According to many theorists, discrimination either requires a better treated comparator or can occur only if the discriminator belongs to a socially salient group different from that of the discriminatee. Both claims are philosophically important since they have important implications for which account of the moral wrongness of discrimination is correct, e.g., if no comparator is required, the wrongness of discrimination cannot result from treating different people as unequals since the unequal treatment of persons is not an essential feature of (...) discrimination. Most theorists who have written on the topic see their account as articulating the folk concept of discrimination. However, none have subjected their putative articulations thereof to experimental testing. This is what the present study does. Its results are mixed, interesting, and call for further studies. Regarding comparativity, surprisingly, respondents are more disposed to classify a situation as discriminatory when there is no comparator than when there is one. Regarding reflexivity, respondents are more likely to classify our vignettes as involving discrimination when the discriminator is from another socially salient group than the discriminatee as to ethnicity but not when it comes to gender. Hence, non-reflexivity does not appear to be a conceptual requirement on discrimination. Remarkably, our study also shows that the mere reference to a majority, outgroup person in our vignettes makes respondents more likely to classify the vignette as involving discrimination against a minority person, even when the majority group person does not play the role of a comparator. (shrink)

The distinctive feature of a hybrid view (such as Nozick’s “utilitarianism for animals, Kantianism for people”) is that it divides moral patients into two classes: call them dersons and uersons. Dersons have a deontological kind of moral status: they have moral rights against certain kinds of optimific harms. Uersons, by contrast, have a utilitarian kind of moral status: their interests are morally important (in proportion to the magnitude of those interests), but uersons do not have deontological moral rights or any (...) other kinds of deontological protections. In this paper, we discuss and critically evaluate three ways of supporting a hybrid view: a case-based argument; an autonomy-based rationale; and a rationale based in a capacity for what we call deep commitments. Finally, we discuss a way in which considerations about the moral significance of relationships might support an approximation of a hybrid view. (shrink)