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HARMLESS DISCRIMINATION

Slavny, A and Parr, T (2015) 'HARMLESS DISCRIMINATION.' Legal Theory, 21 (2). 100 - 114. ISSN 1352-3252

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Abstract

Copyright © 2016 Cambridge University Press. In Born Free and Equal: A Philosophical Inquiry into the Nature of Discrimination, Kasper Lippert-Rasmussen defends the harm-based account of the wrongness of discrimination, which explains the wrongness of discrimination with reference to the harmfulness of discriminatory acts. Against this view, we offer two objections. The conditions objection states that the harm-based account implausibly fails to recognize that harmless discrimination can be wrong. The explanation objection states that the harm-based account fails adequately to identify all of the wrong-making properties of discriminatory acts. We argue that the structure of a satisfactory view cannot be outcome-focused. A more promising family of views focuses on the deliberation of the discriminator and in particular on the reasons that motivate or fail to motivate her action.

Item Type: Article
Subjects: B Philosophy. Psychology. Religion > BJ Ethics
K Law > K Law (General)
Divisions: Faculty of Social Sciences > Government, Department of
Depositing User: Tom Parr
Date Deposited: 03 Dec 2015 17:15
Last Modified: 30 Jan 2019 12:15
URI: http://repository.essex.ac.uk/id/eprint/15567

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