Reflections on Discrimination

Wertheimer, Alan

Journal: San Diego Law Review

Volume: 43

First Page: 945

Year: 2006

Bluebook Citation: 43 SAN DIEGO L. REV. 945 (2006)

Author: Alan Wertheimer: all 3 publications


Abstract

In the background are two claims that I want to put on the table. First, although it may be wrong for people to engage in a particular form of discrimination, it does not follow that the government should seek to prevent that discrimination. Second, although it may not be wrong for people to engage in a particular form of discrimination, it does not follow that it would be wrong for the government to seek to prevent that discrimination or to mitigate its effects. The wrongness of individual behavior is obviously related to the justifiability of state action, but the correlation is by no means perfect.

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