Discrimination might be considered unjust on account of the comparative disadvantage it imposes, the absolute disadvantage it imposes, the disrespect it shows, or the prejudice it shows. This article argues that each of these accounts overlooks some cases of unjust discrimination. In response to this state of affairs we might combine two or more of these accounts. A promising approach combines the comparative disadvantage and absolute disadvantage accounts.

The concept of responsibility for health is a significant feature of health discourse and public health policy, but application of the concept is poorly understood. This paper offers an analysis of the concept in two ways. Following an examination of the use of the word ‘responsibility’ in the nursing and wider health literature using three examples, the concept of ‘responsibility for health’ as fulfilling a social function is discussed with reference to policy documents from the UK. The philosophical literature on (...) moral responsibility is introduced, and in considering two versions, reactive attitudes and accountability, it is argued that in application both can be regarded, though with different emphasis, as being constituted in three parts: a responsible agent; having obligations ; and being susceptible to being held responsible if he fails to meet them. The three‐stage model is consistent with the examples of the word responsibility in use, but application to the social function model causes a number of problems for healthcare practice, especially for the reactive attitudes account. Apart from considerable problems in stating what exactly the obligations are and how they can be justified; and how blame might justly be apportioned and by whom, the very ideas of obligation and blame are in conflict within healthcare systems and professional nursing practice which have foundations deeply embedded in the notion of the supremacy of personal autonomy. It is concluded that current application of the concept of responsibility for health is conceptually incoherent, and if it is to retain its place in health policy and discourse, urgent remedy is required. (shrink)

The article argues that discrimination is bad as such when and because it undermines equality of opportunity. It shows, first, that other accounts, such as those concerning intent, efficiency, false representation, prejudice, respect and desert cannot account for the badness of discrimination as such. The inequality of opportunity account, in contrast, captures everything that is bad about discrimination. The article then addresses some counter-examples of practices that are discriminatory without arguably entailing inequality of opportunity, where the notable case is that (...) of segregation. It is further demonstrated that the account successfully handles some of the tricky aspects associated with discrimination, such as those concerning the confinement of discrimination to salient groups, discriminatees by means of financial compensation, in the selection of life partners, and the duties of employers. (shrink)

In this paper I provide a philosophical analysis of family-based immigration. This type of immigration is of great importance, yet has received relatively little attention from philosophers and others doing normative work on immigration. As family-based immigration poses significant challenges for those seeking a comprehensive normative account of the limits of discretion that states should have in setting their own immigration policies, it is a topic that must be dealt with if we are to have a comprehensive account. In what (...) follows I use the idea of freedom of association to show what is distinctive about family-based immigration and why it ought to have a privileged place in our discussion of the topic. I further show why this style of argument neither allows states to limit nearly all immigration nor requires them to have almost no limits on immigration. I conclude by showing that all states must allow some degree of family-based immigration, and that this is a duty owed not to ‘outsiders’ seeking to enter, but rather to current citizens. (shrink)

It is usually accepted that whether or not indirect discrimination is a form of immoral discrimination, it appears to be structurally different from direct discrimination. First, it seems that either one involves the agent focusing on different things while making a decision. Second, it seems that the victim’s group membership is relevant to the outcomes of either sort of action in different ways. In virtue of these two facts, it is usually concluded that indirect discrimination is structurally different from direct (...) discrimination. I argue against the notion that indirect discrimination and direct discrimination have significantly different structures. I first argue that both kinds of discrimination involve similar decision-making processes. Second, I analyze how being in a social group affects personal identity, and from there argue that indirect discrimination and direct discrimination are about group membership similarly. In virtue of these two arguments, I conclude that direct and indirect discrimination are structurally similar. (shrink)

The aim of this paper is to examine whether it is morally wrong to ban only male citizens from leaving a country in wartime, and if it is, why it is the case. Following Russia’s invasion of Ukraine, President Volodymyr Zelensky declared martial law and ordered general mobilization, at the same time prohibiting male citizens aged 18 to 60 from crossing the border. The justifiability of the ban is in dispute, and opponents have made a case in both legal and (...) moral dimensions. In the moral dimension, there are arguments based on consequentialism, individual freedom, and fairness or non-discrimination. In this paper, I focus on the third argument and argue that the ban unfairly and morally wrongfully discriminates against male Ukraine citizens on the basis of their gender. First, I define discrimination and apply it to our case. Second, moving from the descriptive definition of discrimination to its moral wrongness, I argue that the male-only ban is unfair and morally unjustified. Third, I argue that the ban can also be deemed morally wrong from one of the prominent views in the field of the ethics of discrimination, namely the deliberative freedom view. (shrink)

