Introduction to Contemporary Theories of Discrimination
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Questions and Answers

What is a significant concern regarding statistical discrimination when considering its impact on society?

  • It can be efficiently applied without any legal implications.
  • Its social costs may outweigh any perceived benefits. (correct)
  • It generally provides equal opportunities for all demographic groups.
  • It always leads to an improved decision-making process.
  • What is one critique of racial profiling in law enforcement as outlined in the content?

  • Racial profiling may be rational but should be seriously reconsidered due to its long-term implications. (correct)
  • Racial profiling is universally accepted among law enforcement entities.
  • Racial profiling never changes and remains a constant strategy.
  • Profiling is not subject to adaptations based on criminal strategies.
  • Which of the following statements aligns with the argument against racial and statistical profiling?

  • Racial profiling has proven to be a completely effective policing strategy.
  • Statistical profiles are always accurate for decision-making in law enforcement.
  • Racial profiling is commonly viewed as a legitimate practice.
  • Social implications of racial profiling can reinforce stereotypes and discrimination. (correct)
  • How does Harcourt's reasoning about racial profiling relate to the larger societal framework?

    <p>It ignores the evolving nature of law enforcement and criminal strategies. (B)</p> Signup and view all the answers

    What is one reason given for why racial profiling could lead to its overuse as a proxy?

    <p>Historical and sociological contexts can influence the misuse of race as a proxy. (B)</p> Signup and view all the answers

    What is one potential effect of non-statistical discrimination on statistical discrimination?

    <p>It can lead to correlations that reinforce stereotypes. (A)</p> Signup and view all the answers

    What correlation is mentioned between sex and life expectancy?

    <p>Women were charged higher insurance premiums due to their life expectancy. (A)</p> Signup and view all the answers

    Which statistic about Black individuals and arrests is highlighted?

    <p>60% of those arrested are Black, despite representing 13% of the population. (D)</p> Signup and view all the answers

    How can racial stereotypes impact robbery dynamics according to the discussed research?

    <p>Perceived race can influence victim resistance and affect the profitability of robbery. (D)</p> Signup and view all the answers

    Which of the following factors contributes to a higher likelihood of individuals resorting to illegal behavior?

    <p>Widespread discrimination in the job market. (B)</p> Signup and view all the answers

    What legal case banned higher insurance premiums for women based on life expectancy?

    <p>City of Los Angeles v. Manhart (C)</p> Signup and view all the answers

    What underlying assumption is often made regarding income, race, and crime?

    <p>Income and wealth can influence the probabilities of victim resistance and offender violence. (D)</p> Signup and view all the answers

    What does the statistical discrimination concept imply about decision-making?

    <p>Decisions may rely on correlations that are influenced by past discrimination. (B)</p> Signup and view all the answers

    What is a consequence of enduring racial stereotypes associated with blackness according to the content?

    <p>They can influence the likelihood of victim resistance during robberies. (D)</p> Signup and view all the answers

    Which group was found to be significantly overrepresented in incarceration rates relative to their population size?

    <p>Black individuals (C)</p> Signup and view all the answers

    What does Deborah Hellman argue about discrimination in her meaning-focused account?

    <p>Discrimination is wrong when it expresses a demeaning message about someone's worth. (C)</p> Signup and view all the answers

    In what way does Hellman suggest discrimination can be perceived?

    <p>It may be non-intentional yet still convey a demeaning message. (A)</p> Signup and view all the answers

    What legal example highlights a bona fide occupational qualification related to discrimination?

    <p>The case of Fesel v. Masonic Home of Delaware. (D)</p> Signup and view all the answers

    What primary factor does Hellman believe determines the wrongness of discrimination?

    <p>The moral worth attributed to the discriminatee. (C)</p> Signup and view all the answers

    What is the main effect of statistical discrimination on stereotypes?

    <p>It makes stereotypes self-sustaining. (A)</p> Signup and view all the answers

    How does the 1964 Civil Rights Act address discrimination in employment?

    <p>It allows for certain exceptions based on occupational qualifications. (A)</p> Signup and view all the answers

    In the context of cab drivers and young black men, what creates a self-fulfilling prophecy?

