Discrimination

In General

Antidiscrimination in Health Care: Community Ratings and Pre-Existing Conditions (Summary)
by Richard A. Epstein
"In Antidiscrimination In Health Care: Community Rating Systems and Preexisting Conditions, legal scholar Richard A. Epstein critically examines two ways insurers are said to discriminate unfairly: in pricing insurance according to health risk, and in limiting coverage of those who suffer from certain medical conditions before they obtained insurance."

Capitalism: Discrimination's Implacable Enemy
by John Hood
"It is important to understand the role of profit-seeking business in eliminating disparities in income and economic opportunity that are based on racism and sexism. For groups kept from realizing the American dream by the prejudices and failures of the past, the best hope for progress in the future is an economy populated with companies whose managers put performance and profitability first."

The Case for Elites
by Murray N. Rothbard

Compromising the Uncompromisable: Discrimination
by Walter Block

Conventional Wisdom: Rediscovering the social norms that stand between law and liberininsm
by Jonathan Rauch
"Some especially conservative parents are indignant because sexual adventuring is too visible, while some especially radical adventurers are indignant because they are not allowed to copulate in front of City Hall. Everyone else wishes the conservatives and the radicals would stop pushing the envelope before the bargain collapses altogether, leaving nothing but cops and politicians and lawyers to tell us how to behave. In the end, the man who wants to replace norms with nothing is the best friend of the man who wants to replace norms with laws."

Discrimination
by Dr. Mary Ruwart
The good doctor answers tough questions about discrimination in a free society.

Discrimination: An Interdisciplinary Analysis
by Walter Block

Discrimination and Liberty
by Walter E. Williams
"While many of us, including me, find some aspects of racial discrimination morally repulsive, we must at the same time recognize that freedom of association should be our overreaching value. Valuing freedom of association does not mean that we are helpless in registering revulsion to various forms of discrimination. There are private social sanctions that can be exercised similar to those exercised when people behave impolitely, use vulgar language, or disrespect elders."

Discrimination can be just without being fair.
by Roy Halliday
"The right to own property entails the right to discriminate. This right does not depend on the owner being reasonable or fair."

The Economics and Politics of Discrimination
by George C. Leef
"In this brief essay, I have argued that the belief that racial discrimination is the fault of prejudice-blinded businessmen who refuse to hire minority group members is entirely wrong. There is probably no institution in society where color is as irrelevant as in the free market. In the commercial world, making money is what counts, and discrimination gets in the way of doing that."

The Economics of Discrimination
by Llewellyn H. Rockwell, Jr.
"Small companies routinely do anything within the law to avoid advertising for new positions. Why? Government at all levels now sends out testers to entrap business in the crime of hiring the most qualified person for a job. Pity the poor real estate agent and the owner of rental units, who walk the civil rights minefield everyday. If any of these people demonstrate more loyalty to the customer than to the government, they risk bringing their businesses to financial ruin."

Equality and the Internet
by Llewellyn H. Rockwell, Jr.
"Each person chooses according to individual preferences. That the members of one group tend to make different choices than the members of another group says nothing about who is oppressing whom, much less about what the political response should be to demographic trivialities."

The Forgotten Right of Association
October 1989
by David Hood
"The world will not end just because the Rotary Club and Century Club have to admit women members. In fact, the clubs themselves may be better off in the long run. However, the principle of free human interaction itself is ending, if government decides it can invade the private sphere of its citizens with impunity. Freedom of association is an integral part of our Constitutional liberty, as well as a primary means of pursuing happiness. But in the final analysis, it is also an important weapon in the continual struggle against “Big Brother” statism. A society not free to associate is not free to do much else, either."

In Defense of Discrimination
by Jacob Halbrooks
"If insurance companies are not allowed to discriminate, then the whole premise of the service is defeated, and instead a socialist pool is created where one group of people subsidize another group."

The Market Makes Diversity Worth Celebrating
by Dwight R. Lee
"The less we rely on government the more we can tolerate diversity, indeed thrive from it. If only this were understood by those who see more collectivism as the best way to promote (and celebrate) diversity."

The Right to Discriminate
by Scott W. Bixler
"Much of the case for the free market is built upon the belief in the sanctity of free choice. This includes not only the freedom to trade and associate with whomever one chooses, but also, and equally important, the freedom not to trade or associate."

The right to exclude
by Llewellyn H. Rockwell, Jr.
"The word liberty conjures up a vision of endless opportunity and choice. But liberty also means the right to exclude because property owners decide questions of access. There is no right to crash a private dinner party, for example. The owners of the house have the right to invite or not invite on any grounds. Similarly, there is no right to invade a private organization."

