may be outweighed by other considerations. Three premises together justify this conclusion. First, if academic institutions do not delegitimize transphobic views, then they structurally perpetuate the subordination of trans people. Second, institutions have a pro tanto (...) obligation to avoid structurally perpetuating subordination, which can only be defeated when such avoidance is excessively burdensome. Third, academic institutions can delegitimize transphobic views in a manner that is not excessively burdensome, at least in many contexts. More specifically, delegitimizing transphobic views aligns with important institutional norms and a robust notion of academic freedom. (shrink)

Deploying an algorithmically informed policy is a significant intervention in society. Prominent methods for algorithmic fairness focus on the distribution of predictions at the time of training, rather than the distribution of social goods that arises after deploying the algorithm in a specific social context. However, requiring a ‘fair’ distribution of predictions may undermine efforts at establishing a fair distribution of social goods. First, we argue that addressing this problem requires a notion of prospective fairness that anticipates the change in (...) the distribution of social goods after deployment. Second, we provide formal conditions under which this change is identified from pre-deployment data. That requires accounting for different kinds of performative effects. Here, we focus on the way predictions change policy decisions and, consequently, the causally downstream distribution of social goods. Throughout, we are guided by an application from public administration: the use of algorithms to predict who among the recently unemployed will remain unemployed in the long term and to target them with labor market programs. Third, using administrative data from the Swiss public employment service, we simulate how such algorithmically informed policies would affect gender inequalities in long-term unemployment. When risk predictions are required to be ‘fair’ according to statistical parity and equality of opportunity, targeting decisions are less effective, undermining efforts to both lower overall levels of long-term unemployment and to close the gender gap in long-term unemployment. (shrink)

One prominent criticism of luck egalitarianism is that it requires either shameful revelations or otherwise problematic declarations by the state toward those who have had bad brute luck. Relational egalitarianism, by contrast, is portrayed as an alternative that requires no such revelations or declarations. I argue that this is false. Relational equality requires the state to draft anti-discrimination laws for both state and private action. The ideal of relational egalitarianism requires these laws to be asymmetric, that is to allow affirmative (...) action for disadvantaged groups while prohibiting affirmative action for advantaged groups. Hence, the state needs to make a public declaration on which groups are privileged and which are underprivileged; and individuals need to reveal whether they belong to groups officially declared underprivileged. These declarations are no more problematic in this case than in the case of luck egalitarianism. (shrink)

We reply to Eva's comment on our "New Possibilities for Fair Algorithms," comparing and contrasting our Spanning criterion with his suggested Spacing criterion.

When selecting between applicants for a job, when and how should we take into account the reactions that they elicit from others? On one hand, applicants’ “reaction qualifications” often speak to their merit, in which case we seem required to consider them. On the other hand, others’ reactions are often rooted in prejudicial attitudes, in which case considering reaction qualifications can make the hiring process prejudicial. According to a popular view, we should refrain from considering reaction qualifications just in case (...) there are weighty moral reasons against doing so. I argue that this morality-based approach fails. Instead, we should refrain from considering reaction qualifications just in case considering them would render a selection procedure non-transparent or discriminatory. If consideration of a reaction qualification would have either effect, the reaction qualification does not confer merit and so should not be considered by selectors. (shrink)

This essay looks at the history of confrontations between trans people and non-trans philosophers. It argues that trans contentions within philosophy should be considered alongside the intersection of transness with social class, patterns of anti-trans employment discrimination, affective injustice against trans employees, and the discipline of philosophy as an exclusive prestige-driven workplace. It concludes that philosophy should better study cis philosophers and the ways that they encounter trans people in the world, as colleagues, and as objects of inquiry.

I consider statistical criteria of algorithmic fairness from the perspective of the _ideals_ of fairness to which these criteria are committed. I distinguish and describe three theoretical roles such ideals might play. The usefulness of this program is illustrated by taking Base Rate Tracking and its ratio variant as a case study. I identify and compare the ideals of these two criteria, then consider them in each of the aforementioned three roles for ideals. This ideals program may present a way (...) forward in the normative evaluation of candidate statistical criteria of algorithmic fairness. (shrink)

We introduce a fairness criterion that we call Spanning. Spanning i) is implied by Calibration, ii) retains interesting properties of Calibration that some other ways of relaxing that criterion do not, and iii) unlike Calibration and other prominent ways of weakening it, is consistent with Equalized Odds outside of trivial cases.

