Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

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.

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

Vischer, Rob | Permalink

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