San Diego Law Review Issue Search

Volume43
MonthNovember
Year2006
TitleReflections on Discrimination
Author(s)Alan Wertheimer
First Page945
AbstractIn 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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