Discrimination laws usually prohibit discrimination based on some traits, like race, caste, and sex, and not on others, like sports team allegiance. Should socioeconomic class be included among the protected traits? We examine an argument for the view that it should which leads to the conclusion that both direct and indirect socioeconomic discrimination should be prohibited by the state. The argument has three premises: (1) direct paradigmatic discrimination should be prohibited by law; (2) if direct paradigmatic discrimination should be prohibited (...) by law, then so should direct socioeconomic discrimination; and (3) where direct discrimination based on a certain trait should be prohibited by law, so should indirect discrimination on the basis of the same trait. Since we assume most readers will accept (1), the paper is largely devoted to the defense of (2) and (3). The outlawing of direct socioeconomic discrimination would involve an adjustment of the political and legal status quo, but we argue that it should nevertheless be implemented. By contrast, a prohibition on indirect socioeconomic discrimination would require a radical change to the way in which our societies are structured, because many of our laws, policies, and practices systematically (re)produce inequality to the disproportionate detriment of the poor. Our main aim, therefore, is not to defend the prohibition of indirect socioeconomic discrimination, but to show that most people’s views about discrimination are in deep tension with their attitude to current law. Resolving this tension would require for most of us to revise our beliefs either about whether indirect socioeconomic discrimination should be prohibited or about (1)–(3). One might reject the view that law should prohibit socioeconomic discrimination and still accept this claim about a deep tension in most people’s views on discrimination. (shrink)

The aim of this paper is to examine whether it is morally wrong to ban only male citizens from leaving a country in wartime, and if it is, why it is the case. Following Russia’s invasion of Ukraine, President Volodymyr Zelensky declared martial law and ordered general mobilization, at the same time prohibiting male citizens aged 18 to 60 from crossing the border. The justifiability of the ban is in dispute, and opponents have made a case in both legal and (...) moral dimensions. In the moral dimension, there are arguments based on consequentialism, individual freedom, and fairness or non-discrimination. In this paper, I focus on the third argument and argue that the ban unfairly and morally wrongfully discriminates against male Ukraine citizens on the basis of their gender. First, I define discrimination and apply it to our case. Second, moving from the descriptive definition of discrimination to its moral wrongness, I argue that the male-only ban is unfair and morally unjustified. Third, I argue that the ban can also be deemed morally wrong from one of the prominent views in the field of the ethics of discrimination, namely the deliberative freedom view. (shrink)

Anti‐discrimination laws draw a distinction between two kinds of discrimination by non‐state actors. Intimate choices are protected even if they are morally wrong. For example, even if it is morally wrong to discriminate on the basis of race in deciding whom to date, marry or befriend, anti‐discrimination laws permit these acts. By contrast, commercial decisions are commonly regulated. I argue that the reasons for regulating commercial decisions also extend to an intermediate case, commercial facilitators of marriage choices. In the context (...) of the caste system, I argue that commercial facilitators should be banned from allowing customers to filter by caste. The argument is based on two considerations. First, this could mitigate the harmful effects of such discriminatory marriages choices in the (re)production of the oppressive caste system. Second, even if the ban fails in changing behaviour, it serves as an expressive goal of communicating the state's opposition to the caste system. (shrink)

The victims of severe injustice are allowed to employ disruption and violence to seek political change. This article argues for this conclusion from within Rawlsian political liberalism, which, however, has been criticised for allegedly imposing public reason’s suffocating norms of civility on the oppressed. It develops a novel view of the applicability of public reason in non-ideal circumstances – the “no self-sacrifice view” – that focuses on the excessive costs of following public reason when suffering from severe injustice. On this (...) view, those treated in what Rawls describes as less than a reasonably just way are relieved of the duty of public reason and therefore entitled to employ disruption and violence. In contrast, their privileged fellow citizens must still obey public reason’s civility unless they have been authorised by the oppressed to join their fight. This article also starts exploring from within political liberalism the normative principles governing disruptive and violent protest. (shrink)