There is a rich philosophical literature on the value of equality: on whether and why it matters, what its “currency” ought to be, and whether it should be balanced against other important values, such as freedom, or conceptualized in terms of equal access to them. Most of this literature is a contribution to debates about distributive justice: it is concerned with how we should understand equality when our aim is to arrive at general principles of justice that could guide social (...) or political authorities in distributing goods under their control. But there is also a different context in which we can, and do, ask about equality. Sometimes, when we ask whether someone has been treated equally, our aim is to assess whether they have faced discrimination. This is, of course, what courts and human rights tribunals do when interpreting constitutional or statutory equality rights – for these rights are usually understood not as general rights to equal treatment in the distribution of social goods, but rather as rights not to be discriminated against on the basis of a select number of prohibited grounds. (shrink)

In this article we develop a taxonomy of emotional injustice: what occurs when the treatment of emotions is unjust, or emotions are used to treat people unjustly. After providing an overview of previous work on this topic and drawing inspiration from the more developed area of epistemic injustice, we propose working definitions of ‘emotion’, ‘injustice’, and ‘emotional injustice’. We describe seven classes of emotional injustice: Emotion Misinterpretation, Discounting, Extraction, Policing, Exploitation, Inequality, and Weaponizing. We say why it is useful to (...) distinguish these and also to subsume them under a single concept. Our aims are both theoretical and practical: to provide a unified account of emotional injustice, while recognizing the diversity of this phenomenon; to facilitate further research on this topic; to recognize the political importance of emotions; and to outline some of the ways in which emotional injustice can be combated. (shrink)

Recent philosophical accounts of discrimination face challenges in accommodating robust intuitions about the particular way in which it is wrongful—most prominently, the intuition that discriminatory actions intrinsically violate equality irrespective of their contingent consequences. The paper suggests that we understand the normative structure of discrimination in a way that is different from the one implicitly assumed by these accounts. It argues that core discriminatory wrongs—such as segregation in Apartheid South Africa—divide into two types, corresponding to violations of relational and distributive (...) equality; and that a pluralistic view of the internal structure of each type should be adopted. This normative structure serves to appropriately vindicate the mentioned intuitions; it also contributes to clarifying the normative underpinnings of legal concepts associated with discrimination (including the distinctions between direct and indirect, or ‘disparate treatment/impact’ discrimination, and intentional vs. unintentional discrimination), and developing a more productive public discourse around allegations of discrimination. (shrink)

Mary Kate McGowan’s Just Words offers an interesting account of exercitives. On McGowan’s view, one of the things we do with words is change what’s permitted, and we do this ubiquitously, without any special authority or specific intention. McGowan’s account of exercitives is meant to identify a mechanism by which ordinary speech is harmful, and which justifies the regulation of such speech. It is here that I part ways. I make three main arguments. First, McGowan’s focus on harm is misguided; (...) that ordinary speech is harmful is harder to support, and in turn does not less to support conclusions about whether it is wrong and warrants regulation, than Just Words suggests. Second, if the speech is harmful, McGowan’s account of exercitives is ill-suited to explain why; the relevant instances of ordinary speech seem to express speakers’ views about moral norms, not change social norms. Third, McGowan’s argument for why ordinary speech should be regulated because it is a form of discrimination presupposes a great deal that is controversial about what makes discrimination wrong and legally actionable, and even if it is right it may license the regulation of more speech than many, including McGowan, would deem acceptable. (shrink)

The increasing implementation of and reliance on machine-learning (ML) algorithms to perform tasks, deliver services and make decisions in health and healthcare have made the need for fairness in ML, and more specifically in healthcare ML algorithms (HMLA), a very important and urgent task. However, while the debate on fairness in the ethics of artificial intelligence (AI) and in HMLA has grown significantly over the last decade, the very concept of fairness as an ethical value has not yet been sufficiently (...) explored. Our paper aims to fill this gap and address the AI ethics principle of fairness from a conceptual standpoint, drawing insights from accounts of fairness elaborated in moral philosophy and using them to conceptualise fairness as an ethical value and to redefine fairness in HMLA accordingly. To achieve our goal, following a first section aimed at clarifying the background, methodology and structure of the paper, in the second section, we provide an overview of the discussion of the AI ethics principle of fairness in HMLA and show that the concept of fairness underlying this debate is framed in purely distributive terms and overlaps with non-discrimination, which is defined in turn as the absence of biases. After showing that this framing is inadequate, in the third section, we pursue an ethical inquiry into the concept of fairness and argue that fairness ought to be conceived of as an ethical value. Following a clarification of the relationship between fairness and non-discrimination, we show that the two do not overlap and that fairness requires much more than just non-discrimination. Moreover, we highlight that fairness not only has a distributive but also a socio-relational dimension. Finally, we pinpoint the constitutive components of fairness. In doing so, we base our arguments on a renewed reflection on the concept of respect, which goes beyond the idea of equal respect to include respect for individual persons. In the fourth section, we analyse the implications of our conceptual redefinition of fairness as an ethical value in the discussion of fairness in HMLA. Here, we claim that fairness requires more than non-discrimination and the absence of biases as well as more than just distribution; it needs to ensure that HMLA respects persons both as persons and as particular individuals. Finally, in the fifth section, we sketch some broader implications and show how our inquiry can contribute to making HMLA and, more generally, AI promote the social good and a fairer society. (shrink)

Sophia Moreau’s Faces of Inequality is a terrific book and it is a great privilege to have this opportunity to comment on it.1 In this ambitious book, Moreau identifies and helpfully analyses a num...

