Here are 3 fake and somewhat ridiculous news stories. I’m asking you to suspend your disbelief for a moment – all this has a serious purpose which will become clear afterwards:
Social activists have collaborated with one of the largest chemical companies in the country in order to produce a vitamin supplement for dogs. This supplement will modify dogs’ metabolism so as to produce dog feces that has a consistency similar to rabbit feces: granular and dry, as opposed to lumpy and greasy. The effect will be that when dogs defecate on sidewalks and when pedestrians step into the feces, the harm done to pedestrians will be less. More pedestrians will step into feces because of the granular type of the modified feces, but the damage to each individual pedestrian will be relatively small compared to the damage done by traditional dog feces. Think of it as a redistribution of feces damage. and a small but important improvement in the overall justice of our society. After all, there is no good reason why some of us should bear the full brunt. No one deserves dog shit on their shoes.
Since High School, X has been almost universally mocked because of his appearance. Social scientist as well have confirmed that he lacks facial traits and bodily features typically associated with “beautiful” people. As a results, X has spent the first 20 years of his adult life fruitlessly looking for a female mate. Not only did he fail to find a willing female of his choice; he in fact failed to find anyone at all who was willing to marry him. Given that there are a considerable number of people in the same position as X, legislators have now proposed a subsidy for these people so that they can afford plastic surgery and improve their chances on the marriage market. Naturally, strict rules will be included in the proposed legislation so as to target the subsidies towards those who really need them. After all, if society pays for the equal opportunity to receive a good education, why not also for the equal opportunity to lead a happily married life?
Mr. Smith (a pseudonym) is not a special case. He is not gay, black, female, indigenous, foreign or disabled. Nor does he belong to a minority religion. And yet, he is suing the Vatican for discrimination. Why? Well, it turns out he is in the habit of wearing short trousers and sleeveless shirts during warm days. Dressed like this, he attempted to enter Saint Peter’s Basilica and was refused entry by the guards. His lawsuit has received considerable support from US tourist organizations and tour operators. Some even suggest that Smith’s discrimination is indicative of the treatment of many US tourists by Vatican authorities. Smith’s lawyers argue that the groups of people protected by current laws against discrimination have been chosen arbitrarily or on the basis of past patterns of discrimination. If new patterns of discrimination occur – as may be the case here – then legislation should evolve.
These somewhat silly stories have the merit of bringing into focus a serious question: what are the limits of justice, non-discrimination and equality of opportunity? It’s clear from the stories that there are and should be limits. There are events that may seem unjust but shouldn’t be labelled as such. Perhaps those events – such as for example the unequal and undeserved infliction of dog shit on people’s shoes – look like they are unjust because the circumstances and structures of the events are very similar to real injustices. But then what are “real” injustices and why are some events not “real” injustices?
The same is true for equality of opportunity: we want to help people achieve an equal opportunity to do or have certain things, but not other things. Education but not a happy marriage. Why this difference?
And again the same in the case of discrimination: we want to help people avoid certain kinds of discrimination but not other. And again the question is why. How do we make the difference?
For me, the answer is clear: all considerations of justice, equality and opportunity are limited by human rights. If an injustice is also a human rights violation then it is a true case of injustice. If not, then not. If someone’s unequal treatment is also a violation of that person’s human rights, then we have a case of discrimination. If not, then not. Is someone unable to have the same opportunities as everyone else to do or have something? That’s a legitimate area of concern if that something is a right. If not, then not. (More here and here).
More posts in this series are here.