In this paper, we draw on Alfred Schutz’s theoretical framework to better understand how oppression is enacted through discriminatory acts. By closely examining the role of typifications and relevances in our experience of others, and by supplementing this analysis with contemporary social scientific resources, we argue that a Schutzian perspective on oppression yields important phenomenological insights. We do this in three key steps. Firstly, we contextualise Equality and the Meaning Structure of the Social World within Schutz’s broader body of work, (...) elucidating his central conditions of discrimination. Secondly, we highlight the limitations of Schutz’s account, in how it fails to capture more peripheral, subtle, and implicit oppressive practices. Finally, we introduce two underexplored insights derived from Schutz’s framework: the role of relevances in understanding the motivational underpinnings of implicit biases, and the connection between self-typification and stereotype threat. With this multidimensional approach, we hope to enhance our understanding of oppression whilst bridging gaps in Schutz’s original conceptualization. (shrink)

Of all the risks we face in life, ranging from unemployment to old age, early death is among the most tragic and yet most neglected by modern states. Liberal egalitarians might find it easy to dismiss social insurance against early death, but I argue they should not. Early in this paper, I explain why social insurance should include the risk of premature death by replying to four common criticisms. What follows is a case for a novel form of insurance that (...) is more liberal and egalitarian across ages than the status quo. More specifically, I show that granting storable pensions in all life stages - youth, middle and old age - promotes liberty and reduces lifetime inequality. Writers on age group and longevity justice often overlook the extent to which liberal lifetime equality can supply insightful arguments against inequality across ages. These call for a policy that gives each age group the freedom to draw a storable pension. I call that policy "freetirement". (shrink)

RésuméSophia Moreau, dans son livre important, offre un compte rendu instructif de l'un des aspects de la discrimination répréhensible, soit celui basé sur le fléau de la subordination. Ma contribution au symposium vise à clarifier la structure de la présentation de Moreau sur la subordination et son statut normatif et axiologique. La première interprétation plausible veut que la subordination soit fondamentalement mauvaise ou immorale. La seconde est à l'effet que la subordination est un phénomène social distinctif, qui n'est mauvais ou (...) immoral que de manière dérivée. Je décrirai chaque point de vue et examinerai les implications de chacun pour certaines questions au cœur de l'ouvrage de Moreau. (shrink)

In this introduction, I briefly summarize Sophia Moreau's Faces of Inequality. I situate her monograph within two highly contemporary bodies of literature — relational egalitarianism and discrimination theory — to show how it provides important insights for understanding both what it means to treat others as equals in society and how to define wrongful discrimination. Moreau's work on discrimination is of great relevance for philosophers and socio-legal theorists alike as the commentaries from the symposium contributors demonstrate, including Dale Smith, Pablo (...) Gilabert, Andrea Sangiovanni, Daniel Viehoff, Jessica Eisen, Alysia Blackham, and Iyiola Solanke. (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)

A complete theory of the permissibility of sex must not only determine the permissibility of sex between typical adult humans. In addition, it must also adequately take into consideration sex acts involving non-human animals, children, and humans with intellectual disabilities. However, when trying to develop a non-discriminatory account that includes these beings, two worrying problems of animal sex arise. To surpass them, I argue for a reformulation of the standard theory. To produce a truly inclusive account our theory should be (...) focused on assent, dissent, the significance of sex, and the similarity of the beings engaging in the sex act. (shrink)