Fairness is one of the most prominent values in the Ethics and Artificial Intelligence (AI) debate and, specifically, in the discussion on algorithmic decision-making (ADM). However, while the need for fairness in ADM is widely acknowledged, the very concept of fairness has not been sufficiently explored so far. Our paper aims to fill this gap and claims that an ethically informed re-definition of fairness is needed to adequately investigate fairness in ADM. To achieve our goal, after an introductory section aimed (...) at clarifying the aim and structure of the paper, in section “Fairness in algorithmic decision-making” we provide an overview of the state of the art of the discussion on fairness in ADM and show its shortcomings; in section “Fairness as an ethical value”, we pursue an ethical inquiry into the concept of fairness, drawing insights from accounts of fairness developed in moral philosophy, and define fairness as an ethical value. In particular, we argue that fairness is articulated in a distributive and socio-relational dimension; it comprises three main components: fair equality of opportunity, equal right to justification, and fair equality of relationship; these components are grounded in the need to respect persons both as persons and as particular individuals. In section “Fairness in algorithmic decision-making revised”, we analyze the implications of our redefinition of fairness as an ethical value on the discussion of fairness in ADM and show that each component of fairness has profound effects on the criteria that ADM ought to meet. Finally, in section “Concluding remarks”, we sketch some broader implications and conclude. (shrink)

As many Western countries emerged from initial periods of lockdown in spring 2020, they had brought COVID-19 infection rates down significantly. This was followed, however, with more drastic second and third waves of viral spread, which many of these same countries are struggling to bring under control, even with the implementation of further periods of lockdown. Could this have been prevented by policymakers? We revisit two strategies that were focus of much discussion during the early stages of the pandemic, and (...) which were implemented in several Western countries, albeit in a weakened form. These strategies both proceed by targeting certain segments of the population, while allowing others to go about their lives unhindered. The first suggests selectively isolating those that would most likely suffer severe adverse effects if infected – in particular the elderly. The second involves identifying and quarantining those who are likely to be infected through a contact tracing app that would centrally store users’ information. We suggest that both strategies showed promise in preventing the need for further lockdowns, albeit in a significantly more stringent form than anything that was implemented in Western countries. We then proceed to an ethical evaluation of these more stringent policies. We contend that selective isolation strategies face severe ethical problems due to its discriminatory nature, while the ethical issues with a more aggressive contact tracing regime can be mitigated. This analysis has implications for how to respond effectively and ethically to future pandemics, and perhaps contains lessons on how to successfully emerge from our current predicament. (shrink)

Enacting an AI system typically requires three iterative phases where AI engineers are in command: selection and preparation of the data, selection and configuration of algorithmic tools, and fine-tuning of the different parameters on the basis of intermediate results. Our main hypothesis is that these phases involve practices with ethical questions. This paper maps these ethical questions and proposes a way to address them in light of a neo-republican understanding of freedom, defined as absence of domination. We thereby identify different (...) types of responsibility held by AI engineers and link them to concrete suggestions on how to improve professional practices. This paper contributes to the literature on AI and ethics by focusing on the work necessary to configure AI systems, thereby offering an input to better practices and an input for societal debates. (shrink)

