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  1. Secular and Religious: An American Quest for Coexistence.Edmund Byrne - 2011 - Bloomington: AuthorHouse.
    Drawing on group rights theory, author argues that a group organized around a religious motif should neither be summarily excluded from nor unduly favored in secular deliberations as to public policy and practice. To arrive at this conclusion he examines the implications of each of the following claims: (1) individuals need to operate in and through groups to influence government; (2) a political system faces moral difficulties if it is open to group-generated input; (3) worthy causes can be better advanced (...)
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  2. Discrimination by Generality.J. Carl Ficarrotta - 1996 - Public Affairs Quarterly 10 (3):203-217.
    In assigning the benefits and burdens of society, we sometimes discriminate using a broad category (age, gender, race, etc.) we think correlates well with the possession of some other skill, qualification, or character trait. In this essay, I explore one rationale for this type of discrimination. I suggest a method for determining when this rationale provides a moral justification for the discrimination, and when it does not. I defend the method against some potential criticisms, and point out some exceptions to (...)
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  3. Equality and Differences.John Finnis - 2012 - Solidarity: The Journal of Catholic Social Thought and Secular Ethics 2 (1):Article 1.
    Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...)
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  4. The Duty to Hire the Most Qualified Applicant.Stephen Kershnar - 2003 - Journal of Social Philosophy 34 (2):267–284.
  5. Fixing The Cracking In The Global Liberal Order: Thoughts On Making The Case For Progressive Immigration After Brexit And Trump.Lister Matthew - 2017 - The Critique (2017).
    In the face of the Brexit vote and the election of Trump, there is serious worry about whether the liberal, democratic, and cosmopolitan values thought to underlie progressive immigration policies are in fact widely shared. In this article, I examine these worries and provide suggestions about how those who do favor just progressive immigration policies might best respond to the problems we currently face.
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  6. Discrimination and Immigration.José Jorge Mendoza - 2018 - In Kasper Lippert-Rasmussen (ed.), The Routledge Handbook of the Ethics of Discrimination. Routledge.
    In this chapter, I outline what philosophers working on the ethics of immigration have had to say with regard to invidious discrimination. In doing so, I look at both instances of direct discrimination, by which I mean discrimination that is explicitly stated in official immigration policy, and indirect discrimination, by which I mean cases where the implementation or enforcement of facially “neutral” policies nonetheless generate invidious forms of discrimination. The end goal of this chapter is not necessarily to take a (...)
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  7. Stealing Bread and Sleeping Beneath Bridges - Indirect Discrimination as Disadvantageous Equal Treatment.Frej Klem Thomsen - 2015 - Moral Philosophy and Politics 2 (2):299-327.
    The article analyses the concept of indirect discrimination, arguing first that existing conceptualisations are unsatisfactory and second that it is best understood as equal treatment that is disadvantageous to the discriminatees because of their group-membership. I explore four ways of further refining the definition, arguing that only an added condition of moral wrongness is at once plausible and helpful, but that it entails a number of new problems that may outweigh its benefits. Finally, I suggest that the moral wrongness of (...)
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  8. But Some Groups Are More Equal Than Others: A Critical Review of the Group-Criterion in the Concept of Discrimination.Frej Klem Thomsen - 2013 - Social Theory and Practice 39 (1):120-146.
    In this article I critically examine a standard feature in conceptions of discrimination: the group-criterion, specifically the idea that there is a limited and definablegroup of traits that can form the basis of discrimination. I review two types of argument for the criterion. One focuses on inherently relevant groups and relies ultimately on luck-egalitarian principles; the other focuses on contextually relevant groups and relies ultimately on the badness of outcomes. I conclude that as neither type of argument is convincing, the (...)
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  9. Disparate Statistics.Kevin P. Tobia - 2017 - Yale Law Journal 126 (8):2382-2420.
    Statistical evidence is crucial throughout disparate impact’s three-stage analysis: during (1) the plaintiff’s prima facie demonstration of a policy’s disparate impact; (2) the defendant’s job-related business necessity defense of the discriminatory policy; and (3) the plaintiff’s demonstration of an alternative policy without the same discriminatory impact. The circuit courts are split on a vital question about the “practical significance” of statistics at Stage 1: Are “small” impacts legally insignificant? For example, is an employment policy that causes a one percent disparate (...)
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