    <p>The drivers' reluctance to pick up all young men. (C)</p> Signup and view all the answers

    What is a consequence of the legal prohibition of race-based statistical discrimination?

    <p>It prevents bias regardless of statistical evidence. (C)</p> Signup and view all the answers

    What role do long-term consequences play in the discussion of discrimination?

    <p>They can sometimes provide justification for initially discriminatory actions. (D)</p> Signup and view all the answers

    What can result from statistical discrimination in hiring practices?

    <p>Making decisions based on aggregate group characteristics rather than individual merit. (A)</p> Signup and view all the answers

    How does the decision in Batson v. Kentucky relate to racial discrimination?

    <p>It prohibits race-based challenges to jurors. (D)</p> Signup and view all the answers

    What role does income play in perceptions of crime within racial groups?

    <p>Lower income may increase the likelihood of being perceived as criminal. (A)</p> Signup and view all the answers

    What can be a consequence of racial stereotypes in criminal justice?

    <p>They can lead to longer sentences for minority groups based on perceived threats. (C)</p> Signup and view all the answers

    What does the expression 'self-fulfilling prophecies of discrimination' imply?

    <p>Discriminatory beliefs can lead to actions that reinforce those beliefs. (B)</p> Signup and view all the answers

    What does Bernard Harcourt critique regarding racial profiling?

    <p>It incentivizes negative behavior rather than preventing it. (C)</p> Signup and view all the answers

    Why is understanding the analytical distinction between statistical and racial discrimination important?

    <p>It allows for effective legal strategies against discrimination. (D)</p> Signup and view all the answers

    In which scenario might discrimination be legally justified under U.S. law?

    <p>When customer preferences reflect an unwillingness to engage with certain groups. (B)</p> Signup and view all the answers

    What generally happens when cab drivers avoid picking up young black men?

    <p>It leads to a reinforcing cycle of negative expectations. (A)</p> Signup and view all the answers

    What is a key reason for advocating a blanket prohibition on the usage of race as a proxy?

    <p>Enforcement could be too difficult or costly. (B)</p> Signup and view all the answers

    According to Rawls, how should theories of justice treat race-based discrimination?

    <p>They must align with the belief that it is wrong. (A)</p> Signup and view all the answers

    What concept does Dworkin introduce that distinguishes between two types of moral issues?

    <p>Choice-sensitive and choice-insensitive. (A)</p> Signup and view all the answers

    Why is focusing solely on immutability or uncontrollability seen as a weakness in understanding discrimination?

    <p>Some forms of discrimination are illegal regardless of the individual characteristics. (C)</p> Signup and view all the answers

    What is implied about discrimination when considering the effects-focused account?

    <p>All forms of discrimination inherently have consequences on individuals. (C)</p> Signup and view all the answers

    What moral reasoning follows from the idea of discrimination being a choice-insensitive issue?

    <p>Certain actions, like slavery, are inherently wrong regardless of societal beliefs. (C)</p> Signup and view all the answers

    How can utilitarian reasoning apply to certain types of discrimination?

    <p>Utilitarianism can assert that some discrimination is acceptable for societal benefits. (D)</p> Signup and view all the answers

    What is a significant drawback of allowing race as a proxy in statistical discrimination?

    <p>It may reinforce existing prejudices and stereotypes. (D)</p> Signup and view all the answers

    In the context of legal implications, what is often true concerning discrimination laws?

    <p>Legal frameworks often fail to address morally objectionable discrimination. (D)</p> Signup and view all the answers

    What does the concept of self-fulfilling prophecies of discrimination imply?

    <p>Anticipated discrimination can lead individuals to act in ways that confirm stereotypes. (A)</p> Signup and view all the answers

    Flashcards

    Statistical Discrimination

    Using group averages to make decisions about individuals, potentially leading to harmful stereotypes.

    Self-Fulfilling Prophecy (Statistical Discrimination)

    A prediction that directly or indirectly causes itself to become true, perpetuating stereotypes.

    Race-Based Statistical Discrimination

    Using race as a proxy to predict behavior, often with negative consequences and perpetuating inequality.

    Batson v. Kentucky

    Landmark U.S. Supreme Court case prohibiting the use of race as a factor in jury selection.

