Taming the Biased Black Box? On the Potential Role of Behavioral Realism in Anti-Discrimination Policy

21 Pages Posted: 2 Feb 2013 Last revised: 6 Apr 2015

See all articles by Alexander Graser

Alexander Graser

University of Regensburg; Hertie School of Governance

Ana Alfinito Vieira

Max Planck Institute for the Study of Societies

Date Written: October 1, 2012

Abstract

Anti-discrimination laws have for long been established in many legal systems, and the respective body of rules has constantly grown. But findings from social psychology research suggest that these policies are based on unrealistic premises and are therefore bound to remain unsuccessful. While legal scholarship has begun to reflect upon these insights and discussed a number of individual policy responses, this essay seeks to provide a more comprehensive framework within which the implications of implicit social cognition for anti-discrimination policies can be understood, and to map out the range of reform options for anti-discrimination policy.

Keywords: Anti-discrimination policy, equality-oriented policies, implicit social cognition, implicit bias, affirmative action

Suggested Citation

Graser, Alexander and Alfinito Vieira, Ana, Taming the Biased Black Box? On the Potential Role of Behavioral Realism in Anti-Discrimination Policy (October 1, 2012). Available at SSRN: https://ssrn.com/abstract=2209999 or http://dx.doi.org/10.2139/ssrn.2209999

Alexander Graser

University of Regensburg ( email )

93040 Regensburg
D-93040 Regensburg, 93053
Germany

Hertie School of Governance

Schlossplatz 1
Berlin, 10178
Germany

Ana Alfinito Vieira (Contact Author)

Max Planck Institute for the Study of Societies ( email )

Paulstr. 3
50676 Koln
Germany

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