The Limited Case for Discrimination's Legality

Abstract

Is there something about law — and legality, more generally — that makes certain morally wrongful acts of market discrimination legal? The ambition of this paper is to identify a limited case for the legality of (morally wrongful) discrimination. This case is grounded in a concern for free agency, namely, that treating persons as free and equal agents requires recognizing them as entitled to change their minds by revising their discriminatory motivations and acting in conformity with the demands of right reason.

Keywords: freedom, agency, discrimination, market discrimination

JEL Classification: K10, K12, K42