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Frej Thomsen
The Danish Institute for Human Rights
  1. 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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  2. Prostitution, Disability and Prohibition.Frej Klem Thomsen - 2015 - Journal of Medical Ethics 41 (6):451-459.
    Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three (...)
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  3.  49
    Vaccineskepsis, forældreautonomi og ytringsfrihed.Frej Klem Thomsen - 2018 - Politica 50 (2):177-200.
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  4.  69
    Concept, Principle, and Norm—Equality Before the Law Reconsidered.Frej Klem Thomsen - 2018 - Legal Theory 24 (2):103-134.
    Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of (...)
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  5. Why Should We Care What the Public Thinks? A Critical Assessment of the Claims of Popular Punishment.Frej Klem Thomsen - 2014 - In Jesper Ryberg & Julian Roberts (eds.), Popular Punishment. Oxford University Press. pp. 119-145.
    The article analyses the necessary conditions an argument for popular punishment would need to meet, and argues that it faces the challenge of a dilemma of reasonableness: either popular views on punishment are unreasonable, in which case they should carry no weight, or they are reasonable, in which case the reasons that support them, not the views, should carry weight. It proceeds to present and critically discuss three potential solutions to the dilemma, arguing that only an argument for the beneficial (...)
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  6. 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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  7. The Art of the Unseen: Three Challenges for Racial Profiling.Frej Klem Thomsen - 2011 - The Journal of Ethics 15 (1-2):89 - 117.
    This article analyses the moral status of racial profiling from a consequentialist perspective and argues that, contrary to what proponents of racial profiling might assume, there is a prima facie case against racial profiling on consequentialist grounds. To do so it establishes general definitions of police practices and profiling, sketches out the costs and benefits involved in racial profiling in particular and presents three challenges. The foundation challenge suggests that the shifting of burdens onto marginalized minorities may, even when profiling (...)
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  8.  73
    Childhood Immunisation, Vaccine Hesitancy, and Pro-Vaccination Policy in High-Income Countries.Frej Klem Thomsen - 2017 - Psychology, Public Policy and Law.
    Increasing vaccine hesitancy among parents in high income countries and the resulting drop in early childhood immunisation constitute an important public health problem, and raise the issue of what policies might be taken to promote higher rates of vaccination. This article first outlines the background of the problem of increasing vaccine hesitancy. It then explores the pros and cons of three types of policy: 1) Interventions focused on increasing awareness of the benefits of vaccination while eliminating mistaken perceptions of risks. (...)
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  9. There but for the Grace of My Orbitofrontal Cortex …. [REVIEW]Frej Klem Thomsen - 2014 - Criminal Justice Ethics 33 (3):220-235.
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  10.  45
    Discrimination.Frej Klem Thomsen - 2017 - Oxford Research Encyclopedia of Politics.
    The conceptualization and moral analysis of discrimination constitutes a burgeoning theoretical field, with a number of open problems and a rapidly developing literature. A central problem is how to define discrimination, both in its most basic direct sense and in the most prominent variations. A plausible definition of the basic sense of the word understands discrimination as disadvantageous differential treatment of two groups that is in some respect caused by the properties that distinguish the groups, but open questions remain on (...)
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  11.  28
    Good Night and Good Luck - In Search of a Neuroscience Challenge to Criminal Justice.Frej Klem Thomsen - 2018 - Utilitas 30 (1):1-31.
    This article clarifies what a neuroscience challenge to criminal justice must look like by sketching the basic structure of the argument, gradually filling out the details and illustrating the conditions that must be met for the challenge to work. In the process of doing so it explores influential work by Joshua Greene and Jonathan Cohen, and Stephen Morse respectively, arguing that the former should not be understood to present a version of the challenge, and that the latter's argument against the (...)
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  12. Neuroscience, Ethics, and Criminal Punishment: An Introduction.David Birks & Frej Klem Thomsen - 2019 - Routledge.
     
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