Should the Government be Allowed to Engage in Racial, Sexual, or Other Acts of Discrimination?
by Walter Block

Some Thoughts on Discrimination
by George C. Leef
"Anti-discrimination laws not only vio late the natural fights of those against whom they are enforced, they also create injustices. Instead of further expanding the power of government over the individual as these laws do, we should instead reform our present laws to eliminate barriers to opportunity. The solution to our problems is more freedom, not less."

Stereotyping Defended
by Ninos Malek
"Of course, people are individuals with their own moral values (or lack of), intelligence, and talents. Stereotyping is, however, a method that people use, consciously or subconsciously, as an efficient way of economizing on information costs."

The Terrible D-Word
by Donald G. Smith
"The simple truth is that discrimination is not always a bad thing, only something that can, under certain circumstances, be undesirable. There is bad discrimination and there is good discrimination."

Affirmative Action and Racial Profiling

Affirmative Action
June 1995
by Hans F. Sennholz
"Affirmative Action does both; it inflicts economic harm and then seeks to alleviate it. It professes to promote the economic conditions and opportunities of so-called underprivileged minorities and simultaneously erects new, formidable barriers for the people it sets out to benefit. It bestows special favors through the apparatus of politics but also handicaps its beneficiaries through economic restrictions and mandates."

The Affirmative Action Complex
by Mitchell Bard
"Racism and sexism are serious problems in this country. Ironically, the solution that has been devised for these ills is blatantly racist and sexist. Affirmative action calls for decisions to be made solely on the basis of race and sex—which is the very definition of racism and sexism."

Affirmative Action: Institutionalized Inequality
October 1997
by Walter Block and Timothy Mulcahy
"Affirmative action should be rejected by Americans of all races. It unfairly places whites at a disadvantage by limiting choice. For nonwhites, it is a slap in the face: there is an institutionalized implication that they need government aid. It tends to exacerbate existing stereotypes and deepen racial rifts. It breeds contempt in the workplace, placing doubt in the minds of some whether their co-workers received the job based upon merit. It is a direct assault on the pride of the minority worker who has worked hard to improve himself, and has earned his position honestly. It is also a disincentive for others to invest time in education and self-improvement."

Affirmative Action Insults Immigrant Contributions
December 10, 2002
by Wendy McElroy
"Just one of the problems with this position is the fact that the individuals being privileged today were not the ones oppressed in the past. Moreover, the individuals being legally oppressed today have committed no offense."

Affirmative Action, Social Terrorism, and Trades Union Freedom: The Failures of the Fallacious Concept of 'Social Justice'
by Jean-Louis Caccomo

Affirmative Agony
by Robert R. Detlefsen
A review of three books about affirmative action.

Affirmative Reaction?
Summer 2000
by Roger Kimball
"If only George Orwell had lived long enough to encounter the phrase "affirmative action." What a splendid piece of Newspeak: love is hate, war is peace, and preferential treatment is an agent of equality—for of course "affirmative action" really means preferential treatment on the basis of race, sex, or some other duly certified badge of alleged victimhood. By thus re-christening preferential treatment, liberals have been able to ignore equality, merit, and other inconveniences as they attempt to remake the world; they can practice racial and sexual discrimination while posing as apostles of fairness."

The Bakke Case
by Murray N. Rothbard

A Call for Intelligent Profiling
January 18, 2004
by Daniel Pipes
"The origins of profiling lie in the early 1950s, when the New York City police, hoping to identify the perpetrator who had set off more than 30 bombs, turned to a psychiatrist named James Brussel for help. Mr. Brussel reviewed the evidence and concluded that the bomber was a middle-aged Catholic of Eastern European extraction who once worked for the Consolidated Edison Company, lived in Connecticut, probably lived with his siblings, and had a serious heart condition. These and other details proved so eerily accurate to describe George Metesky, the science of profiling was born.
Profiling enjoyed high repute until it came out that police forces had simplified Mr. Brussel's elaborate construct and crudely focused on a single factor — race. This reductionism smacked of prejudice, and it had two harmful effects: race as a factor in profiles became taboo and profiling more generally was discredited."

The Decline of Affirmative Action
June 23, 2004
by Wendy McElroy
"It is time to question whether AA [Affirmitive Action] is a noble goal. Advocates of U-M’s [University of Michigan] policies speak in collective terms about race disadvantage and gender inequities. What they don’t deal with is individuals. AA admission (and other) policies do not look at the individual merits of your son or daughter at the grade average they’ve struggled to maintain, the volunteer organizations they’ve joined, the dreaming human beings they are."

