Can Normative Accounts of Discrimination Be Guided by Anti-discrimination Law? Should They?
A Critical Note on Sophia Moreau's Faces of Inequality: A Theory of Wrongful Discrimination
In her recent book, Faces of Inequality (2020), Moreau aims at developing a normative account of discrimination that is guided by the main features of anti-discrimination law. The critical comment argues against this methodology, indicating that due to indeterminacy relative to their underlying normative principles, central anti-discrimination norms cannot fulfill this guiding role. Further, using the content of such norms to guide ethical discussions is likely to be misleading, as it reflects evidentiary considerations that are unique to the legal context. The critical comment’s claims are developed based on a close examination of indirect discrimination (or disparate impact) norms, and, as such, have wider implications for ongoing moral and political debates that are heavily influenced by the content of these norms.
How to Cite
Copyright (c) 2022 Rona Dinur
This work is licensed under a Creative Commons Attribution 4.0 International License.