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Slavny, Adam and Parr, Tom (2015) Harmless discrimination. Legal Theory, 21 (2). pp. 100-114. doi:10.1017/S1352325215000130 ISSN 1352-3252.
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Official URL: https://doi.org/10.1017/S1352325215000130
Abstract
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: | Journal Article | ||||
|---|---|---|---|---|---|
| Divisions: | Faculty of Social Sciences > School of Law | ||||
| Journal or Publication Title: | Legal Theory | ||||
| Publisher: | Cambridge University Press | ||||
| ISSN: | 1352-3252 | ||||
| Official Date: | June 2015 | ||||
| Dates: |
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| Volume: | 21 | ||||
| Number: | 2 | ||||
| Page Range: | pp. 100-114 | ||||
| DOI: | 10.1017/S1352325215000130 | ||||
| Status: | Peer Reviewed | ||||
| Publication Status: | Published | ||||
| Access rights to Published version: | Restricted or Subscription Access | ||||
| Related URLs: |
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