What is discrimination and what makes wrongful discrimination wrong? Even after an ever-rising tide of research over the course of the past twenty-five or so years these questions still remain hard to answer. Exercising candid and self-critical hindsight, Larry Alexander, who contributed his fair share to this tide, thus remarked: “All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.” If this is true it (...) raises serious doubts as to how wrongful discrimination can be a moral wrong in itself. Also, the question comes up as to who it is who breaches a promise or a fiduciary duty. This paper defends the view that the substance of these remarks is better understood by couching them in a political approach towards discrimination. Against this background, they give rise to real and pressing concerns. Once we conceptualise the realm political along Hobbesian lines as the battleground comprising both the private sphere of the individual and the public sphere of the commonwealth it emerges that discrimination has different significance with regard to these respective spheres. In order to illustrate this, I adopt Kasper Lippert-Rasmussen’s descriptive account of discrimination as „differential treatment on the basis of membership of a socially salient group“ and the common view that wrongful discrimination is wrong because it is harmful, disrespectful, or both. In the private sphere the case can be made for morally permissible cases of discrimination. Sexual discrimination due to sexual self-determination with consequently freely choosing your sexual or romantic partner is the central case in point. Where somebody feels unfairly rejected and consequently hurt neither the charge of harm inflicted nor that of disrespect endured need be justified. No “breach of promises or fiduciary duties” is involved. The case is different, however, when it comes to the fiduciary of power. In discriminating, he who exercises the power of the commonwealth necessarily breaches a promise and a fiduciary duty. Discrimination thus appears to be more of a problem of political philosophy than one of applied ethics. [in German] **************************************************************************************************** ******************** Was ist Diskriminierung und warum ist Diskriminierung verwerflich, wenn sie es denn ist? Dies bleibt ungeachtet der seit fünfundzwanzig Jahren anschwellenden Forschungsliteratur unverändert eine harte Nuss. Larry Alexander, der selbst maßgeblich zu dieser Forschungsliteratur beigetragen hat, merkt daher selbstkritisch an: „All cases of discrimination, if wrongful, are wrongful either because of their quite contingent consequences or perhaps because they are breaches of promises or fiduciary duties.“ Wenn dies der Fall ist, stellt sich die Frage, wie moralisch verwerfliche Diskriminierung dann noch an sich verwerflich sein kann. Es stellt sich dann auch die Frage, wer hier ein Versprechen bricht und seine Treuepflichten verletzt. Die leitende Annahme dieses Aufsatzes ist es, dass man dem sachlichen Kern dieser Bedenken Rechnung tragen kann, indem man eine politische Perspektive auf das Phänomen der Diskriminierung einnimmt. Die Bedenken erweisen sich dann als substanziell und zutreffend. Konzeptualisieren wir den Bereich des Politischen mit Thomas Hobbes als das Spannungsfeld, das die private Sphäre des Individuums und die öffentliche Sphäre des Gemeinwesens gegeneinander abgrenzt, wird sichtbar, dass Diskriminierung in diesen Sphären jeweils unterschiedlich zu bewerten ist. Um dies zu verdeutlichen, lege ich Kasper Lippert-Rasmussens deskriptives Verständnis von Diskriminierung als „differential treatment on the basis of membership of a socially salient group“ zugrunde und mache von der in der Diskussion verbreiteten Ansicht Gebrauch, dass das Zufügen von Schaden oder die Verweigerung von Respekt Diskriminierung verwerflich macht. In der privaten Sphäre kann es nun Fälle moralisch zulässiger Diskriminierung geben. Zentral ist die sexuelle Diskriminierung aufgrund der Ausübung einer freien Wahl des eigenen Sexual- oder Liebespartners. Auch wenn sich der Abgewiesene womöglich geschädigt sieht, wird unbilliger Schaden nicht zugefügt und geschul- deter Respekt nicht verweigert. Den Grund finden wir in Alexanders Formel: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt nicht vor. Anders im Fall staatlicher Diskriminierung: Ein „breach of promises“ oder eine Verletzung „fiduciary duties“ liegt hier stets vor, da Fälle staatlicher Diskriminierung regelmäßig Machtmissbrauch darstellen: Der Inhaber staatlicher Gewalt verletzt die Treuepflicht, das Mandat unparteilich auszuüben, das getreulich auszuführen er gelobt hat. Diskriminierung erscheint also weniger als ein Problem der angewandten Ethik denn als eines der politischen Philosophie. (shrink)

ABSTRACTIn this paper, we investigate three different ways of defending the claim that national football associations ought to pay their men’s and women’s football teams the same amount. First, we...

Australia, Canada, and New Zealand currently apply health requirements to prospective immigrants, denying residency to those with health conditions that are likely to impose an “excessive demand” on their publicly funded health and social service programs. In this paper, I investigate the charge that such policies are wrongfully discriminatory against persons with disabilities. I first provide a freedom-based account of the wrongness of discrimination according to which discrimination is wrong when and because it involves disadvantaging people in the exercise of (...) their freedom on the basis of morally arbitrary features of their identity. Discrimination is permissible, I suggest, when it is necessary to advance a valuable exercise of the discriminating agent’s freedom. I then apply this account to the case of social cost health requirements. Against critics of these requirements, I argue that it is sometimes permissible for states to discriminate against prospective immigrants with disabilities. States may do so, I suggest, when such discriminatory treatment is necessary to prevent an increase in rates of mortality and/or morbidity amongst citizens. Alongside critics of social cost health requirements however, I argue that existing policies are likely a form of wrongful discrimination insofar as they are too broad to satisfy this standard. (shrink)

