This book continues and revises the ideas of justice as fairness that John Rawls presented in _A Theory of Justice_ but changes its philosophical interpretation in a fundamental way. That previous work assumed what Rawls calls a "well-ordered society," one that is stable and relatively homogenous in its basic moral beliefs and in which there is broad agreement about what constitutes the good life. Yet in modern democratic society a plurality of incompatible and irreconcilable doctrines--religious, philosophical, and moral--coexist within the (...) framework of democratic institutions. Recognizing this as a permanent condition of democracy, Rawls asks how a stable and just society of free and equal citizens can live in concord when divided by reasonable but incompatible doctrines? This edition includes the essay "The Idea of Public Reason Revisited," which outlines Rawls ' plans to revise _Political Liberalism,_ which were cut short by his death. "An extraordinary well-reasoned commentary on _A Theory of Justice_...a decisive turn towards political philosophy." --_Times Literary Supplement_. (shrink)

Discrimination, understood as differential treatment of individuals on the basis of their respective group memberships, is widely considered to be morally wrong. This moral judgment is backed in many jurisdictions with the passage of equality of opportunity legislation, which aims to ensure that racial, ethnic, religious, sexual, sexual-orientation, disability and other groups are not subjected to discrimination. This chapter explores the conceptual underpinnings of discrimination and equality of opportunity using the tools of analytical moral and political philosophy.

Racial profiling appears to be morally more troubling when the racial group that is the object of the profile suffers from background injustice. This article examines two accounts of this intuition. The responsibility-based account maintains that racial profiling is morally more problematic if the higher offender rate within the profiled group is the result of social injustices for which other groups in society are responsible. The expressive harm based account maintains that racial profiling is more problematic if it makes background (...) injustice vivid and thereby causes the profiled to feel resentment. I raise problems with both accounts and suggest a third account. On the humiliation-based account, individuals who are subjected to racial profiling in a context of background injustice are placed in a situation in which they cannot prevent appearing to onlookers in a demeaning way. (shrink)

If someone says, “Asians are good at math” or “women are empathetic,” I might interject, “you're stereotyping” in order to convey my disapproval of their utterance. But why is stereotyping wrong? Before we can answer this question, we must better understand what stereotypes are and what stereotyping is. In this essay, I develop what I call the descriptive view of stereotypes and stereotyping. This view is assumed in much of the psychological and philosophical literature on implicit bias and stereotyping, yet (...) it has not been sufficiently defended. The main objection to the descriptive view is that it fails to include the common-sense idea that stereotyping is always objectionable. I argue that this is actually a benefit of the view. In the essay's final part, I put forward two hypotheses that would validate the claim that stereotyping is always morally or epistemically wrong. If these hypotheses are false—which is very likely—we have little reason to build moral or epistemic defect into the very idea of a stereotype. Moreover, we must abandon the seemingly attractive claim that judging individuals based on group membership is intrinsically wrong. (shrink)

Hardly anyone disputes that discrimination can be a grave moral wrong. Yet this consensus masks fundamental disagreements about what makes something discrimination, as well as precisely why acts of discrimination are wrong. Benjamin Eidelson develops systematic answers to those two questions. He claims that discrimination is a form of differential treatment distinguished by its special connection to the differential ascription of some property to different people, and goes on to argue that what makes some cases of discrimination intrinsically wrongful is (...) that they manifest an attitude of disrespect for the personhood of those who are disfavored. He endeavors to specify what this attitude consists in, and to demonstrate how attending to its character can help us to better understand the moral dimensions of different forms of wrongful discrimination. The book concludes with an extended discussion of racial profiling in law enforcement. (shrink)

This chapter analyses role, usefulness and challenges of invoking “irrelevance” as a deciding factor in an account of what discrimination is, or with what is wrong with it.

