Hardly 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 acts of discrimination are wrong. Benjamin Eidelson develops systematic answers to those two questions. He claims that discrimination is a form of differential treatment distinguished by its special connection to the differential ascription of some property to different people, and goes on to argue 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. He 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. The book concludes with an extended discussion of racial profiling in law enforcement. (shrink)

Veksler and Gunzelmann argue that the vigilance decrement and the deleterious effects of sleep loss reflect functionally equivalent degradations in cognitive processing and performance. Our account is implemented in a cognitive architecture, where these factors produce breakdowns in goal-directed cognitive processing that we refer to as microlapses. Altmann raises a number of challenges to microlapses as a unified account of these deficits. Under scrutiny, however, the challenges do little to discredit the theory or conclusions in the original paper. In (...) our response, we address the most serious challenges. In so doing, we provide additional support for the theory and mechanisms, and we highlight opportunities for extending their explanatory breadth. (shrink)

This article argues that, as commonly understood, indirect discrimination is not necessarily unjust: 1) indirect discrimination involves the disadvantaging in relation to a particular benefit and such disadvantages are not unjust if the overall distribution of benefits and burdens is just; 2) indirect discrimination focuses on groups and group averages and ignores the distribution of harms and benefits within groups subjected to discrimination, but distributive justice is concerned with individuals; and 3) if indirect discrimination as (...) such is unjust, strict egalitarianism has to be the correct account of distributive justice, but such egalitarianism appears vulnerable to the leveling down objection (whether decisively or not), and many theorists explicitly reject strict egalitarianism anyway. The last point threatens the position of liberals who oppose indirect discrimination but think significant inequalities can be just. (shrink)

It is no surprise that empirical psychology refutes, again and again, assumptions of uneducated common sense. But some puzzlement tends to arise when scientific results appear to call into question the very conceptual framework of the mental to which we have become accustomed. This paper shall examine a case in point: Experiments on colour-discrimination have recently been taken to refute an assumption of first-person authority that appears to be constitutive of our ordinary notion of perceptual experience. The paper is (...) to show that those experiments do not refute this assumption, and will suggest that the impression to the contrary is, ultimately, due to two factors: to misleading imagery and, above all, to mistaken translation from the technical idiom of empirical psychology into the plain English we use every day. This is to take the mystery out of what we shall see to constitute a pretty puzzle; it is to remind us just how careful we need to be when drawing conclusions from results of scientific psychology; and it is to bring out the virtues of methods commonly lumped together under the entirely misleading label of 'ordinary language philosophy', of methods far more useful than their common caricature would make one think. (shrink)

Discrimination, understood as differential treatment of individuals on the basis of their respective group memberships, is widely considered to be morally wrong. This moral judgment is backed in many jurisdictions with the passage of equality of opportunity legislation, which aims to ensure that racial, ethnic, religious, sexual, sexual-orientation, disability and other groups are not subjected to discrimination. This chapter explores the conceptual underpinnings of discrimination and equality of opportunity using the tools of analytical moral and political philosophy.

Anti‐discrimination laws draw a distinction between two kinds of discrimination by non‐state actors. Intimate choices are protected even if they are morally wrong. For example, even if it is morally wrong to discriminate on the basis of race in deciding whom to date, marry or befriend, anti‐discrimination laws permit these acts. By contrast, commercial decisions are commonly regulated. I argue that the reasons for regulating commercial decisions also extend to an intermediate case, commercial facilitators of marriage choices. (...) In the context of the caste system, I argue that commercial facilitators should be banned from allowing customers to filter by caste. The argument is based on two considerations. First, this could mitigate the harmful effects of such discriminatory marriages choices in the (re)production of the oppressive caste system. Second, even if the ban fails in changing behaviour, it serves as an expressive goal of communicating the state's opposition to the caste system. (shrink)