Elites to Anti-Affirmative-Action Voters: Drop Dead
Winter 2007
by Heather Mac Donald
"Yet for all the evasions of the political and educational elites, the growing anti-preference push, with initiatives contemplated in several more states in 2008, could be one of the most important populist movements of recent years. Racial manipulation, while not eliminated from California, has been greatly reduced, a sea change that never would have happened without Prop. 209. One goal of the movement—the elimination of the academic achievement gap by setting a single standard of achievement for all to meet—remains elusive. But Ward Connerly’s courageous pursuit of a government that ignores race is delivering on the most fundamental promise of the American Constitution: equal treatment for all."

The Ethics of Affirmative Action
by Steven Yates
"For peaceful affirmative action to replace coercive affirmative action, though, criticisms by white males such as myself probably won’t be enough. Women and minorities themselves must recognize that efforts by government to “help” them have proven futile. This means repudiating much of their current leadership. Fortunately, we have already seen the beginnings of such a trend in the writings of such black intellectuals as Thomas Sowell, Walter Williams, and Glenn Loury."

Forbidden Grounds: The Case Against Employment Discrimination Laws by Richard A. Epstein
reviewed by Jeffrey A. Tucker
"Breaking out of political orthodoxy, he argues: Anti-discrimination laws have not only gone too far, they should all be repealed as capricious, expensive, wasteful, and destructive of economic freedom. His radical thesis appears in what may be the most comprehensive and systematic treatment on various forms of discrimination yet to appear."

Non-Discrimination and Affirmative Action
by Professor Jan Narveson
"It is, all in all, very difficult to justify either forced anti-discrimination or forced affirmative action in the sense in which they are now popular. Our leading principle in this book has been that people in general should, in the absence of good reason, have the right to do as they want, work at or produce what they wish, and associate with their fellows on terms of agreement rather than by force. Those who don't accept this general account of morals should be asked on what they propose to base their visions, and why they should be allowed to impose those visions on ordinary people trying to make the best lives they can for themselves."

Preferential Policies: An International Perspective by Thomas Sowell
reviewed by David M. Brown
"With the diligence and insight his readers have come to expect, Thomas Sowell doesn’t skimp when it comes to presenting and analyzing the relevant empirical data. He looks at the often bloody results of coerced preferences in a variety of political and social contexts around the globe and comes up with some disturbingly similar patterns."

Racial Profiling
April 2001
by Walter E. Williams
"What is racial profiling? Does it serve any purpose? In the most general terms, racial profiling is a process whereby people employ a cheap-to-observe physical characteristic, such as race, as a proxy for a more costly-to-observe characteristic. It is prejudice, in the sense of the word’s Latin root—the act of pre-judging, or the practice of making decisions on the basis of incomplete information."
"One cannot unambiguously say that police racial profiling represents racist preferences. Racial profiling is practiced by both black and white policemen. Ending racial profiling by police would put more black people at risk. To the extent that black people commit more crimes than white people, to the extent that black people are the major victims of black criminals, to the extent that police stops catch criminals—to that extent, eliminating racial profiling would deprive law-abiding blacks protection from criminals."

The Racial Profiling Myth Debunked
Spring 2002
by Heather Mac Donald
"The anti–racial profiling juggernaut has finally met its nemesis: the truth. According to a new study, black drivers on the New Jersey Turnpike are twice as likely to speed as white drivers, and are even more dominant among drivers breaking 90 miles per hour. This finding demolishes the myth of racial profiling. Precisely for that reason, the Bush Justice Department tried to bury the report so the profiling juggernaut could continue its destructive campaign against law enforcement. What happens next will show whether the politics of racial victimization now trump all other national concerns."

The Terrorist Next Door
September 1, 2003
by Daniel Pipes
"In short, while Hawash confessed to his crime, his supporters refused to admit their mistakes. There are two lessons here. First, profiling can work. Alert neighbors reporting on apparently militant Islamic activities brought Hawash to law enforcement's attention. Second, sympathizers of terrorist suspects are entitled to express surprise and tell heart-warming stories about them. But shrill charges of racism and appalling comparisons to Nazi Germany impede the U.S. government's efforts to protect Americans."

What about affirmative action?
by Mary Ruwart
"Laws which force peaceful people to do something that they wouldn't voluntarily do usually hurt the very people that they are supposed to help. This is true of affirmative action."