An issue about the privacy of the clustered groups designed by algorithms arises when attempts are made to access certain pieces of information about those groups that would likely be used to harm them. Therefore, limitations must be imposed regarding accessing such information about clustered groups. In the discourse on group privacy, it is argued that the right to privacy of such groups should be recognised to respect group privacy, protecting clustered groups against discrimination. According to this viewpoint, this right (...) places a duty on others, for example, private companies, institutions, and governments, to refrain from accessing such information. To defend the idea that the right to privacy should be recognised for clustered groups, at least two requirements must be satisfied. First, clustered group privacy must be conceived of as either a collective good or a participatory good. Since these forms of good are of the type from which no member of a group can be excluded from benefiting, the right to them is defined as a group right. Second, there must be group interests on which to base a group right. Group interests can be either the interests of those members that are a result of their being in the group or the interests of the group as a whole that transcend the interests of its members. However, this paper argues that clustered group privacy cannot be conceived of as either a collective or a participatory good because it is possible for some individuals to be excluded from benefiting from it. Furthermore, due to the lack of awareness among individuals that they are members of a clustered group and the nature of a clustered group itself, such groups cannot have the group interests necessary to establish a group right. Hence, the group right to privacy cannot be recognised for these groups, implying that the group right cannot be considered a means to protect clustered groups against discrimination. Instead, this paper suggests that moral principles need to be articulated within an ethics of vulnerability to identify the moral obligations of protecting vulnerable clustered groups. The duty owed to the vulnerable should involve refraining from accessing certain information about clustered groups in specific contexts. This duty is not engendered by the right to privacy of such groups; it is the duty owed to the vulnerable. The findings highlight the need to articulate moral principles regarding privacy and data protection to protect clustered groups in contexts in which accessing information about them could constitute a reason for discriminatory targeting. (shrink)

Discriminatory attitudes towards Muslim refugees are common in liberal democracies, and Muslim citizens of these countries experience high rates of discrimination and social exclusion. Uniting these two facts is the well-known phenomenon of Islamophobia. But the implications of overlapping discrimination against citizens and non-citizens have not been given sustained attention in the ethics of immigration literature. In this paper, I argue that liberal societies have not only duties to discontinue refugee policies that discriminate against social groups like Muslims, but remedial (...) duties to citizens who are in these social groups to adopt a more welcoming stance towards the groups that they are in. Further, I argue that a fitting way of adopting this more welcoming stance is to give refugees in these groups preferential treatment in asylum and resettlement. (shrink)

This essay meditates on the short film American Reflexxx and the violent laughter directed at a non-trans woman in public space when she was assumed to be trans. Drawing from work on the ideological and institutional dimensions of transphobia by Talia Bettcher and Viviane Namaste, alongside Sara Ahmed's writing on the cultural politics of disgust, I reverse engineer this specific instance of laughter into a meditation on the social meaning of transphobic laughter in public space. I then look at racialized (...) transphobic laughter directed against Tyra Hunter and Miriam Rivera to emphasize transmisogynist laughter as a denial of contact, intimacy, and care. Building on Kate Manne's work on misogyny, I conclude that a key aspect of transmisogyny is the use of transfeminine people as a source of dehumanized, disavowed, and disposable care and intimacy. Laughter and accompanying violence against trans women serves to reinforce this dynamic. (shrink)

In this paper, I argue that instead of primarily paying attention to the nature of implicit attitudes that are taken to cause implicit discrimination, we should investigate how discrimination can be implicit in itself. I propose to characterize implicit discrimination as unintentional discrimination: the person responds to facts unintentionally and often unconsciously which are, given their end, irrelevant and imply unfair treatment. The result is a unified account of implicit bias that allows for the different ways in which it can (...) display itself and can be explained. Furthermore, the view can account for the central characteristics of implicit bias: (1) that it is, for a variety of reasons, difficult to control, (2) that we are not necessarily unconscious of implicit bias but not properly conscious either, and (3) that we can unintentionally discriminate regardless of whether we claim to care about fairness. (shrink)

The inequitable distribution of domestic and caring labour in different-sex couples has been a longstanding feminist concern. Some have hoped that having both partners at home during the COVID-19 pandemic would usher in a new era of equitable work and caring distributions. Contrary to these hopes, old patterns seem to have persisted. Moreover, studies suggest this inequitable distribution often goes unnoticed by the male partner. This raises two questions. Why do women continue to shoulder a disproportionate amount of housework and (...) childcare despite economic and cultural gains? And why is there a widespread one-sided misrepresentation within different-sex couples about how domestic and caring work is distributed between the two partners? We answer these questions by appealing to affordance perception – the perception of possibilities for action in one's environment. We propose an important gender disparity in the perception of affordances for domestic tasks such as the dishwasher affording emptying, the floor affording sweeping and a mess affording tidying. We argue that this contributes not only to the inequitable distribution of domestic labour but to the frequent invisibility of that labour. We explore the consequences of this hypothesis for resistance and social change. (shrink)