In Born Free and Equal: A Philosophical Inquiry into the Nature of Discrimination, Kasper Lippert-Rasmussen defends the harm-based account of the wrongness of discrimination, which explains the wrongness of discrimination with reference to the harmfulness of discriminatory acts. Against this view, we offer two objections. The conditions objection states that the harm-based account implausibly fails to recognize that harmless discrimination can be wrong. The explanation objection states that the harm-based account fails adequately to identify all of (...) the wrong-making properties of discriminatory acts. We argue that the structure of a satisfactory view cannot be outcome-focused. A more promising family of views focuses on the deliberation of the discriminator and in particular on the reasons that motivate or fail to motivate her action. (shrink)

In this paper, I will argue that it is a moral obligation for companies, firstly, to accept their moral responsibility with respect to non-discrimination, and secondly, to address the issue with a full-fledged programme, including but not limited to the countering of microsocial discrimination processes through specific policies. On the basis of a broad sketch of how some discrimination mechanisms are actually influencing decisions, that is, causing intended as well as unintended bias in Human Resources Management (HRM), (...) I will argue that the well known tools of legislation and ethical codes are necessary although insufficient to cope with the problem. However, based on empirical evidence, we know which set of measures is likely to diminish discrimination. Taking non-discrimination seriously implies complex and longitudinal policies which include assigning responsibility for a non-discrimination policy within the firm, making managers conscious of implicit stereotypes and helping them to cope with prejudices that no one can totally overcome. Insofar as corporate responsibility with respect to non-discrimination is accepted and strategies that are not prohibitively expensive are known, companies are bound to implement them. Not implementing the best set of measures may be considered at least as a moral shortcoming or, depending on the size of the company, mere lip service to the non-discrimination principle. Although the paper refers to empirical material of diverse backgrounds, its intent is clearly normative. It wishes to spell out what companies ought to do if they are committed to responsible behaviour. The discussion of effective remedies against discrimination is based on a case study of a French company. The retailer Auchan was recently surprised to learn that it was discriminating against ethnic minorities despite strong ethical standards, an ethics committee and ethical leadership. The company dropped its naïve beliefs and set up an ambitious policy cope with the issue. The case illustrates what recent empirical research has revealed about the effectiveness of diversity policies: establishing responsibility for diversity results, firm ethical commitment and support from top management make diversity programs effective. (shrink)

Restorativeness is defined as the potential of the environment to re-establish certain cognitive capacities related to human information processing. The most frequently used instrument for evaluating the restorativeness of places is the Perceived Restorativeness Scale, proposed by Hartig and colleagues (1991). Later on, shorter versions of the Perceived Restorativeness Scale were proposed. The aim of this work is to evaluate the discriminatory capacity of the original and of a shorter Spanish version of the PRS, considering urban settings previously selected for (...) having different level of restorativeness, according to expert’s criteria. The study involved 244 students and used a 3 x 2 mixed experimental design, with two independent variables: Restorativeness of a place (between-subjects), which was manipulated by showing pictures of settings selected with varying levels of restorativeness (high, medium, low), and length of the scale (within-subjects), which was manipulated by asking subjects to fill in both the original and a shorter version of the PRS. The order of presentation of the two scales was counterbalanced. Results show an appropriate reliability for both version of the scale. Items of being-away, fascination, and coherence of the shorter scale correlate more strongly with the corresponding factor of the original scale, compared to the others factors. Both scales produce similar values for the perceived restorativeness of the different places, except for places with low restorativeness. (shrink)

Luck egalitarianism is a responsibility-sensitive theory of distributive justice. Its application to health and healthcare is controversial. This article addresses a novel critique of luck egalitarianism, namely, that it wrongfully discriminates against those responsible for their health disadvantage when allocating scarce healthcare resources. The philosophical literature about discrimination offers two primary reasons for what makes discrimination wrong (when it is): harm and disrespect. These two approaches are employed to analyze whether luck egalitarian healthcare prioritization should be considered wrongful (...) discrimination. Regarding harm, it is very plausible to consider the policies harmful but much less reasonable to consider those responsible for their health disadvantages a socially salient group. Drawing on the disrespect literature, where social salience is typically not required for something to be discrimination, the policies are a form of discrimination. They are, however, not disrespectful. The upshot of this first assessment of the discrimination objection to luck egalitarianism in health is, thus, that it fails. (shrink)

