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When Is Discrimination Wrong? [Hardcover]

Deborah Hellman (Author)
5.0 out of 5 stars  See all reviews (1 customer review)

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Book Description

0674027973 978-0674027978 May 30, 2008

A law requires black bus passengers to sit in the back of the bus. The U.S. Food and Drug Administration approves a drug for use by black heart failure patients. A state refuses to license drivers under age 16. A company avoids hiring women between the ages of 20 and 40. We routinely draw distinctions among people on the basis of characteristics that they possess or lack. While some distinctions are benign, many are morally troubling.

In this boldly conceived book, Deborah Hellman develops a much-needed general theory of discrimination. She demonstrates that many familiar ideas about when discrimination is wrong—when it is motivated by prejudice, grounded in stereotypes, or simply departs from merit-based decision-making—won’t adequately explain our widely shared intuitions.

Hellman argues that, in the end, distinguishing among people on the basis of traits is wrong when it demeans any of the people affected. She deftly explores the question of how we determine what is in fact demeaning.

Claims of wrongful discrimination are among the most common moral claims asserted in public and private life. Yet the roots of these claims are often left unanalyzed. When Is Discrimination Wrong? explores what it means to treat people as equals and thus takes up a central problem of democracy.

(20080904)

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Editorial Reviews

Review

Although democracy is committed to an ideal of equal treatment, we do not always agree on what that commitment requires. In this bold effort to work out when we may morally draw distinctions among people, Deborah Hellman unearths assumptions and unspoken biases that have invisibly corrupted political debates, such as those about affirmative action and the accommodation of the disabled. Cutting through misleading distinctions and false dichotomies, she gets to the heart of what equality means.
--Rebecca Brown, Allen Professor of Law, Vanderbilt University

Deborah Hellman has produced one of the most thoughtful and engaging works on equality I know, beautifully written and meticulously argued. Anyone who thinks seriously about equality and discrimination must take account of her argument.
--Louis Michael Seidman, Professor of Constitutional Law, Georgetown University

In a thoughtful analysis, Hellman argues that discrimination is a demeaning speech-act, and is wrongful on these grounds rather than in virtue of its motivation or effects. Her book is an important contribution to the literature on discrimination and expressive theories of law.
--Matthew D. Adler, Professor of Law, University of Pennsylvania Law School

In When Is Discrimination Wrong? Deborah Hellman has taken on the important and difficult task of trying to establish logically consistent rules for determining just where in that fuzzy territory the line between legitimate and illegitimate discrimination should be drawn. Hellman's writing is clear and engaging, her examples relevant to the daily lives of many...Read Hellman's book as a very competent spur to thinking through for yourself the issues involved in appropriate and inappropriate discrimination. There'll probably be a fly in the ointment of the thesis you come up with too, but the process of thinking it all through can only be good for us all.
--Wendy Johnson (Times Higher Education Supplement )

[Hellman] has provided a coherent, thoughtful approach that advances understanding of this intractable problem.
--P. J. Galie (Choice )

About the Author

Deborah Hellman is Professor of Law at the University of Maryland School of Law.

Product Details

  • Hardcover: 216 pages
  • Publisher: Harvard University Press (May 30, 2008)
  • Language: English
  • ISBN-10: 0674027973
  • ISBN-13: 978-0674027978
  • Product Dimensions: 9.3 x 6.2 x 1 inches
  • Shipping Weight: 1.1 pounds (View shipping rates and policies)
  • Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
  • Amazon Best Sellers Rank: #1,996,484 in Books (See Top 100 in Books)

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7 of 7 people found the following review helpful:
5.0 out of 5 stars The cure for the "I know discrimination when I see it" argument., June 6, 2008
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This review is from: When Is Discrimination Wrong? (Hardcover)
"Isn't discrimination always wrong?" That's what people say when they see the deliberately provocative title of this book. Of course in reality the issue isn't so simple. Is it wrong for the FDA to approve a particular drug for African Americans specifically if it addresses a health problems of that population? Is it wrongful discrimination for a nursing home for women to only hire women as attendants? Most of us know wrongful discrimination when we see it: separate but equal; blacks forced to sit at the back of the bus; ethnic quotas on immigration; glass ceilings, etc... But what is it precisely that makes wrongful discrimination wrong? How does that apply to the vague and thorny gray areas where all the trouble lies?

Deborah Hellman does a terrific job of framing the problem, summarizing existing scholarship and legal theory on the subject, and then coming to her own conclusions. She very clearly puts each theoretical argument in its place and then draws an all encompassing frame around them - a bedrock principle that cuts to the heart of the issue and neatly addresses its core. She states it clearly at the conclusion of Chapter 1: "Discrimination is wrong when it demeans. To demean is to treat another as less worthy." She spends the rest of the book precisely defining her terms (for example membership in a stigmatized group matters) and carefully examining alternatives and counter arguments. By bringing everything back to a simple moral principle her work feels in spirit akin to those of the framers of the constitution. It's that kind of clear and powerful thinking: reduction to first principles; simple truths that we hold to be self evident.

Hellman's analysis is deep. She addresses case law, sure, but also sociology and philosophy (both semantics and moral). We hear from Irving Goffman John Hart Ely, Owen Fiss, Catherine McKinnon, Ronald Dworkin, Christopher McCrudden, Brian Leiter, and many others. She addresses the issue of the role of group identity (both in terms of history of mistreatment and social disadvantage and to how it relates to offense against the individual versus just the group as a whole). She addresses the question of merit as a form of positive discrimination - devotes a whole chapter to it, defining the limits of the various approaches and how her central thesis puts limits on how drawing merit distinctions should be used. This is a short, dense, book. Hellman's language is economical. The subject requires abstract thinking quite often, which is difficult. Hellman bends over backwards to help you keep the fine distinctions in focus, frequently summarizing, reviewing, and restating her conclusions.

To say that this book influenced my perception of the issue is an understatement. It certainly educated me on the issue of wrongful discrimination and I will never again be able to view the issue without considering her analysis. However, her argument is so pervasive and well organized that its instructional power extends beyond just the topic at hand - it is really a clinic on how to think about any moral issue. Highly recommended.
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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
classification demeans, constitutionally permissible rules, drawing distinctions among people, moral merit principle, wrongful discrimination, practice demeans, modest objectivity, discrimination wrong, male service members, ideal epistemic conditions, terror bomber, equal moral worth, rational race, current social status, local applicants, makeup requirement, distinction drawing, interpretive judgments, gendered people, accurate proxy, minimal conception, moral permissibility, moral equals, thought that counts, rational discrimination
Key Phrases - Capitalized Phrases (CAPs): (learn more)
African Americans, The Basic, John Hart Ely, Justice Brennan, Red Sox, Equal Protection Clause, Azar Nafisi, Glenn Loury, Jean Hampton, Real Rule
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Front Cover | Front Flap | Table of Contents | First Pages | Index | Back Flap | Back Cover | Surprise Me!
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