This category needs an editor. We encourage you to help if you are qualified.
Volunteer, or read more about what this involves.
Related categories

27 found
Order:
  1. added 2020-04-08
    What Makes Disability Discrimination Wrong?Jeffrey M. Brown - forthcoming - Law and Philosophy:1-31.
    This paper concerns the question of what makes disability discrimination morally objectionable. When I refer to disability discrimination, I am focusing solely on a failure or denial of reasonable accommodations to a disabled person. I argue a failure to provide reasonable accommodations is wrong when and because it violates principles of relational equality. To do so, I examine four accounts of wrongful discrimination found in the literature and apply these theories to disability discrimination. I argue that all of these accounts (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  2. added 2020-03-24
    Discounting Women’s Applications When Hiring.Stephen Kershnar - 2020 - Philosophia 48 (1):227-260.
    In this paper, I argue that philosophy departments at state universities may discount women’s applications. My argument rests on two premises: if the balance of merit-based reasons supports discounting one group relative to a second, then a state institution may discount the first group’s application and the balance of merit-based reasons supports philosophy departments at state universities discounting women’s applications relative to men’s applications.The latter premise was supported by three assumptions. First, if discounting the applications of one group relative to (...)
    Remove from this list   Direct download (5 more)  
    Translate
     
     
    Export citation  
     
    Bookmark  
  3. added 2020-03-24
    For Ownership Theory: A Response to Nicholas Dixon.Stephen Kershnar - 2018 - Sport, Ethics and Philosophy 12 (2):226-235.
    In an earlier paper, Stephen Kershnar argued for the following thesis: An instance of trash-talking is permissible if and only if the relevant sports organization’s system of rules permits the expression. One person trash-talks a second if and only if the first intentionally insults the second during competition. The above theory sounds implausible. Surely, the conditions under which a player may insult another do not depend on what the owners arbitrarily decide. Such an approach doesn’t appear to be true in (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  4. added 2020-03-24
    Hellman, Deborah. When Is Discrimination Wrong?Cambridge, MA: Harvard University Press, 2008. Pp. 216. $39.95 ; $17.95. [REVIEW]Stephen Kershnar - 2013 - Ethics 123 (2):374-377.
    In summary, Hellman’s book is well worth reading. It is powerful, well-written, and interesting and explains much of the prominent case law on discrimination. Her theory, however, is false because her explanation of wrongful discrimination fails to track a wrong-making feature. Her theory does not focus on a right-infringement in or unfair treatment of the person whom is discriminated against. It also does not focus on an incorrect attitude in the person who discriminates. These intuitively seem to exhaust the reasons (...)
    Remove from this list   Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
  5. added 2020-03-24
    Justice for the Past.Stephen Kershnar - 2004 - State University of New York Press.
    Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to hose persons who, through their abilities, will benefit most from them. Second, he argues that, (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  6. added 2020-03-24
    Strong Affirmative Action Programs at State Educational Institutions Cannot Be Justified Via Compensatory Justice.Stephen Kershnar - 1997 - Public Affairs Quarterly 11 (4):345-363.
    In the context of state educational institutions, young white males are owed a duty to respect their interest or desert tokens. Not all white males have waived this duty since many white males have not performed the relevant types of culpable wrongdoing. Merely having benefitted from an unjust injury act or being a member of a community that owe a debt of compensation to racial minorities and women are not sufficient grounds to override the duty owed to the white male. (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  7. added 2020-03-18
    Markets, Rights, and Discrimination by Customers.Heather Whitney - 2016 - Iowa Law Review 1 (102).
    This essay is designed to do two things: -/- First, review and critique Katharine Bartlett and Mitu Gulati's Discrimination by Customers, 102 Iowa L. Rev. 223 (2016). -/- Second, stand alone as a piece that more generally evaluates (1) efficacy and (2) autonomy- and constitutional-based objections to the regulation (both in direct and indirect form) of customer discrimination.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  8. added 2020-03-10
    Freedom, Sex Roles, and Anti-Discrimination Law.Adam Hosein - 2015 - Law and Philosophy 34 (5):485-517.
    In this paper I consider the role of freedom in the justification of prohibitions on discrimination. As a case study, I focus mainly on U.S. constitutional and employment law and, in particular, restrictions on sex-stereotyping. I present a new argument that freedom can play at least some important role in justifying these restrictions. Not just any freedom, I claim: the Millian freedom to challenge existing stereotypes and contribute to social change. This ‘social change account’, I argue, can be a useful (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  9. added 2020-03-02
    Religious Exemptions, Claims of Conscience, and Idola Fori.Andrei Bespalov - forthcoming - Jurisprudence:1-18.
    According to the standard liberal egalitarian approach, religious exemptions from generally applicable laws can be justified on the grounds of equal respect for each citizen’s conscience. I contend that claims of conscience cannot justify demands for exemptions, since they do not meet even the most inclusive standards of public justification. Arguments of the form “My conscience says so” do not explicate the rationale behind the practices that the claimants seek to protect. Therefore, such arguments do not constitute even pro tanto (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  10. added 2019-12-03