This book on the topic of ethics and poetry consists of contributions from different continents on the subject of applied ethics related to poetry. It should gather a favourable reception from philosophers, ethicists, theologians and anthropologists from Africa, Asia, Europe and Latin America and allows for a comparison of the healing power of words from various religious, spiritual and philosophical traditions. The first part of this book presents original poems that express ethical emotions and aphorism related to a philosophical questioning (...) of the grounding of our values for life. The poems are written by twelve authors coming from four continents, for whom poetic emotions are sources of artistic inspiration and that can be used for conflict resolution. In the second part, which features short essays, nine authors tackle how poems, symbolic representations, metaphorical narratives and lies impact the space of possibilities, in which we are moved to action, knowledge formation, and how we imagine the world together. (shrink)

A frequent caveat in online dating profiles – “No fats, femmes, or Asians” – caused an LGBT activist to complain about the bias against Asians in the American gay community, which he called “racial looksism”. In response, he was asked that, if he himself would not date a fat person, why he should find others not dating Asians so upsetting. This response embodies a popular attitude that personal preferences or tastes are simply personal matters – they are not subject to (...) moral evaluation. In this paper, I argue, against this popular attitude, that a personal preference like racial looksism is indeed wrong. A preference like racial looksism is wrong because it is an overgeneralization that disrespects individuality by treating people as exchangeable tokens of one type, and such disrespect denies its objects appreciation that their dignity entitles them to. As it turns out, there is on my account a relevant moral difference between racial looksism and simple looksism. (shrink)

This paper comes out of a panel honoring the work of Anne Donchin (1940-2014), which took place at the 2016 Congress of the International Network on Feminist Approaches to Bioethics (FAB) in Edinburgh. My general aim is to highlight the contributions Anne made to feminist bioethics, and to feminist reproductive ethics in particular. My more specific aim, however, is to have a kind of conversation with Anne, through her work, about whether reproductive justice could demand insurance coverage for in vitro (...) fertilization. I quote liberally from Anne’s work for this purpose, but also to shower the reader with her words, reminding those of us who knew her well what a wonderful colleague she was. (shrink)

The article analyses the concept of indirect discrimination, arguing first that existing conceptualisations are unsatisfactory and second that it is best understood as equal treatment that is disadvantageous to the discriminatees because of their group-membership. I explore four ways of further refining the definition, arguing that only an added condition of moral wrongness is at once plausible and helpful, but that it entails a number of new problems that may outweigh its benefits. Finally, I suggest that the moral wrongness of (...) indirect discrimination is best accounted for in terms of the harm it does to discriminatees, and sketch three ways in which it may do so. I conclude that the analysis provides both a clearer understanding of the concept of indirect discrimination as well as indirect support for a harm-based account of the wrongness of discrimination, while suggesting that our moral obligations qua non-discrimination may be more extensive than is frequently assumed. (shrink)

This article asks whether discrimination law should be symmetrical: whether it should offer the same level of protection to dominant and dominated groups. It articulates a structural inequality theory of the moral foundations of discrimination law and defends it against prominent alternatives, such as the view that discrimination is wrong because it is irrational or disrespectful. The paper then argues that while direct discrimination is symmetrical, indirect discrimination is asymmetrical. It cannot be claimed by those – men, or white persons (...) – who are not at the sharp end of structural inequality. Furthermore, even dominated groups cannot claim to be indirectly discriminated against by just any law that has a disparate impact on them. If the structural inequality view is correct, the protectorate of discrimination law is not as extensive as is commonly assumed. (shrink)

In recent years, there has been a surge in research addressing the question which properties predictive algorithms ought to satisfy in order to be considered fair. Three of the most widely discussed criteria of fairness are the criteria called equalized odds, predictive parity, and counterfactual fairness. In this paper, I will present a new impossibility result involving these three criteria of algorithmic fairness. In particular, I will argue that there are realistic circumstances under which any predictive algorithm that satisfies counterfactual (...) fairness will violate both other fairness criteria, that is, equalized odds and predictive parity. As will be shown, this impossibility result forces us to give up one of four intuitively plausible assumptions about algorithmic fairness. I will explain and motivate each of the four assumptions and discuss which of them can plausibly be given up in order to circumvent the impossibility. (shrink)

Kaum ein Begriff der ethischen Debatten der letzten Jahre hat eine solche Konjunktur erlebt wie der Begriff der Diskriminierung. Eine vergleichende Erörterung des Konzepts einschließlich seiner begrifflichen Nuancen und seiner ethischen Bedeutung für das Gesundheitswesen fehlte jedoch bislang. Ziel dieses Beitrags ist die Entwicklung eines differenzierten Verständnisses von Diskriminierung auf der Basis der philosophischen und soziologischen Literatur vor dem Hintergrund ethisch relevanter medizinischer und pflegerischer Szenarios. Anhand von praktischen Beispielen aus dem Gesundheitswesen erörtern wir die Besonderheiten direkter, indirekter und statistischer (...) Diskriminierung, wir untersuchen die Bedeutung von Absichten und die Rolle von kollektiven Akteuren. Zudem diskutieren wir, welche sozialen Gruppen diskriminiert werden können und welche Rolle Formen epistemischer Ungerechtigkeit dabei spielen. Argumentiert wird, dass das Konzept trotz seiner Komplexität einen signifikanten Mehrwert bietet, weil es erlaubt, Formen der Benachteiligung aufzuzeigen, die über die Verletzung einzelner spezifischer Rechte oder Interessen hinausgehen. Als wissensbasiertes System von großem gesellschaftlichen Einfluss weist das Gesundheitswesen einige Eigenschaften auf, die Diskriminierung begünstigen können. Dies zu erkennen ist unerlässlich, um Diskriminierung wirksam entgegentreten zu können. (shrink)

