Relational and Distributive Discrimination

Abstract Recent philosophical accounts of discrimination face challenges in accommodating robust intuitions about the particular way which it is wrongful—most prominently, intuition that discriminatory actions intrinsically violate equality irrespective their contingent consequences. The paper suggests we understand normative structure a different from one implicitly assumed by these accounts. It argues core wrongs—such as segregation Apartheid South Africa—divide into two types, corresponding to violations relational and distributive equality; pluralistic view internal each type should be adopted. This serves appropriately vindicate mentioned intuitions; also contributes clarifying underpinnings legal concepts associated with (including distinctions between direct indirect, or ‘disparate treatment/impact’ discrimination, intentional vs. unintentional discrimination), developing more productive public discourse around allegations discrimination.