With increased frequency, reproductive technologies are placing prospective parents in the position of choosing whether to bring a disabled child into the world. The most well-known objection to the act of “selecting against disability” is known as the Expressivist Argument. The argument claims that such acts express a negative or disrespectful message about disabled people and that one has a moral reason to avoid sending such messages. We have two primary aims in this essay. The first is to critically examine (...) the standard Expressivist Argument, which we analyze in terms of the expression of ableist attitudes. We distinguish three interpretations of the argument and argue that each version faces serious objections. Our second aim is to articulate two closely related arguments that also pertain to expressed ableist attitudes. The Expressive Harms Argument maintains that there is a moral reason to avoid actions that give rise to the perception of ableist attitudes in cases where this is likely to have negative consequences for disabled people. The Ableist Motivation Argument speaks against selecting against disability in cases where one would be motivated by ableist attitudes. While these two arguments face various objections, we seek to establish that they are more promising than the most natural interpretations of the Expressivist Argument. (shrink)

Recent philosophical accounts of discrimination face challenges in accommodating robust intuitions about the particular way in which it is wrongful—most prominently, the intuition that discriminatory actions intrinsically violate equality irrespective of their contingent consequences. The paper suggests that we understand the normative structure of discrimination in a way that is different from the one implicitly assumed by these accounts. It argues that core discriminatory wrongs—such as segregation in Apartheid South Africa—divide into two types, corresponding to violations of relational and distributive (...) equality; and that a pluralistic view of the internal structure of each type should be adopted. This normative structure serves to appropriately vindicate the mentioned intuitions; it also contributes to clarifying the normative underpinnings of legal concepts associated with discrimination (including the distinctions between direct and indirect, or ‘disparate treatment/impact’ discrimination, and intentional vs. unintentional discrimination), and developing a more productive public discourse around allegations of discrimination. (shrink)

Willpower is a metaphor that is widespread in both common usage and expert literature across disciplines. This paper looks into willpower as a ‘metaphor we live by’, analyzing and exploring the consequences of the tacit information content of the willpower metaphor for agentive self-understanding and efficacy. In addition to contributing to stigma associated with self-control failures, the metaphor causally contributes to self-control failures by obscuring available self-control strategies and instructing agents to superfluous self-control efforts.

Cost-effectiveness analysis (CEA) is an analytical tool in health economics. One of the most important objections to it is that its use can lead to unjust discrimination against people with disabilities. This chapter evaluates this objection. It begins by clarifying its nature, then it examines some alleged forms of discrimination. It argues that they are either not cases of unjust discrimination, or they are based on misunderstandings of CEA. However, the chapter does point out that there is one case in (...) which the use of CEA may disadvantage people with disabilities. It goes on to consider several proposals for explaining the wrongness of discrimination but argues that none of them accommodates this case. It concludes that the case should not be thought as a matter of unjust discrimination; rather, it should be thought of as raising an issue for justice in the allocation of health-care resources. (shrink)

Algorithmic discrimination has rapidly become a topic of intense public and academic interest. This article explores three issues raised by algorithmic discrimination: 1) the distinction between direct and indirect discrimination, 2) the notion of disadvantageous treatment, and 3) the moral badness of discriminatory automated decision-making. It argues that some conventional distinctions between direct and indirect discrimination appear not to apply to algorithmic discrimination, that algorithmic discrimination may often be discrimination between groups, as opposed to against groups, and that it is (...) not necessarily the case that morally bad algorithmic discrimination gives us reason to not use automated decision-making. For each of the three issues, the article explores implications for algorithmic discrimination, suggests some alternative answers, and clarifies how we may want to think of discrimination more broadly in light of lessons drawn from the context of algorithmic discrimination. (shrink)