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    Legal Prohibition of Race-Based Statistical Discrimination

    Rules against using race as a shortcut for predicting individual behavior, regardless of whether race is related to outcome.

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    Racial Profiling (as Law Enforcement Strategy)

    A law enforcement strategy that may negatively impact a group of people based on perceived group characteristics.

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    Bernard Harcourt's critique

    Critique of racial profiling as a law enforcement strategy, emphasizing its detrimental consequences.

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    Income as a proxy

    Using income as a way to estimate other characteristics, such as a willingness to resist discrimination

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    Discrimination

    Action or practice based on prejudice, treating a person or group differently from others.

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    Race-based affirmative action

    Policies that favor individuals from certain racial groups to address past or present discrimination.

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    Expressive value of discrimination

    The meaning conveyed by discriminatory actions, impacting those discriminated against.

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    Demeaning message

    A message denying the target's equal moral worth, potentially stigmatizing or degrading.

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    Bona Fide Occupational Qualification (BFOQ)

    Legitimate reason to discriminate based on characteristics like sex, religion, or national origin in certain jobs.

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    1964 Civil Rights Act, Title VII

    U.S. law prohibiting employment discrimination based on race, color, religion, sex, and national origin.

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    Fesel v. Masonic Home of Delaware

    A case where a retirement home used customer preferences as a BFOQ for not hiring male nurses.

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    Long-term consequences of discrimination

    Potential positive outcomes despite initial unfairness, for instance, a victim leaving a discriminatory country.

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    Jewish applicant, 1939 Germany

    A hypothetical example showing how leaving a discriminatory country could lead to a better outcome for the applicant.

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    Intentional discrimination

    Discrimination carried out knowingly and purposefully.

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    Choice-insensitive issue

    A moral issue where the right answer doesn't depend on individual preferences or beliefs. It's inherently wrong, regardless of popular opinion.

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    Choice-sensitive issue

    A moral issue where the right answer depends on the preferences of a community. What's right can change depending on what people want.

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    Why is discrimination wrong?

    It's not based on individual actions or choices but on inherent qualities, leading to unfair treatment. It's a choice-insensitive issue.

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    Immutability justification for discrimination

    The argument that discrimination is wrong if based on immutable or uncontrollable traits like race or gender.

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    Weaknesses of immutability argument

    It doesn't explain why discrimination against mutable traits (like age) or controllable traits (like religion) is wrong.

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    Effects-focused argument for discrimination

    The argument that discrimination is always wrong because it negatively impacts individuals.

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    Weaknesses of effects-focused argument

    It doesn't explain why discrimination itself is inherently wrong, only the negative outcomes.

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    The moral dilemma of statistical discrimination

    Even if statistically accurate, using race as a proxy can perpetuate harmful societal patterns, raising ethical concerns.

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    Rational Racial Profiling

    The idea that racial profiling, despite being potentially discriminatory, can be justified if it is seen as statistically efficient in predicting criminal behavior.

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    Social Costs of Statistical Discrimination

    Even if a decision-maker finds using statistical discrimination efficient, it can have negative consequences for society as a whole. These consequences can include distrust, reduced public health, and reinforcement of stereotypes.

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    Overuse of Racial Proxy

    While race as a proxy for specific characteristics can have statistical relevance, it can also be misused. The history of racism creates a concern that race may be overused, leading to further discrimination.

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    Officious Racial Profiling

    The practice of racial profiling is often concealed and illegal, making its true extent difficult to measure. This concealment, considered 'officious,' exacerbates its negative effects.

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    Dynamic Interaction Process

    Law enforcement institutions aren't static; they adapt to strategies of criminals, potentially evolving their profiling practices. This means any initial profile may change over time.

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    Correlation vs. Causation

    A correlation between two factors doesn't necessarily mean one caused the other. There might be other underlying factors at play.

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    Statistical Discrimination in Insurance

    Using group averages (like life expectancy by sex) to set insurance premiums, potentially disadvantaging groups.

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    Race and Crime Correlation

    There's a correlation between race and crime rates, but it's not a simple cause-and-effect relationship.

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    Discrimination and Illegal Activity

    Discrimination can create a cycle where limited opportunities lead to higher chances of resorting to illegal activities for income.