Definition of the problem Few concepts in recent ethical debates have enjoyed as much popularity as the concept of discrimination. However, a comparative discussion of the concept, including its conceptual nuances and its ethical significance for health care, has so far been lacking. The aim of this paper is to develop a nuanced understanding of discrimination based on the philosophical and sociological literature against the background of ethically relevant medical and nursing scenarios. Methods Using practical examples from health care, we (...) discuss direct, indirect, and statistical discrimination; we examine the importance of intentions and the role of collective actors. In addition, we analyze which social groups may experience discrimination and the respective importance of forms of epistemic injustice. Conclusions We argue that despite its complexity, the concept offers significant added value because it allows us to highlight forms of disadvantage that go beyond the violation of individual specific rights or interests. As a knowledge-based system of great societal influence, health care exhibits some characteristics that can foster discrimination. Acknowledging this fact is essential in order to effectively address discrimination. (shrink)

What is the morally significant feature of discrimination? All of the following seem plausible – (i) discrimination is a kind of wrongdoing and it wrongs discriminatees, which is a matter of intrapersonal morality; (ii) in view of cases of indirect discrimination, significant normative features of discrimination are best captured in a discriminatee‐focused, or harm‐based, way; and (iii) discrimination, as an act‐type, necessarily involves interpersonal comparison. The first task of this article is to address which of intra‐ or interpersonal comparison is (...) relevant to philosophical questions concerning discrimination. I submit that each of them has a place in the theory of discrimination; while interpersonal comparison is relevant in determining whether a differentiating act counts as discrimination, intrapersonal comparison is relevant in assessing whether it is morally wrong. The second task is to develop further a harm‐based answer to the latter question. My final proposal is as follows: discrimination is pro tanto morally wrong to the extent that it makes the discriminatees worse off than they would be were it not for the discrimination at issue, where one's well‐being is understood in terms of what one endorses in one's optimum form. (shrink)

There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same strength and (...) coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society. (shrink)

In this paper, I examine whether the use of artificial intelligence (AI) and automated decision-making (ADM) aggravates issues of discrimination as has been argued by several authors. For this purpose, I first take up the lively philosophical debate on discrimination and present my own definition of the concept. Equipped with this account, I subsequently review some of the recent literature on the use AI/ADM and discrimination. I explain how my account of discrimination helps to understand that the general claim in (...) view of the aggravation of discrimination is unwarranted. Finally, I argue that the use of AI/ADM can, in fact, increase issues of discrimination, but in a different way than most critics assume: it is due to its epistemic opacity that AI/ADM threatens to undermine our moral deliberation which is essential for reaching a common understanding of what should count as discrimination. As a consequence, it turns out that algorithms may actually help to detect hidden forms of discrimination. (shrink)

This article argues that anti-discrimination rights are individual rights to be free from wrongful treatment and do not directly advance group-based interests or prohibit group-based harm. In light of this, a number of recurring accounts of the wrong of discrimination, particularly the wrong of indirect discrimination, are unsustainable. Claims that indirect discrimination is concerned with harm that is done to social groups or that laws prohibiting indirect discrimination seek to reduce or eliminate advantage gaps between social groups must be rejected (...) as inaccurate. While principles of non-discrimination and principles of affirmative action often operate harmoniously to foster respect for the moral equality of persons, they each have a general affinity with distinct ethical traditions: deontology and teleology respectively. As such, we should conclude that indirect discrimination provisions are examples of formal and not substantive equality. Where rights to non-discrimination conflict with telic equality goals, UK law protects the rights of the individual. (shrink)

Should people who perform equal work receive equal pay? Most would say ‘yes’, at least insofar as this question is understood to be asking whether employers should be permitted to discriminate against employees on the basis of race or sex. But suppose the employees belong to all of the same traditionally protected groups. Is (what I call) nondiscriminatory unequal pay for equal work wrong? Drawing an analogy with price discrimination, I argue that it is not intrinsically wrong, but it can (...) be deceptive, in which case it is wrong. (shrink)