    Medical Privacy and Big Data: A Further Reason in Favour of Public Universal Healthcare Coverage.Carissa Véliz - 2019 - In T. C. de Campos, J. Herring & A. M. Phillips (eds.), Philosophical Foundations of Medical Law. Oxford, U.K.: Oxford University Press. pp. 306-318.
    Most people are completely oblivious to the danger that their medical data undergoes as soon as it goes out into the burgeoning world of big data. Medical data is financially valuable, and your sensitive data may be shared or sold by doctors, hospitals, clinical laboratories, and pharmacies—without your knowledge or consent. Medical data can also be found in your browsing history, the smartphone applications you use, data from wearables, your shopping list, and more. At best, data about your health might (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  11. added 2019-10-27
    Don’T Demean “Invasives”: Conservation and Wrongful Species Discrimination.C. E. Abbate & Bob Fischer - 2019 - Animals 871 (9).
    It is common for conservationists to refer to non-native species that have undesirable impacts on humans as “invasive”. We argue that the classification of any species as “invasive” constitutes wrongful discrimination. Moreover, we argue that its being wrong to categorize a species as invasive is perfectly compatible with it being morally permissible to kill animals—assuming that conservationists “kill equally”. It simply is not compatible with the double standard that conservationists tend to employ in their decisions about who lives and who (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  12. added 2019-09-25
    For Discrimination Against Women.Stephen Kershnar - 2007 - Law and Philosophy 26 (6):589 - 625.
    In this paper, I argue that it is morally permissible and should be legally permissible for state and private professional schools to discriminate against women. By professional schools, I mean law, medical, and business schools. More specifically, I argue that such schools may discount womens applications to the degree that they are likely to produce less than male counterparts. The argument differs with regard to state and private institutions because of the greater moral elbowroom that private institutions have. The argument (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  13. added 2019-08-08
    Discrimination as an Individual Wrong.Michael P. Foran - 2019 - Oxford Journal of Legal Studies 39 (4):901-929.
    This article argues that anti-discrimination rights are individual rights to be free from wrongful treatment and do not directly advance group-based interests or prohibit group-based harm. In light of this, a number of recurring accounts of the wrong of discrimination, particularly the wrong of indirect discrimination, are unsustainable. Claims that indirect discrimination is concerned with harm that is done to social groups or that laws prohibiting indirect discrimination seek to reduce or eliminate advantage gaps between social groups must be rejected (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  14. added 2019-06-04
    Discriminatory Attitude Toward Vulnerable Groups in Singapore: Prevalence, Predictors, and Pattern.Nur Amali Aminnuddin - 2019 - Journal of Behavioral Science 14 (2):15-30.
    Presently, there is a lack of psychological and quantitative studies in Singapore about discriminatory attitudes. This paper aimed to contribute to this aspect. However, to examine actual behavior can be difficult due to the sensitive nature of the needed data. Hence, this study approached discrimination at an attitudinal level. Six vulnerable groups were examined in this study. They consisted of people of a different race, immigrants or foreign workers, homosexuals, people living with HIV/AIDS, people of a different religion, and unmarried (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  15. added 2019-04-24
    Foundations of Indirect Discrimination Law (Review). [REVIEW]Michael P. Foran - 2019 - Cambridge Law Journal 78:231.
    This is a review of Foundations of Indirect Discrimination Law. Edited by Hugh Collins and Tarunabh Khaitan. [Oxford: Hart Publishing, 2018. x + 292 pp. Hardback £65.00. ISBN 978-15-09912-54-4.] Foundations of Indirect Discrimination Law. Edited by Hugh Collins and Tarunabh Khaitan. [Oxford: Hart Publishing, 2018. x + 292 pp. Hardback £65.00. ISBN 978-15-09912-54-4.].
    No categories
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  16. added 2019-04-12
    Racial Profiling And Cumulative Injustice.Andreas Mogensen - 2019 - Philosophy and Phenomenological Research 98 (2):452-477.
    This paper tries to explain why racial profiling involves a serious injustice and to do so in a way that avoids the problems of existing philosophical accounts. An initially plausible view maintains that racial profiling is pro tanto wrong in and of itself by violating a constraint on fair treatment that is generally violated by acts of statistical discrimination based on ascribed characteristics. However, consideration of other cases involving statistical discrimination suggests that violating a constraint of this kind may not (...)
    No categories
    Remove from this list   Direct download (7 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  17. added 2018-08-16
    Temporary Marriage.Daniel Nolan - 2015 - In Elizabeth Brake (ed.), After Marriage: Rethinking Marital Relationships. New York: Oxford University Press. pp. 180-203.
    Parties to a temporary marriage agree in advance that their marriage will only last for a fixed period of time unless renewed: that it will automatically expire after two years, for instance, or five, or twenty. This paper defends the claim that temporary marriages deserve state recognition. The main argument for this is an application of a principle of marriage equality. Some other arguments for are also canvassed, including an argument from religious freedom, and a number of arguments against recognition (...)
    Remove from this list   Direct download  
    Translate
     