Over the years, phenomenology has provided illuminating descriptions of discrimination, with its mechanisms and effects being thematised at the most basic levels of embodiment, (dis)orientation, selfhood, and belonging. What remains somewhat understudied is the lived experience of the discriminator. In this paper I draw on Husserl's phenomenological account of normality to reflect on the ways in which we discriminate at the prereflective levels of perceptual experience and bodily being. By critically reflecting on the intentional structures undergirding discriminatory practices, I argue (...) that discrimination is characteristic of a naïve normalising attitude which is habitually interested in securing a familiar experience of a static normality. I first demonstrate how this attitude problematically tends to reproduce, enforce, and further sediment discriminatory and exclusionary norms. Further, I provide an internal critique which problematises discrimination—without recourse to external normative standards—on three fronts: as epistemically unproductive, experientially obscuring, and normatively non-instantiating. In discriminatory acts we see an abnormal refusal to enrich, revise, and genetically establish new normative commitments, new ways of seeing, and a new normality. (shrink)

Journal of Social Philosophy, EarlyView.

Some philosophers and segments of the public think age is relevant to healthcare priority-setting. One argument for this is based in equity: “Old” patients have had either more of a relevant good than “young” patients or enough of that good and so have weaker claims to treatment. This article first notes that some discussions of age-based priority that focus in this way on old and young patients exhibit an ambiguity between two claims: that patients classified as old should have a (...) low priority, and that patients classified as young should have high priority. The author next argues, drawing on a problem raised by Christine Overall, that equity cannot justify giving “old” patients low priority, since there is wide variety in the total lifetime experiences of older people, partly influenced by gender, race, class, and disability injustice. Finally, the author suggests that there might be a limited role for age-based prioritization in the context of infant and childhood death, since those who die in childhood are always and uncontroversially among the worst-off. (shrink)

In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account of discrimination that is guided by the main features of anti-discrimination law. The critical comment argues against this methodology, indicating that due to indeterminacy relative to their underlying normative principles, central anti-discrimination norms cannot fulfill this guiding role. Further, using the content of such norms to guide ethical discussions is likely to be misleading, as it reflects evidentiary considerations that are unique to the legal context. (...) The critical comment’s claims are developed based on a close examination of indirect discrimination (or disparate impact) norms, and, as such, have wider implications for ongoing moral and political debates that are heavily influenced by the content of these norms. (shrink)

Discrimination is an important real-life issue that affects many individuals and groups. It is also a fruitful field of study that intersects several disciplines and methods. This Special Section brings together papers on discrimination and prioritization in healthcare from leading scholars in bioethics and closely related fields.

Journal of Social Philosophy, EarlyView.

Journal of Social Philosophy, EarlyView.

In recent years, much public attention has been devoted to the existence of pay discrepancies between men and women at the upper end of the income scale. For example, there has been considerable discussion of the ‘Hollywood gender pay gap’. We can refer to such discrepancies as cases of millionaire inequality. These cases generate conflicting intuitions. On the one hand, the unequal remuneration involved looks like a troubling case of gender injustice. On the other, it’s natural to feel uneasy when (...) confronted with the suggestion that multi-millionaires are somehow being paid inadequately. In this paper, we consider two arguments for rectifying millionaire inequality, clarifying their appeal but also identifying the obstacles that each will have to surmount in order to succeed. (shrink)

Mary Kate McGowan’s Just Words offers an interesting account of exercitives. On McGowan’s view, one of the things we do with words is change what’s permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan’s account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan’s focus on harm is misguided; (...) that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan’s account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers’ views about moral norms, not change social norms. Third, McGowan’s argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable. (shrink)

Hannah Arendt’s account of imperialism has become an unlikely source of inspiration for scholars invested in anti-colonial and postcolonial critique. However, the role of settler colonialism in her thought has come under far less scrutiny. This essay reconstructs Arendt’s account of settler-colonization. It argues that Arendt’s republican analysis of imperialism hinges on her notion of the boomerang effect, which is absent in settler-colonial contexts. Arendt recognized some of the distinctive features of settler expansionism but reproduced many of the ideologies that (...) sustain practices of settler-colonial conquest. This interpretation sheds light on the promises and limits of contemporary retrievals of Arendt’s analysis and critique of imperialism by foregrounding the specificity of settler colonialism as an axis of ongoing colonial violence. (shrink)

Much is known about homelessness from a quantitative perspective in Finland. However, the implications are often misleading and false. In this report, I present how prejudiced conclusions about the homeless are drawn in the City of Turku because there is no interest in grassroots experience. Targets to reduce homelessness still make sense.

