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What is discrimination? There are certain instances of differential treatment that almost anyone would describe as discriminatory; yet upon deeper examination, this near-unanimity gives way to disagreement and difference. For instance, is it discrimination when hospitals hire non-smokers only? Not only do people differ on which cases of differential treatment they see as discriminatory, they also disagree about when discrimination is morally wrong; what makes itmorally wrong; and, indeed, about whether all forms of discrimination are morally wrong! Finally, many disagree over what should be done about wrongful discrimination-especially about what the state could permissibly do to eliminate wrongful discrimination, e.g. in people's love lives. This book addresses these issues. It argues that there are different concepts of discrimination and that different purposes pertaining to different contexts determine which one is the most useful. It gives special attention to a concept of discrimination that ties discrimination to differential treatment of people on the basis of their membership in socially salient groups. Second, it argues that when discrimination is wrong, it is so first and foremost because of its harmful effects. Third,it takes issue with some of the standard devices used to counteract discrimination and submits that combating discrimination requires more than state actions. Finally, it argues that states may sometimes permissibly discriminate."[Lippert-Rasmussen] is a master of advancing discussion on a topic by showing that where the rest of us saw only two or three possible positions, there are many positions, often smeared together in a confused way in prior writings on the topic. The different views need to be carefully distinguished, and we then need to look carefully at what can be said for and against each in turn. When we do this, our view of the issues significantly shifts. This method and its fruits are evident throughoutthe book... [The] author's analytical skill and creative imagination in following through this method make the book a pleasure to read. " -Richard J. Arneson, Professor of Philosophy, University of California, San Diego
Table of Contents
Acknowledgments ix
Sources xi
Introduction 1 (1)
1 The Questions 1 (12)
2 The Approach 4 (2)
3 Overview of the Book 6 (7)
Part I The Concept of Discrimination
1 What Is Discrimination? 13 (1)
1 Introduction 13 (1)
2 Discrimination in the Generic Sense 14 (8)
3 Irrelevance Discrimination 22 (2)
4 The Moralized Concept of Discrimination 24 (2)
5 Group Discrimination 26 (4)
6 Social Salience 30 (6)
7 Because 36 (4)
8 Treatment 40 (5)
9 Summary 45 (9)
Appendix 1 Methodology 47 (2)
Appendix 2 Discrimination Skeptics: 49 (5)
Oppression and Dominance
2 Indirect Discrimination 54 (25)
1 The Distinction between Direct and 54 (2)
Indirect Discrimination
2 Altman's Definition 56 (3)
3 The No-Intention Condition 59 (2)
4 The Disadvantage Condition 61 (4)
5 The Disproportionateness Condition 65 (3)
6 Sufficient for Indirect Discrimination? 68 (4)
7 Direct vs. Indirect Discrimination 72 (1)
8 Conclusion 73 (6)
Appendix 1 Some Other Definitions of 74 (3)
Indirect Discrimination
Appendix 2 Institutional and Structural 77 (2)
Discrimination
3 Statistical Discrimination 79 (24)
1 Introduction 79 (2)
2 Statistical Discrimination vs. 81 (6)
Nonstatistical Discrimination
3 Direct vs. Indirect, Statistical 87 (2)
Discrimination
4 What Statistical Discrimination Is Not 89 (5)
5 Conclusion 94 (9)
Appendix: Genetic Discrimination and 95 (8)
Social Salience
Part II The Wrongness of Discrimination
4 Mental-State-Based Accounts 103(26)
1 Introduction 103(2)
2 Some Common Accounts 105(6)
3 Mental States and Permissibility 111(2)
4 Different Mental-State Accounts 113(1)
5 Alexander on Disrespect and 113(8)
Discrimination: The Falsehood Account
6 Alexander on Disrespect and 121(1)
Discrimination: The Comparative Falsehood
Account
7 Alexander on Disrespect and 122(5)
Discrimination: The Irrational
Comparative Falsehood Account
8 Conclusion 127(2)
5 Objective-Meaning Accounts 129(24)
1 Introduction 129(2)
2 Hellman's Account: Demeaning Others 131(3)
3 Some Challenges to Hellman's Account 134(5)
4 Scanlon on Racial Discrimination and 139(5)
the Meaning of Actions
5 An Important Ambiguity 144(2)
6 Some Worries About Scanlon's Account 146(3)
7 The Moral Distinctiveness of 149(2)
Discrimination Based on Judgments of
Inferiority
8 Conclusion 151(2)
6 Harm-Based Accounts 153(40)
1 Introduction 153(1)
2 The Essentials of the Harm-Based Account 154(3)
3 The Baseline Issue 157(3)
4 The Metric of Harm 160(3)
5 Some Challenges to the Harm-Based 163(2)
Account
6 A Desert-Prioritarian Account 165(5)
7 Some Objections 170(7)
8 A Test Case: Moral Wrongness of 177(6)
Indirect Discrimination-
9 Conclusion 183(10)
Appendix: Moreau on Deliberative 185(8)
Freedom and Discrimination
Part III Neutralizing Discrimination
7 Discrimination and the Aim of 193(24)
Proportional Representation
1 Introduction 193(3)
2 The Simple View and Ambition-Sensitivity 196(6)
3 The Counterfactual, Holistic View 202(2)
4 Which Counterfactual Scenario? 204(7)
5 Is Absence of Discrimination Necessary 211(2)
for Suitable Representation?
6 Second-Best Representational Aims 213(2)
7 Conclusion 215(2)
8 Discrimination in Punishment 217(18)
1 Introduction 217(2)
2 Loci of Legal Discrimination 219(2)
3 Criteria vs. Indicators of 221(3)
Discrimination
4 The Pure Discrimination Case 224(7)
5 The No-Complaint Argument 231(3)
6 Conclusion 234(1)
9 Reaction Qualifications 235(26)
1 Introduction 235(5)
2 Discounting Qualifications Based on 240(9)
Illegitimate Preferences
3 Refining Meritocracy 249(4)
4 Illegitimate Preferences Not 253(4)
Disadvantaging Targeted Groups
5 Respect and Reaction Qualifications 257(3)
6 Conclusion 260(1)
10 Discrimination in the Private Sphere 261(11)
1 Introduction 261(5)
2 A Legal Duty to Engage in Wrongful 266(1)
Private Discrimination
3 A Legal Right to Engage in Wrongful 266(1)
Private Discrimination
4 A Legal Duty Not to Engage in Wrongful 267(1)
Private Discrimination
5 A Legal Duty or Permission to Engage in 268(1)
Private Discrimination That Is Not
Wrongful
6 A Legal Duty Not to Engage in Private 269(1)
Discrimination That Is Not Wrongful
7 Conclusion 269(3)
11 Racial Profiling 272(31)
1 Introduction 272(3)
2 A Right to Be Treated as an Individual 275(3)
3 Unequal Treatment 278(1)
4 Unfairness 279(4)
5 The Making of Statistical Facts and the 283(2)
Justifiability of Statistical
Discrimination
6 Putting the Argument to the 285(8)
Interpersonal Test
7 Noncomprehensively Justified? 293(4)
8 Challenges 297(2)
9 Conclusion 299(4)
Bibliography 303(8)
Index 311