This paper critically examines prevailing egalitarian theories (which assess inequality between two individuals on the basis of their lifetime experience). The paper proposes an alternative theoretical framework: theDignified Lives Approach. This theoretical framework, which rests on deontological foundations, considers all human beings as of equal moral worth, and advocates treating each individual with equal concern and respectat any given time. The paper articulates five essential principles of equality founded in the notion of equal concern and respect: the principle ofindividual assessment, (...) the principle ofequal influence, the principle ofsufficiency, the principle ofsocial inclusion, and the principle ofautonomy. Focusing on senior workers, the paper reveals that age discrimination may be as unjust as other forms of discrimination. It therefore articulates a strong, moral case for eradicating age discrimination which is well supported by recent judicial developments. (shrink)

Many legal, social, and medical theorists and practitioners, as well as lay people, seem to be concerned with the harmfulness of discriminative practices. However, the philosophical literature on the moral wrongness of discrimination, with a few exceptions, does not focus on harm. In this paper, I examine, and improve, a recent account of wrongful discrimination, which divides into a definition of group discrimination, and a characterisation of its moral wrong-making feature in terms of harm. The resulting account analyses the wrongness (...) of discrimination in terms of intrapersonal comparisons of the discriminatee’s actual, and relevantly counterfactual, well-being levels. I show that the account faces problems from counterfactuals, which can be traced back specifically to the orthodox - comparative, counterfactual, welfarist - concept of harm. I argue that non-counterfactual and non-comparative harm concepts face problems of their own, and don’t fit easily with our best understanding of discrimination; hence they are unsuitable to replace the orthodox concept here. I then propose a non-orthodox - comparative, counterfactual, hybrid - concept of harm, which relies on counterfactual comparisons of ways of being treated. I suggest how such a concept can help us handle the problems from counterfactuals, at least for my account of discrimination. I also show that there are similar proposals in other harm-related debates. An upshot of the paper is thus to corroborate the case for a non-orthodox, hybrid concept of harm, which seems better able to fulfil its functional roles in a variety of contexts. (shrink)

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 very 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. (shrink)

My paper explores the question of when it is wrong for a state’s immigration criteria to discriminate against people with disabilities, focusing on the idea that discrimination is wrong when it demeans a group, rather than when it disadvantages them. I argue that selecting against people with disabilities often demeans them but might not always do so even when immigration criteria explicitly exclude people on the basis of having disabilities – that is, in cases of direct discrimination. Moreover, I demonstrate (...) that certain cases of less direct forms of discrimination that select against people with disabilities – in particular, when states apply health-cost limits on admissions – can function as proxies designed to exclude people with disabilities and thereby demean them. Finally, I explain why my analysis of discrimination’s wrong does not typically apply to health conditions in general, such as heart, liver, or lung disease or cancer, setting my view apart from a prominent view in the literature. (shrink)

Discrimination is typically understood to be a comparative phenomenon: S is discriminated against on the basis of trait T if she would not have been treated in the same way if she did not possess T. But the comparative test for discrimination may hide from view some important cases: associational discrimination and stereotype policing. These cases show more clearly what is true of discrimination in general: that it involves a vicarious wrong, that is, an action which wrongs someone other than (...) the primary object of disregard. This suggests why philosophers disagree whether discrimination is wrong because it causes harm or because it expresses disrespect. Paradigmatic cases of discrimination involve both harm and disrespect, but direct the harm and the disrespect towards different targets by treating the harmed individual as a mere representative of the targeted group. Discrimination is dehumanizing, and morally distinctive, precisely because of this fact. (shrink)

Are police officers morally justified in issuing unsolicited personal safety advice to women? Such advice often attracts accusations of ‘victim blaming’, although prevention advice remains a common tool used by police to address many crime and safety risks. While some examples of police advice are clearly outrageous, this article considers whether there is a place for ‘sound’ advice, i.e., advice that is proportionate, easy to follow, empirically justified, and objectively likely to reduce harm. To explore this, the article proposes a (...) thought experiment that compares safety advice dealing with threats to women from human sources with safety advice issued in response to natural phenomena, such as flooding. It argues that, despite apparent differences, safety advice addressing risks from humans and natural phenomena are relevantly similar. Consequently, if advice dealing with natural phenomena is morally justified then advice to women about human threats is also morally justifiable. Nevertheless, the article also considers whether the purported prevalence of sexism in policing may make safety advice for women morally problematic. While levels of sexism in policing may vary across time and location, it is argued that safety advice would be morally justified even if sexism was widespread among police officers. Finally, the article considers whether crime prevention advice may backfire by effectively curtailing women’s freedoms. Rather than curtailing freedom, however, it is argued that sound advice may actually enable women to flourish by helping them overcome fear of crime and achieve non-instrumental goals that they have set for themselves. (shrink)