Leslie Houts Picca and Joe Feagin argue that whites strive to isolate racial discourse to all-white social spaces. We can explain this practice by assuming that many whites—including “non-racist” whites—think of racism as shameful. Shame essentially concerns not what we do but how we are perceived. Maintaining their identities as “not racist,” then, seems to these whites primarily to involve the management of non-white people's perceptions of them. By isolating much of white racial discourse to all-white spaces, the white construal (...) of racism as shameful denies non-whites’ standing to participate in the construction of the social norms governing whites’ relationships with them. We should instead treat racism as disrespectful, and so requiring public correction because of its role in sustaining racist social norms. (shrink)

In an interview with Mavis Nicholson in 1987, James Baldwin said: “Black people need witnesses in this hostile world, which thinks everything is white.” Baldwin’s statement invokes the witness as o...

Philosophers have rightly condemned lookism—that is, discrimination in favor of attractive people or against unattractive people—in education, the justice system, the workplace and elsewhere. Surprisingly, however, the almost universal preference for attractive romantic and sexual partners has rarely received serious ethical scrutiny. On its face, it’s unclear whether this is a form of discrimination we should reject or tolerate. I consider arguments for both views. On the one hand, a strong case can be made that preferring attractive partners is bad. (...) The idea is that choosing partners based on looks seems essentially similar to other objectionable forms of discrimination. (In particular, the preference for attractive partners is arguably both unfair and harmful to a significant degree.) One can try to resist this conclusion in several ways. I consider three possible replies. The first has to do with the possibility of controlling our partner preferences. The second pertains to attractiveness and “good genes”. The last attempts to link certain aspects of attractiveness to a prospective partner’s personality and values. I argue that the first two replies fail conclusively, while the third only amounts to a limited defense of a particular kind of attractiveness preference. So the idea that we should often avoid preferring attractive partners is compelling. (shrink)

In this essay, we describe practices developed by the philosophy department at the University of Oklahoma to promote fair and inclusive recruitment, application review, and hiring for faculty positions.

Twice in the 2020 term, in Bostock and Comcast, the Supreme Court doubled down on the reasoning of “but-for causation” to interpret antidiscrimination statutes. According to this reasoning, an outcome is discriminatory because of some status—say, sex or race—just in case the outcome would not have occurred “but-for” the plaintiff’s status. We think this reasoning embeds profound conceptual errors that render the decisions deeply confused. Furthermore, those conceptual errors tend to limit the reach of antidiscrimination law. In this essay, we (...) first unpack the ambiguity of this but-for causal reasoning. We then show that this reasoning arises from a misapplication of tort law principles within antidiscrimination law, and that, as a result, it is both conceptually and normatively indeterminate. (shrink)

Comment on Beeghly, Erin. 2021. “Stereotyping as Discrimination: Why Thoughts Can Be Discriminatory.” Social Epistemology 35 (6): 547–63. -/- Beeghly’s “Stereotyping as Discrimination” is—characteristically—clear, thorough, and persuasive, rich with incisive arguments and thought-provoking case studies. In defending the view that stereotyping often constitutes discrimination, she makes a powerful case that, “Living ethically means cultivating a certain kind of ‘inner’ life and avoiding pernicious habits of thought, no matter how culturally pervasive” (Beeghly 2021b, 13). Support for such claims is traced back (...) not just to Aristotle and the Ten Commandments (Beeghly 2021b, 10), but also to critical social traditions. “As feminists and theorists of race have long noted, the most intimate aspects of our selves, including our ways of thinking, agency, and modes of embodiment, are among the mechanisms of group oppression” (Beeghly 2021b, 13). I offer, first, a tiny friendly amendment to one brief passage, followed by invitations to explore some of the further potential implications of Beeghly’s central theses. (shrink)