Making Sense of Discrimination

Ratio Juris, Vol. 27, No. 1, pp. 47-78, 2014

60 Pages Posted: 24 Mar 2013 Last revised: 31 Mar 2016

Re'em Segev

Hebrew University of Jerusalem – Faculty of Law

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Date Written: March 20, 2013

Abstract

Discrimination is a central moral and legal concept. However, it is also a contested one. Particularly, accounts of the wrongness of discrimination often rely on controversial and particular assumptions. In this paper, I argue that a theory of discrimination that relies on premises that are general (rather than unique to the concept of discrimination) and widely accepted provides a plausible (exhaustive) account of the concept of wrongful discrimination. According to the combined theory, wrongful discrimination consists of allocating a benefit that is not supported by a morally significant fact (a valid reason), or in a way that involves distributive injustice, or both.

Keywords: Discrimination, Moral Significance, Distributive Justice

JEL Classification: K10, K23, K30

Suggested Citation

Segev, Re'em, Making Sense of Discrimination (March 20, 2013). Ratio Juris, Vol. 27, No. 1, pp. 47-78, 2014. Available at SSRN: https://ssrn.com/abstract=2237557

Re'em Segev (Contact Author)

Hebrew University of Jerusalem – Faculty of Law ( email )

Mount Scopus
Jerusalem, 91905
Israel

HOME PAGE: http://en.law.huji.ac.il/people/reem-segev

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