This article analyses the moral status of racial profiling from a consequentialist perspective and argues that, contrary to what proponents of racial profiling might assume, there is a prima facie case against racial profiling on consequentialist grounds. To do so it establishes general definitions of police practices and profiling, sketches out the costs and benefits involved in racial profiling in particular and presents three challenges. The foundation challenge suggests that the shifting of burdens onto marginalized minorities may, even when profiling (...) itself is justified, serve to prolong unjustified police practices. The valuation challenge argues that although both costs and benefits are difficult to establish, the benefits of racial profiling are afflicted with greater uncertainty than the costs, and must be comparatively discounted. Finally, the application challenge argues that using racial profiling in practice will be complicated by both cognitive and psychological biases, which together reduce the effectiveness of profiling while still incurring its costs. Jointly, it is concluded, these challenges establish a prima facie case against racial profiling, so that the real challenge consists in helping officers practice the art of the police and not see that which it is useless that they should see. (shrink)

This paper tries to explain why racial profiling involves a serious injustice and to do so in a way that avoids the problems of existing philosophical accounts. An initially plausible view maintains that racial profiling is pro tanto wrong in and of itself by violating a constraint on fair treatment that is generally violated by acts of statistical discrimination based on ascribed characteristics. However, consideration of other cases involving statistical discrimination suggests that violating a constraint of this kind may not (...) be an especially serious wrong in and of itself. To fully capture the significant wrong that occurs when racial profiling is targeted at black Americans or other similarly situated groups, it is argued that we should appeal to the idea that this basic injustice is exacerbated when it forms part of a larger pattern of similar actions that collectively realize a state of cumulative injustice. (shrink)

In this paper I propose to examine the concept of discrimination from an ethical viewpoint. In a preliminary part, I will point out which aspects of the subject matter I will focus on and which I will leave aside (II). On the basis of the Aristotelian principle “treat like cases alike”, I will continue with a very formal definition, according to which discrimination can be understood as acting in a way that implies that like cases are not treated alike. This (...) leads to the difficult question of which cases are to be considered as “alike”, or which traits can serve as morally valid reasons for identifying cases as “unlike” (III). I will argue that this question cannot be answered independently from the specific circumstances and the normative premises referred to for describing these circumstances. My conclusion is that the concept of discrimination derives its “moral strength” solely from these normative premises. As a consequence, the use of the con- cept of discrimination can often be misleading since it falsely presupposes that there is agreement about the underlying normative premises (IV). Finally, I will illustrate the argumentation using “genetic discrimination” in connection with insurance contracts as an example (V). (shrink)

Review Essay Kasper Lippert-Rasmussen, Born Free and Equal? (Oxford University Press, 2014).

An analysis of 'racism' in terms of disrespect. This article argues against the views that racism should be understood in reductive ways as, variously, an attitude of ill-will (Jorge Garcia), a cognitive object such as ideology (Tommie Shelby), a behavior (Michael Philips), or some disjunctive hybrid (Lawrence Blum). In fact, it argues that racism should be conceptually released from having any one location. The disrespect analysis favored here can accommodate a variety of important desiderata for a theory of racism.

First published: 2010; Previous edition: 2012..

We live in a morally flawed world. Our lives are complicated by what other people do, and by the harms that flow from our social, economic and political institutions. Our relations as individuals to these collective harms constitute the domain of complicity. This book examines the relationship between collective responsibility and individual guilt. It presents a rigorous philosophical account of the nature of our relations to the social groups in which we participate, and uses that account in a discussion of (...) contemporary moral theory. Christopher Kutz shows that the two prevailing theories of moral philosophy, Kantianism and consequentialism, both have difficulties resolving problems of complicity. He then argues for a richer theory of accountability in which any real understanding of collective action not only allows but demands individual responsibility. (shrink)

Motivation to Permissibility 780 III. The Deception Accounts of Wrongful Discrimination 783 IV. Discrimination from Animus and Prejudice 787 V. An Objection 789 VI. Innocent Discrimination 790 VII. Disparate Impact 793 VIII. Suspect Classifications 795..