It is generally accepted that morally justified healthcare rationing must be non-discriminatory and cost-effective. However, given conventional concepts of cost-effectiveness, resources spent on disabled people are spent less cost-effectively, ceteris paribus, than resources spent on non-disabled people. Thus, it is reasonable to assume that standard cost-effectiveness discriminates against the disabled. Call this thedisability discrimination problem.Part of the disability discrimination involved in cost-effectiveness stems from the way in which health-related quality of life is accounted for and measured. This paper (...) offers and defends a patient-sensitive account of health-related quality of life, which can effectively make cost-effectiveness less discriminatory against the disabled and thus more morally justified. (shrink)

This paper presents a partial analysis of perceptual knowledge, an analysis that will, I hope, lay a foundation for a general theory of knowing. Like an earlier theory I proposed, the envisaged theory would seek to explicate the concept of knowledge by reference to the causal processes that produce (or sustain) belief. Unlike the earlier theory, however, it would abandon the requirement that a knower's belief that p be causally connected with the fact, or state of affairs, that p.

Several leading theorists embrace the Simple Desert Account of Discrimination. This account involves two claims: it claims that a mismatch between what people deserve, on the one hand, and what they get, on the other hand, is (a) integral to discrimination, and (b) wrong. I shall query (a). First, I challenge what I see as the principal, positive argument for the Simple Desert Account. Second, in some cases wrongful discrimination brings about a better match between desert and (...) what people get. Situations in which this could be the case include those where: the discriminatee is a serial discriminator herself; the person wrongfully discriminated in favour of deserves greater advantages than she enjoys; by engaging in wrongful discrimination the discriminator reduces her moral deservingness and thereby the gap between her level of deservingness and her otherwise unfittingly low level of advantage. (shrink)

_Identity and Discrimination_, originally published in 1990 and the first book by respected philosopher Timothy Williamson, is now reissued and updated with the inclusion of significant new material. Williamson here proposes an original and rigorous theory linking identity, a relation central to metaphysics, and indiscriminability, a relation central to epistemology.__ Updated and reissued edition of Williamson’s first publication, with the inclusion of significant new material Argues for an original cognitive account of the relation between identity and discrimination that has (...) been influential in the philosophy of perception Pioneers the use of epistemic logic to solve puzzles about indiscriminability Develops the application of techniques from mathematical logic to understand issues about identity over time and across possible worlds. (shrink)

Discrimination is a central epistemic capacity but typically, theories of discrimination only use discrimination as a vehicle for analyzing knowledge. This paper aims at developing a self-contained theory of discrimination. Internalist theories of discrimination fail since there is no compelling correlation between discriminatory capacities and experiences. Moreover, statistical reliabilist theories are also flawed. Only a modal theory of discrimination is promising. Versions of sensitivity and adherence that take particular alternatives into account provide necessary and (...) sufficient conditions on discrimination. Safety in contrast is not sufficient for discrimination as there are cases of safety that are clearly instances of discrimination failure. The developed account of discrimination between objects will be extended to discrimination between kinds and between types. (shrink)

The Cameron government has recently negotiated a deal with the EU which permits the UK to restrict access to in-work benefits for recent EU migrants in the first four years of residence. Withdrawing access to in-work benefits will lead to significant inequalities in pay between British workers and their EU equivalents working at the same job, in the same general situation. The proposal has been widely decried as discriminatory. Is it? I do not, in this article, ask the legal question: (...) Does it violate anti-discrimination norms implicit in the treaties? Rather, I will ask the moral question underlying the legal one: Would, say, Polish citizens denied in-work benefits that British citizens receive be victims of wrongful discrimination? This question deserves consideration not simply because it will help us to evaluate some of the central concerns at stake in the Brexit debates but also because it will allow us to explore the role of norms against discrimination according to nationality within the EU, to address the nature of the European commitment to freedom of movement, and, in the reverse direction, to better understand our own moral commitment to anti-discrimination norms. (shrink)