This article argues that only a limited form of EU citizenship is available to transgender people. As the paper demonstrates, transgender Union citizens face numerous difficulties when they exercise their right to free movement, despite such movement being the core of Union citizenship. Rather, transgender individuals only have access to a considerably restricted form of EU citizenship which is guaranteed as part of their fundamental status conferred by EU Treaties. The article points out that the current approach of including transgender (...) discrimination in the purview of discrimination on the grounds of sex fails to tackle the issue because it is conceptually problematic and largely ineffective. As a solution to remedy the issue, the paper suggests overhauling the existent approach to trans discrimination in a way that makes it capable of ensuring that transgender persons enjoy their Union citizenship to its fullest extent. (shrink)

This article discusses the potential sources and consequences of unfairness in artificial intelligence (AI) predictive tools used for anti-corruption efforts. Using the examples of three AI-based anti-corruption tools from Brazil—risk estimation of corrupt behaviour in public procurement, among public officials, and of female straw candidates in electoral contests—it illustrates how unfairness can emerge at the infrastructural, individual, and institutional levels. The article draws on interviews with law enforcement officials directly involved in the development of anti-corruption tools, as well as academic (...) and grey literature, including official reports and dissertations on the tools used as examples. Potential sources of unfairness include problematic data, statistical learning issues, the personal values and beliefs of developers and users, and the governance and practices within the organisations in which these tools are created and deployed. The findings suggest that the tools analysed were trained using inputs from past anti-corruption procedures and practices and based on common sense assumptions about corruption, which are not necessarily free from unfair disproportionality and discrimination. In designing the ACTs, the developers did not reflect on the risks of unfairness, nor did they prioritise the use of specific technological solutions to identify and mitigate this type of problem. Although the tools analysed do not make automated decisions and only support human action, their algorithms are not open to external scrutiny. (shrink)

According to US law, insurance companies can lawfully differentiate individual health insurance premiums on the basis of non-genetic medical information, but not on the basis of genetic information. The article reviews the case for such genetic exceptionalism. First, I critically assess some standard justifications. Next, I scrutinize an argument appealing to the view that genetically based premium differentiation expresses that persons do not all merit equal concern and respect. In the final section, I argue that even if genetic exceptionalism is (...) unjustified, there is a forceful luck egalitarian argument against basing premiums on genetic risks, to wit, that this tends to make some individuals worse off than others as a result of the bad brute luck involved in having a genetically determined, above-average risk of developing health problems. (shrink)

In April 1962, white segregationists paid money to African Americans agreeing to leave New Orleans. In 2010, the British National Party proposed paying non-white migrants money to leave the UK. Five years later, a landlord in New York paid African American tenants to vacate their apartments. This article considers when, if ever, it is morally permissible to pay minorities to leave. I argue that paying minorities to leave is demeaning towards recipients and so wrong. Although the payments are wrong, it (...) is not clear if they are impermissible, given the benefits for the recipients. I argue that payments are impermissible if at least one of two conditions are met: The payments demean or harm other members of society, or the payments are provided to recipients who have failed to consent to the payments. (shrink)

The problem of algorithmic fairness is typically framed as the problem of finding a unique formal criterion that guarantees that a given algorithmic decision-making procedure is morally permissible. In this paper, I argue that this is conceptually misguided and that we should replace the problem with two sub-problems. If we examine how most state-of-the-art machine learning systems work, we notice that there are two distinct stages in the decision-making process. First, a prediction of a relevant property is made. Secondly, a (...) decision is taken based (at least partly) on this prediction. These two stages have different aims: the prediction is aimed at accuracy, while the decision is aimed at allocating a given good in a way that maximizes some context-relative utility measure. Correspondingly, two different fairness issues can arise. First, predictions could be biased in discriminatory ways. This means that the predictions contain systematic errors for a specific group of individuals. Secondly, the system’s decisions could result in an allocation of goods that is in tension with the principles of distributive justice. These two fairness issues are distinct problems that require different types of solutions. I here provide a formal framework to address both issues and argue that this way of conceptualizing them resolves some of the paradoxes present in the discussion of algorithmic fairness. (shrink)

In standard cases of discrimination the interests of the discriminatees are considered comparatively worse than those of others. Accordingly, discrimination is often defined as some form of differential consideration or treatment which, among other features, entails a disadvantage for discriminatees. There are some apparent forms of nonstandard discrimination, however, in which it seems that this need not occur. This paper examines three of them: epistemic discrimination, discrimination against entities unable to be harmed by it and nonhierarchical segregation. If, as it (...) seems, these really are forms of discrimination that means standard definitions may fail or must be reinterpreted. There is a way to account for the mentioned nonstandard forms of discrimination by claiming that all forms of worse consideration or treatment can be considered discriminatory. This, however, entails interpreting the term “worse” in a very broad manner, and some may not find this solution intuitive. Despite this, the paper will argue that alternative accounts entail more serious problems. (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)