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  1. But Some Groups Are More Equal Than Others: A Critical Review of the Group-Criterion in the Concept of Discrimination.Frej Klem Thomsen - 2013 - Social Theory and Practice 39 (1):120-146.
    In this article I critically examine a standard feature in conceptions of discrimination: the group-criterion, specifically the idea that there is a limited and definablegroup of traits that can form the basis of discrimination. I review two types of argument for the criterion. One focuses on inherently relevant groups and relies ultimately on luck-egalitarian principles; the other focuses on contextually relevant groups and relies ultimately on the badness of outcomes. I conclude that as neither type of argument is convincing, the (...)
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  2. Stealing Bread and Sleeping Beneath Bridges - Indirect Discrimination as Disadvantageous Equal Treatment.Frej Klem Thomsen - 2015 - Moral Philosophy and Politics 2 (2):299-327.
    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 (...)
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  3. The teleological account of proportional surveillance.Frej Klem Thomsen - 2020 - Res Publica (3):1-29.
    This article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the (...)
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  4. Prostitution, disability and prohibition.Frej Klem Thomsen - 2015 - Journal of Medical Ethics 41 (6):451-459.
    Criminalisation of prostitution, and minority rights for disabled persons, are important contemporary political issues. The article examines their intersection by analysing the conditions and arguments for making a legal exception for disabled persons to a general prohibition against purchasing sexual services. It explores the badness of prostitution, focusing on and discussing the argument that prostitution harms prostitutes, considers forms of regulation and the arguments for and against with emphasis on a liberty-based objection to prohibition, and finally presents and analyses three (...)
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  5. The concepts of surveillance and sousveillance: A critical analysis.Frej Klem Thomsen - 2019 - Social Science Information 58 (4):701-713.
    The concept of surveillance has recently been complemented by the concept of sousveillance. Neither term, however, has been rigorously defined, and it is particularly unclear how to understand and delimit sousveillance. This article sketches a generic definition of surveillance and proceeds to explore various ways in which we might define sousveillance, including power differentials, surreptitiousness, control, reciprocity, and moral valence. It argues that for each of these ways of defining it, sousveillance either fails to be distinct from surveillance or to (...)
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  6. The Ethics of Police Body-Worn Cameras.Frej Klem Thomsen - 2020 - Moral Philosophy and Politics 7 (1):97-121.
    Over the past decade, police departments in many countries have experimented with and increasingly adopted the use of police body-worn cameras. This article aims to examine the moral issues raised by the use of PBWCs, and to provide an overall assessment of the conditions under which the use of PBWCs is morally permissible. It first reviews the current evidence for the effects of using PBWCs. On the basis of this review the article sets out a teleological argument for the use (...)
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  7. The Art of the Unseen: Three challenges for Racial Profiling.Frej Klem Thomsen - 2011 - The Journal of Ethics 15 (1-2):89 - 117.
    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 (...)
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  8. Three Lessons For and From Algorithmic Discrimination.Frej Klem Thomsen - 2023 - Res Publica (2):1-23.
    Algorithmic discrimination has rapidly become a topic of intense public and academic interest. This article explores three issues raised by algorithmic discrimination: 1) the distinction between direct and indirect discrimination, 2) the notion of disadvantageous treatment, and 3) the moral badness of discriminatory automated decision-making. It argues that some conventional distinctions between direct and indirect discrimination appear not to apply to algorithmic discrimination, that algorithmic discrimination may often be discrimination between groups, as opposed to against groups, and that it is (...)
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  9. Algorithmic Indirect Discrimination, Fairness, and Harm.Frej Klem Thomsen - 2023 - AI and Ethics.
    Over the past decade, scholars, institutions, and activists have voiced strong concerns about the potential of automated decision systems to indirectly discriminate against vulnerable groups. This article analyses the ethics of algorithmic indirect discrimination, and argues that we can explain what is morally bad about such discrimination by reference to the fact that it causes harm. The article first sketches certain elements of the technical and conceptual background, including definitions of direct and indirect algorithmic differential treatment. It next introduces three (...)
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  10. Concept, principle, and norm—equality before the law reconsidered.Frej Klem Thomsen - 2018 - Legal Theory 24 (2):103-134.
    Despite the attention equality before the law has received, both laudatory and critical, peculiarly little has been done to precisely define it. The first ambition of this paper is to remedy this, by exploring the various ways in which a principle of equality before the law can be understood and suggest a concise definition. With a clearer understanding of the principle in hand we are better equipped to assess traditional critique of the principle. Doing so is the second ambition of (...)
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  11. Why Should We Care What the Public Thinks? A Critical Assessment of the Claims of Popular Punishment.Frej Klem Thomsen - 2014 - In Jesper Ryberg & Julian V. Roberts (eds.), Popular Punishment. Oxford University Press. pp. 119-145.
    The article analyses the necessary conditions an argument for popular punishment would need to meet, and argues that it faces the challenge of a dilemma of reasonableness: either popular views on punishment are unreasonable, in which case they should carry no weight, or they are reasonable, in which case the reasons that support them, not the views, should carry weight. It proceeds to present and critically discuss three potential solutions to the dilemma, arguing that only an argument for the beneficial (...)
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  12. Vaccineskepsis, forældreautonomi og ytringsfrihed.Frej Klem Thomsen - 2018 - Politica 50 (2):177-200.
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  13. There but for the Grace of My Orbitofrontal Cortex …. [REVIEW]Frej Klem Thomsen - 2014 - Criminal Justice Ethics 33 (3):220-235.
    The human brain, with its 100 billion neurons working in intricate collaborations to create the physical basis of the memories, perceptions, thoughts, and emotions that together make me the person...
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