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 whether discrimination should be restricted to concern only particular groups, as well as on whether it is best conceived as a descriptive or a moralized concept. Furthermore, since this understanding limits direct discrimination to cases of differential treatment, it requires that we be able to draw a clear distinction between equal and differential treatment, a task that is less simple than it may appear, but that is helpful in clarifying indirect discrimination and statistical discrimination. The second major problem in theorizing discrimination is explaining what makes discrimination morally wrong. On this issue, there are four dominant contemporary answers: the valuational and expressive disrespect accounts, which hold that discrimination is wrong when and if the discriminator misestimates or expresses a misestimate of the moral status of the discriminatee; the unfairness account, which holds that discrimination is wrong when and if the discriminator unfairly increases inequality of opportunity; and the harm account, which holds that discrimination is wrong when and if the discriminator harms the discriminatee. Each of these accounts, however, faces important challenges in simultaneously providing a persuasive theoretical account and matching our intuitions about cases of impermissible discrimination. (shrink)

Philosophers have assumed that as long as discriminatory admission and exclusion policies are off the table, it is possible for one to adopt a restrictionist position on the issue of immigration without having to worry that this position might entail discriminatory outcomes. The problem with this assumption emerges, however,when two important points are taken into consideration. First, immigration controls are not simply discriminatory because they are based on racist or ethnocentric attitudes and beliefs, but can themselves also be the source (...) of social and civic ostracism. Second, by focusing so much on questions of admission and exclusion, philosophers have tended to overlook the discriminatory potential of immigration enforcement mechanisms. In this essay, I make the case that philosophers who deal with the issue of immigration cannot dispense with the potential for discrimination in a state's enforcement mechanism as easily as they have with the potential for discrimination in a state’s admission and exclusions criteria. In addition, I put forth the positive claim that the way to combat this potential for discrimination (e.g., xenophobia) must begin with a defense of, and advocacy for, immigrant rights. (shrink)

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 side, but to outline the terrain and provide the reader with an adequate entryway into these philosophical discussions over discrimination and immigration. (shrink)

In this essay, I explore the view that wrongful discrimination is disrespectful. In section 1, I articulate three conceptions of disrespect, each of which provides a special way to understand the way in which wrongful discrimination is disrespectful. In section 2, I ask what it would take for any of these conceptions to serve as the basis for a plausible theory of wrongful discrimination. I argue that any adequate theory of wrongful discrimination must be able to (...) do two things well: reliably identify cases of wrongful discrimination and, also, explain why they are wrong. In section 3, I examine the objection that all respect-focused theories violate the first desideratum. In section 4, I contend that the objection does not apply to all respect-based theories; in particular, it does not apply to a respect-focused deliberative theory of wrongful discrimination. Though such a theory is much more powerful than its competitors, I argue that it fails to offer a satisfying explanation of why discrimination is wrong due to the fact that it locates the wrong of discrimination within deliberative processes, rather than looking to the harmful-impacts of discrimination on people affected by it. (shrink)

늙어감의 현상은 인간의 삶에 있어 자연스럽게 나타나는 현상이다. 그러나 노년기에 접어든 인간은 신체적, 정신적으로 쇠퇴하였다는 이유로 사회 속에서 쓸모없는 존재로 여겨지게 되고 이와 같은 노인에 대한 부정적인 인식 확산은 노인 차별의 문제로 이어지고 있다. 특히 현재 우리 사회를 심각하게 위협하고 있는 COVID-19는 우리 사회 속에서 보여지는 노인들의 취약성을 더욱 두드러지게 보여주고 있으며, 이로 인해 야기되는 노인 차별문제의 일면을 여실히 드러내고 있다. 이에 본 논문에서는 고령사회에서 노인에게 행해지는 차별의 문제점을 분석하고 노인에게 행해지는 차별 및 소외의 문제를 레비나스의 타자 윤리를 통해 고찰해 (...) 보고자 한다. 레비나스는 자아 안으로 통합시킬 수 없는 절대적인 다름, 절대적 타자성을 가진 타자가 윤리적 관계의 중심이라고 주장하며, 타자와의 관계에 기반한 책임윤리를 말한다. 이러한 측면에서 레비나스의 절대적 다름의 특성을 가진 타자에 대한 이해, 타자와의 관계에 기반한 책임윤리는 절대적 다름의 가치를 인정하지 않고 하나의 기준으로 모든 것을 판단하고자 하는 오늘날의 우리 삶, 즉 다양한 연령이 사회 속에서 가지는 중요함을 인식하지 못하고 노인을 차별하는 현실의 문제점을 비판하고 성찰하는 데 중요한 의미를 가질 것이다. 그리고 이러한 과정을 통해서 우리는 늙어간다는 것은 차별하고 갈등해야 할 문제가 아니라 단지 다름의 문제일 뿐이며, 다름의 인정을 통한 상호간의 소통과 책임은 고령사회에 우리가 인정해야 할 중요한 사회적 가치임을 깨달을 수 있을 것이다. (shrink)