     
    Export citation  
     
    Bookmark  
  18. added 2018-08-15
    Racial Profiling and a Reasonable Sense of Inferior Political Status.Adam Omar Hosein - 2018 - Journal of Political Philosophy 26 (3):1-20.
    This paper presents a novel framework for evaluating racial profiling, including 'rational profiling' that does in fact decrease crime rates. It argues that while profiling some groups, such as African Americans and Muslims, is impermissible, profiling others, such as white men, may be permissible. The historical and sociological context matters significantly. Along the way, the paper develops a new theory of what expressive harms are, why they matter, and when it is the responsibility of the state to correct them.
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  19. added 2018-04-08
    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 (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  20. added 2018-01-27
    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 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  21. added 2017-08-04
    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 (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark   1 citation  
  22. added 2017-02-15
    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.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  23. added 2016-10-06
    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 (...)
    Remove from this list   Direct download (2 more)  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  24. added 2015-10-02
    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 (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  25. added 2015-10-02
    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 (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  26. added 2015-09-14
    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 (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  27. added 2014-04-09
    The Duty to Hire the Most Qualified Applicant.Stephen Kershnar - 2003 - Journal of Social Philosophy 34 (2):267–284.
    The most qualified applicant is the one who has the propensity to maximally satisfy the employer’s preferences. An applicant’s propensity is a function of her willingness to work hard together with the relevant capacity or potentiality to do the tasks constituting a job. Given this account of the most qualified applicant, there is only a weak duty, if any, to hire persons based on their being the most qualified. Such a duty is not justified by reference to rights, desert, fairness, (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation