Mirror of Justice

A blog dedicated to the development of Catholic legal theory.

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Tuesday, March 26, 2013

What is wrongful discrimination?

I've tried to dial back our society's emerging presumption that "discrimination" is always bad, as have others (including Rick).  Re'em Segev has a new paper offering a working definition of "wrongful discrimination" that might shed more light than heat:

Discrimination is a central moral and legal concept. However, it is also a contested one. Particularly, accounts of the wrongness of discrimination often rely on controversial and particular assumptions. In this paper, I argue that a theory of discrimination that relies on premises that are general (rather than unique to the concept of discrimination) and widely accepted provides a plausible (exhaustive) account of the concept of wrongful discrimination. According to the combined theory, wrongful discrimination consists of allocating a benefit that is not supported by a morally significant fact (a valid reason), or in a way that involves distributive injustice, or both.

http://mirrorofjustice.blogs.com/mirrorofjustice/2013/03/what-is-wrongful-discrimination.html

Vischer, Rob | Permalink

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