In this paper I show that a variety of Cartesian Conceptions of the mental are unworkable. In particular, I offer a much weaker conception of limited discrimination than the one advanced by Williamson (2000) and show that this weaker conception, together with some plausible background assumptions, is not only able to undermine the claim that our core mental states are luminous (roughly: if one is in such a state then one is in a position to know that one is) (...) but also the claim that introspection is infallible with respect to our core mental states (where a belief that C obtains is infallible just in case if one believes that C obtains then C obtains). The upshot is a broader and much more powerful case against the Cartesian conception of the mental than has been advanced hitherto. (shrink)

Indirect discrimination (or disparate impact) is one of the focal points of current antidiscrimination policies. However, few political/moral philosophers have paid substantial attention to indirect discrimination until recently. This contribution provides an overview of the two philosophical questions in this context: the definitional question (DQ) and the moral question (MQ). DQ concerns what distinguishes indirect discrimination from direct discrimination and inequality. Conceptually, either (1) indirect discrimination is not a genuine subtype of discrimination; (2) it (...) is a subtype of discrimination secondary to direct discrimination; or (3) it is a subtype of discrimination independent of direct discrimination. A more substantial distinction between direct and indirect discrimination can be drawn according to the discriminator’s intention, the disproportionateness of intergroup disadvantage, and so forth. MQ addresses what makes indirect discrimination morally wrong. Conceptually, either (1) indirect discrimination cannot be morally wrong qua discrimination in its own right; (2) it can be morally wrong qua discrimination in its own right, where the wrongness must be connected to past direct discrimination; or (3) it can be morally wrong qua discrimination regardless of past direct discrimination. Substantially, possible wrong-making factors of indirect discrimination include the discriminator’s objectionable intentions, the objectionable message that discriminatory practices may carry, and their harmful effects. This framework is a first step for future works that are necessary to yield a comprehensive insight into the relationship between discrimination and inequality and address contemporary forms of discrimination that tend to be indirect rather than direct. (shrink)

Sometimes, a form of discrimination is hard to register, understand, and articulate. A rich precedent demonstrates how victim testimonies have been key in uncovering such “hidden” forms of discrimination, from sexual harassment to microaggressions. I reflect on how this plausibly goes too for “attentional discrimination”, referring to cases where the more meaningful attributes of one social group are made salient in attention in contrast to the less meaningful attributes of another. Victim testimonies understandably dominate the “context-of-discovery” stage (...) of research into these initially opaque forms of discrimination; a victim’s encounter with the gap between their experience and dominant conceptual frameworks for understanding it is what provides an initial foothold for analysis to begin. Some object, however, to this methodology continuing to dominate the later “context-of-justification” stage, where the hypothesis is rigorously challenged. I argue that this objection underestimates not just how other methodologies are more likely to inherit the various mechanisms of invisibility hiding the discrimination in question, but also how victim testimonies are distinctively well-suited to recognize and challenge those mechanisms. Victim testimonies, then, ought to continue playing a dominant role into these later stages of research regarding hidden forms of discrimination. (shrink)