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Discrimination has been created by large parts of the academic community as though it were not amenable to logical analysis, be it economic, ethical or political; as though the very consideration of alternative viewpoints were somehow unsavory. The philosophy of "feminism," "human rights," "multiculturalism," and "political correctness" have so permeated intellectual discussion that criticisms of the mainstream view take on an aura of illegitimacy at the outset, even before arguments are heard in their behalf. This is highly unfortunate. If nothing else, John Stuart Mill's "On Liberty" should give us pause before closing our minds to alternative perspectives.
At one time in our recent history, the term "discriminating" had a positive value. It was a compliment. To say that a person was discriminating was to say that he was able to make fine distinctions. Today, of course, to say that someone is discriminating is to charge him with prejudice. This modern view is embodied in the so-called human rights codes of society, wherein it is illegal to discriminate against people on the basis of race, religion, sex, national origin, handicap, sexual preference, age, etc. Discrimination now carries a legal penalty--a fine, and even a jail sentence to back up the prohibition.
I. CLASSICAL LIBERALISM
Let us then consider an alternarve philosophical treatment of discrimination, somerimes known as classical liberalism.(1) It asks one and only one question: When is the use of (state) force justified?" and gives one and only one answer: "Only in response to a prior rights violation." As such, this view must be sharply distinguished from theories of ethics. This is crucial, because there is all the difference in the world between claiming that a person should not be imprisoned or legally penalized for engaging in act X. and claiming that act X is moral. It is no contradiction to oppose the criminalization of discrimination on the basis of race, sex, national origin. etc., while at the sane time declaring that such behavior is immoral and unethical. And that, indeed, is that stance maintained in the present paper. Discrimination is defended, here, in the very limited sense that perpetrators should not be incarcerated, fined, or otherwise interfered with by governmental authorities. The present writer, however, finds such behavior odious, and morally repugnant...