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    Robbery and Victim Resistance

    Perceived race of the offender can influence victim resistance, impacting the profitability of robbery.

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    Racial Stereotypes and Robbery

    Stereotypes linking race to violence can lead to assumptions about victim resistance and impact robbery dynamics.

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    Dynamic Interaction in Robbery

    Robbery involves a dynamic interplay between offender actions and victim responses, influenced by factors like perceived race and wealth.

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    Income as a Proxy for Risk

    Income can be used as a proxy for estimating other characteristics, like the likelihood of victim resistance in robbery.

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    Self-Fulfilling Prophecy in Crime

    When stereotypes about race and crime lead to actions that reinforce those stereotypes, creating a vicious cycle.

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    Statistical Discrimination and Social Context

    Statistical discrimination is embedded within a complex social context, where historical and ongoing injustices play a significant role.

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    Study Notes

    Introduction to Contemporary Theories of Discrimination

    • Readings:
      • Schauer, Profiles, Probabilities and Stereotypes, 2003
      • Singer, “Is racial discrimination arbitrary?”, 1978
    • Statistical Discrimination: When is discrimination wrong?

    I- A Reminder on the Concept of Discrimination

    • A) Pre-conditions of Discrimination:
      • Equality as a public value
      • Scarcity of valuable goods
      • Violation of normative distribution principle
      • Rejection of libertarian state conception
    • B) Definition of Discrimination:
      • A practice that creates relative disadvantage on individuals regarding the distribution of scarce goods based on perceived group membership.
    • C) Typology of Discrimination:
      • Direct/Indirect
      • Intentional/Non-intentional
      • Four-cell matrix
    • D) The Puzzle:
      • Decline of racist beliefs vs. persistence of discriminatory practices
      • Studies show significant racial discrimination post-civil rights era, despite decline in racist ideologies.

    II- The Economic Approach of Discrimination

    • A) Gary Becker's Model:

      • 1) Presentation: Discrimination driven by taste (economic irrationality).
        • Employers would bracket financial interests to avoid hiring black employees.
        • Discriminatory "taste" is costly (firm productivity decreases).
        • Discrimination would disappear due to competitive pressures in free markets.
    • Critique: - Reaction qualifications: Model assumes labor supply equals demand; discrimination cost decreases when labor supply exceeds demand.

    • B) Statistical Discrimination:

      • 1) Definition: Discrimination based on the correlation between a visible trait (e.g., race) and an unobservable attribute (e.g., reliability).
        • Decision-makers use a proxy (visible trait) in lieu of needing to assess the unobservable attribute.
      • 2) Sub-optimal proxies: Decision proxies, though not perfect, can be useful, if accurate.
      • 3) Distinguishing: Finding when racist discrimination is distinct from statistical discrimination can be difficult.
      • 4) Racial Profiling: Decision-makers often have a practical understanding of correlations without formalizing them into statistics.
      • 5) Statistical Discrimination Limitations: Can be easier to enact and enforce legally due to clear criteria. Race is often used as a proxy to make broad generalizations.

    III- The Moral Approach of Discrimination

    • A) Moral Status of Discrimination:
      • Choice-insensitive issue: Discrimination is always wrong, regardless of individual or societal desires.
    • B) Immutability/uncontrollability-focused account criticisms: Individual features as reasons for discrimination aren't always immutable, unchangeable, or uncontrollable.
    • C) Effects-focused account criticisms: If discrimination has positive consequences (e.g. better racial representation through policies) then it could be justified.
    • D) Deborah Hellman's Meaning-focused account: Discrimination is morally wrong if it sends a demeaning or degrading message of unequal worth.
    • E) Confirming law illustration from U.S. case law:
      • Illegal discrimination in employment based on race, sex, religion; often, bona fide occupational qualification are allowed.

    Conclusion

    • Social, Relational Equality (Elizabeth Anderson):
      • Discrimination is wrong when it violates the equal dignity of all people.
      • Focus on the creation of a society of equals.

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    This quiz explores the contemporary theories of discrimination, including essential readings and the statistical implications of discriminatory practices. It covers the definitions, pre-conditions, and typology of discrimination, shedding light on the paradox of declining racist beliefs amidst persistent discriminatory practices. Dive into the complexities of discrimination in today's society.

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