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Making Sense of Discrimination

Ratio Juris 27 (1):47-78 (2014)

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  1. Does Discrimination Require Disadvantage?Oscar Horta - 2015 - Moral Philosophy and Politics 2 (2):277-297.
    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 (...)
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  • Affirmative Action: Well‐Being, Justice, and Qualifications.Re’em Segev - 2019 - Ratio Juris 32 (2):138-156.
    A common concern regarding affirmative action is that it sanctions the selection of candidates whose qualifications are not the best overall and that this is inefficient or unjust or both. I argue that this concern is misguided, since there is no independent concern regarding qualifications with respect to the moral status of affirmative action. The only sense in which qualifications are not morally arbitrary—and the only sense in which there is a reason to select the most qualified candidate—is purely instrumental (...)
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  • Why Benefitting a Person Cannot Constitute a Form of Discrimination.Daniel Statman - 2021 - Ratio Juris 34 (4):315-330.
    The purpose of this article is to discuss whether a person can be discriminated against by means of an action intended to benefit him or her. The discussion is triggered by a recent court decision according to which women may be entitled to compensation for a policy that made them better off in some respect because of its assumed effect on the perpetuation of harmful stereotypes about women. I reject this view, arguing that such effects are neither necessary nor sufficient (...)
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