Discrimination and DisrespectHardly anyone disputes that discrimination can be a grave moral wrong. Yet this consensus masks fundamental disagreements about what makes something discrimination, as well as precisely why (and hence when) acts of discrimination are wrong. Benjamin Eidelson develops systematic answers to those two questions. He argues that discrimination is a form of differential treatment distinguished by its special connection to the differential ascription of some property to different people. This simple conceptual analysis of discrimination dissolves certain recurrent puzzles. It also positions us to reconsider the derivative notion of indirect discrimination (or discrimination consisting in 'disparate impact'). Offering a revisionist account of that idea, the book explains why some such cases are reducible to 'direct' discrimination, and why others, although morally and legally suspect, may not best be thought of as 'discrimination' at all. Eidelson then argues that what makes some cases of discrimination intrinsically wrongful is that they manifest an attitude of disrespect for the personhood of those who are disfavored.0He endeavors to specify what this attitude consists in, and to demonstrate how attending to its character can help us to better understand the moral dimensions of different forms of wrongful discrimination. Focusing on the distinct requirements of respect for the equality and autonomy of persons in turn, Eidelson explains why we condemn some cases of discrimination as strongly as we do and offers principles to guide our thinking where we are less certain. He concludes with an extended discussion of racial profiling in law enforcement. |
Contents
Intrinsically Wrongful Discrimination | |
Contingently Wrongful
Discrimination | |
Conclusion | |
Acknowledgments | |
Endnotes | |
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Common terms and phrases
action in Egalitarian action in Inegalitarian acts disrespectfully agent’s applicants appropriately in one’s argue autonomy account basis of race Cavanagh chapter character condition component effects concept constitute context conventional criminality Darwall defendant’s dimension direct and indirect discrim disrespect for persons disrespect-based account Egalitarian Belief employer engages in profiling example exclude expressing disrespect fail to treat Hellman higher scoring candidates ination Inegalitarian Belief infanticide instance of discrimination interest thesis involves judgment kind of discrimination Lippert-Rasmussen 2006a long-standing employees manifest Middle Eastern appearance Miscegenation moral requirement moral significance morality of discriminating Moreau Muslims mutual information normative objectionable P-ist parental leave particular person’s autonomy person’s equal predictions question racial differences racial discrimination racial profiling reasonably available recognition respect recognize reference classes reject relevant responsible for possessing Ricci second-order discrimination serial killer Shin show disrespect Social Salience Requirement standing statistical suggests Suppose take account targeted theory treating someone understood Wasserman 1998 wrongful discrimination