The Limited Case for Discrimination's Legality

18 Pages Posted: 9 Jan 2020

See all articles by Avihay Dorfman

Avihay Dorfman

Tel Aviv University - Buchmann Faculty of Law

Date Written: December 19, 2019

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

Suggested Citation

Dorfman, Avihay, The Limited Case for Discrimination's Legality (December 19, 2019). Available at SSRN: https://ssrn.com/abstract=3506555 or http://dx.doi.org/10.2139/ssrn.3506555

Avihay Dorfman (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv 69978, IL
Israel

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