What does affirmative action affirm?
by Wendy McElroy
"Affirmative action is an attempt to redistribute economic power by forcing employers to give preference to women. As with all schemes of distributing justice, choice is taken from individuals and given to social planners. Affirmative action has been a debacle. it has not cured sex segregation in the work place or closed the wage gap between men and women. More importantly, it has hindered the institution that has done the most to benefit women economically: the free market."

Civil Rights

The Civil Rights Act: Unintended Consequences Writ Large
by Wendy McElroy
"In short, the impact of the CRA has been not been defined by the explicit goals of those who framed it, but by the unforeseeable behavior of those who implemented it."

Civil Wrongs: What Went Wrong With Affirmative Action by Steven Yates
by Llewellyn H. Rockwell, Jr.
"Appropriately, Mr. Yates concentrates on a serious injustice of modern life: the central government's policy of mandatory discrimination against white males."

Freedom Will Conquer Racism and Sexism: The Civil Rights Act is damaging everyone in America, especially blacks and women by J. Edward Pawlick
reviewed by Wendy McElroy
"Any attempt to impose morality -- e.g. a code of social fairness -- by law is doomed to fail and it will badly harm society in the process."

A New View of Civil Rights
by Llewellyn H. Rockwell, Jr.
"The government says that mandatory retirement ages discriminate against old people, as of course they do. Such a rule assumes that older people are different from younger ones, something the government refuses to recognize. The government claims there is no difference, but if that were true, private employers would not discriminate and there would be no issue."

Preference and Prejudice: The Argument Against Anti-Discrimination Legislation
by Andrew Lomas

School Choice: The Last Civil Rights Struggle
June 02, 2004
by Pete Geddes
"Supporters of choice believe in innovation and experimentation—a diversity of approaches. Ironically, they are labeled as conservatives."

The Secret Hate in Hate Crimes
February 2001
by Lowell Ponte
"Economic hatred during the past century has left a trail of death and horror as terrible as hatred based on race, religion, and other differences now included in hate crime laws. Why, then, have the authors of such laws carefully avoided inclusion of economic and class hatred from their lists of prohibited hatreds? Why have college speech codes not punished dehumanizing expressions of hatred such as “Eat the Rich” or “Down with the Bourgeoisie” or “Let’s expropriate the selfish, idle rich” as they do racial epithets?
One answer is that outlawing class hatred would banish Marxist rhetoric and teaching from campuses. Campuses where such speech codes are strictest are often ones where Marxist views are most prevalent—and where “diversity” means having faculty that includes a black Marxist, a lesbian Marxist, a Latino Marxist, and a transgender Marxist, but no professor with free-market views. A leftist activist in my community advocated removing all books that “promote violence” from our public library, but she ceased her campaign when I applauded her in the local newspaper and called for removal of all books that promote Marxism, a philosophy responsible for 100 million deaths during the twentieth century."

Gays

Boy scouts, gay lobby and compromises
by Llewellyn H. Rockwell, Jr.
"In the struggle over whether the Boy Scouts should be forced to accept gay activists as Scout leaders, proponents of free association are denounced as bigots. The charge is absurd, and dangerous. Excluding someone from a private association is not an act of hatred, any more than excluding someone from a dinner party implies you want him to starve. The freedom to associate includes the freedom not to associate, and no free society worthy of the name can compromise that principle."

Racism

Against 'Anti-Racism' in Education
by Antony Flew

Celebrate Plethora
by Jacob Halbrooks
"The practice of preferentially treating one race over another is the best definition for racism. Yet racism is what people who support preferential treatment claim to be fighting. Their view is that all races must be exactly equal in everything, so therefore any time a company or institution does not reflect the national ethnic makeup, racism has occurred against the underrepresented groups."

Racialism and the Law
by Roderick Moore

Racism, Collectivism and Social Psychology
by Nigel Meek

Racism: Public and Private
by Walter Block
"Given that public-sector discrimination is far more harmful to minorities than private discrimination, those who sympathize with racial and ethnic victims should think twice before entrusting human rights to the state. The market is a far better alternative."

Women

Women and the Market
April 1987
by Sam Staley
"As a group, women are unquestionably discriminated against in the market place. Women often have fewer skills, are more inexperienced, and more likely to leave the labor market than are men. Further, men often preclude their advancement, whether consciously or unconsciously."

Are Women Exploited by the Free Market?
September 1994
by John Chodes
"Nineteenth-century lawmakers complained that “women are made immoral by the factory system.” This disguised the real issue: Industrialization revolutionized women’s place in society by making them financially independent."

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