Home Legal Theory Systems • Download PDF by Kasper Lippert-Rasmussen: Born Free and Equal?: A Philosophical Inquiry into the

Download PDF by Kasper Lippert-Rasmussen: Born Free and Equal?: A Philosophical Inquiry into the

By Kasper Lippert-Rasmussen

What's discrimination? there are specific situations of differential remedy that nearly somebody could describe as discriminatory; but upon deeper exam, this near-unanimity supplies technique to confrontation and distinction. for example, is it discrimination whilst hospitals lease non-smokers in basic terms? not just do humans range on which instances of differential remedy they see as discriminatory, in addition they disagree approximately whilst discrimination is morally improper; what makes it morally mistaken; and, certainly, approximately even if all types of discrimination are morally flawed! eventually, many disagree over what could be performed approximately wrongful discrimination-especially approximately what the kingdom may permissibly do to cast off wrongful discrimination, e.g. in people's love lives.

This publication addresses those concerns. It argues that there are diversified options of discrimination and that diversified reasons touching on varied contexts ensure which one is the main valuable. It provides detailed cognizance to an idea of discrimination that ties discrimination to differential therapy of individuals at the foundation in their club in socially salient teams. moment, it argues that after discrimination is inaccurate, it's so at first due to its destructive results. 3rd, it takes factor with a few of the regular units used to counteract discrimination and submits that fighting discrimination calls for greater than kingdom activities. eventually, it argues that states may perhaps occasionally permissibly discriminate.

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Additional info for Born Free and Equal?: A Philosophical Inquiry into the Nature of Discrimination

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Roughly, a caste in Edmonds’s sense is a socially salient group in my sense, where membership in this group is important to its members’ self-conception. 53 Anti-Semitism, for instance, tends to make being Jewish play a more prominent role in the self-conception of those people who are subjected to it. G. A. Cohen (2002), If You’re an Egalitarian, How Come You’re So Rich? (Cambridge, MA: Harvard University Press), p. 34, comments on Jean-Paul Sartre’s extravagant claim that “it is the anti-Semite who creates the Jew,” that although it is an exaggeration, it contains some truth.

57 Generally speaking, we are more likely to view differential treatment as discrimination to the extent that the following three conditions are met: (1) membership is evidenced by a dichotomous distribution of individuals in the relevant and contrasting groups; (2) all individuals are a member of only one group; and (3) it is evident whether or not someone is member of a certain group. 58 For very many sets of three persons, it is very hard to tell whether X or Y is the person with an outlook that is most similar to Z’s.

42 This suggests we need to add: (v) Φ is a relevant type of act, policy, or practice, and there are many acts etc. , and many acts etc. 45 Moreover, (v) allows us to say that racially biased, differential treatment in our love lives constitutes discrimination, if, as seems likely, it involves humiliating messages of inferiority. Finally, (v) explains the case of the single discriminatory act against a Protestant applicant, since it is true not only that such acts, if sufficiently common, would be harmful to Protestants, but also that the act in our example is motivated by animosity, a belief that Protestants are inferior, or a belief that Catholics and Protestants should not intermingle.

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