@Buttermilk,
I disagree to the extent that the discussion in this thread has followed avenues apart from the issue of discrimination (the ethic of transgender dating and disclosure for example).However as respects your originating post I do think the definition of discrimination is at the core of the topic you intended for discussion and your friend’s reaction to your response.
I don't think though that it is a philosophical discussion as much as a political one. If you look up the word in a dictionary you will find that it has taken on a new, additional meaning since certain discrimination became illegal. I would have to do more research to be sure, but I don't think this new meaning predates anti-discrimination laws.
Webster’s:
Quote: the practice of unfairly treating a person or group of people differently from other people or groups of people
I have a real problem with the use of the word “fairly” in the definition,as it is major part of the definition, its meaning must be considered.
“Fair” can be defined in a way that can seem to be in keeping with the substance of the new definition of discrimination:
Quote:treating people in a way that does not favor some over others
If we consider a classic case of illegal discrimination, refusing to sell your house to African-Americans solely, or primarily because they are black, the seller would be treating white buyers and black buyers in a way that favors white buyers. Most people would think that this is what the anti-discrimination law is all about, and so it makes sense to use “fair,” defined in this manner, in the new definition of “discrimination.”
However if I were a teacher on a bus taking a group of students to go see a movie and the group of students had a number of disabled children among it ,when the bus arrived I might insist that the able bodied children remain in their seats until all the disabled children disembarked. Unbeknownst to me, though, there were not enough tickets still available for all of the children to be able to attend the movie.
Regardless of the number of available tickets left, I treated the children in a way that favored the disabled over the able bodied. If there aren’t enough tickets for all children, then the favor provided the disabled children is even more pronounced.
This is discrimination in the conventional sense of the word. I discriminate between two groups of children based on characteristics, and I was being unfair in that I favored one group over the other in terms of my treatment of all, but is this discrimination in the modern sense of the word where wrongness is assumed?
I might argue that absent the issue of the tickets my treatment was just and proper, although not fair. I don’t think that all who consider this hypothetical would agree with me because for them fairness and justice are synonyms, and being unfair is not proper. Throw in the fact that some of the able bodied kids didn’t get to see the movie and the number of people thinking me wrong will increase.
But Webster’s has an even more troubling definition of fair:
Quote:agreeing with what is thought to be right or acceptable
If I am right and the modern definition discrimination is a product of anti-discrimination laws than this definition of fair makes modern discrimination dependent what is thought to be right or acceptable. This a very problematic dependency and can lead to the sort of judgment and expression of disapproval that you experienced with your friend.
Society should require only that you obey its laws, not that you agree they are right. I'm sure that most people agree that most laws are right. We don't live under a dictatorship and if
most people thought that
most laws were wrong, a lot of of those laws would not have been enacted or would be repealed, but I would also say that
most people think that
some laws are wrong. Those that share a belief that a law is wrong with a minority are not likely to see it changed, but they still have to obey it (or pay the consequences of anti-social behavior). Having to obey a law though is not the same as having to believe it is right. Everyone is capable of obeying laws they think are wrong. It may irk them to do so, it might infuriate them and it might even shame them, but they can do it. So agreeing that every law is r
ight is not necessary for a healthy functioning society. However, coercing people into agreeing that a law is right is, I think, harmful to the health and functioning of a society, and is wrong.
It is immaterial whether or not the seller of the house agrees that it is wrong not to sell to African-American buyers. It is not even material if he doesn’t know its illegal (ignorance of the law not being a valid defense) to practice that sort of discrimination, so how it could it be material for him to agree the practice is wrong or unacceptable? It reminds me of when as a kid and didn’t want to eat lima beans. My father would tell me “You’ll eat them and you’ll like it!” Even at a very young age I knew that while he could probably find a way to make me eat them, he could never find a way to make me like them, and what difference would that make if I ate them like he wanted?
Obviously the people who draft or support certain laws would love it if everyone agreed the prohibited practice was wrong, and they may even think everyone should agree, but they are going too far if they act in any way to try and enforce agreement. What difference does it make if I don’t agree that the practice is wrong as long as I don’t engage in it? You can police people’s action but you can’t police their thought, and you should never even try to.
Obviously there are ways to attempt to enforce agreement other than through physical force or incarceration. You can attempt to shame the person, you can harass them, and you can deprive them of membership in a group. Short of brain-washing someone (if that’s even possible) though, you can’t force someone to agree with you, but the fact that it can’t be done doesn’t mean people don’t try, and with great energy and creativity.
Telling someone they are guilty of discrimination is one way, and the way that I would argue your friend tried to employ. Unfortunately the modern definition of discrimination allows people like your friend to be almost right when they employ the technique because of the word “fair” being in the definition.
The modern popular definition is based on a legal definition. I can’t blame Webster’s or other publishers for including it. If a word takes on a new popular meaning, they’re going to include it in the definition, but it took on this new popular meaning because of people like your friend who wish to expand the legal definition.
The law very is very definitely limited to certain acts of discrimination, and discrimination against certain groups of people. Your friend and like-minded individuals want to broaden its use beyond the limitations incorporated in the law.
While I would still have a problem with it, it would be less troubling if their goal was to expand it to include all practices and all groups; at least
that would be
fair. However they have no intent of being that all inclusive, they want to select which groups are protected not only by the law but by their view of morality and they want to determine which practices are forbidden or required to make sure
there is agreement on what is thought to be right or acceptable.
Therefore your friend decided, irrespective of whether or not transgendered women are a protected class that they should be and are worthy of the protection of her morality (she might not think, though, that heterosexual men, Christians, Republicans, or any number of other groups deserve morality’s protection, and probably because whatever groups she decided to exclude, in her mind, doesn’t behave morally themselves.)
Then she decided that you don’t have a right to the opinion you expressed and that it cannot be thought to be right or acceptable. She knows she can’t force you to date a transgendered woman, and this is a hypothetical anyway, but she can pass judgment on it and sentence you to the shame of being some who discriminates.
Despite the way I’ve portrayed her to prove my point about the troubling nature of the modern definition; I don’t think that she, necessarily, is some PC dominatrix trying to take control of how you think. She could be, but I don’t know her and so can’t say. She’s plays a role in the story you’ve told us and it is that role and the people who play it every day that concern me more than your specific friend.
Circling back though, these definitions of discrimination don’t have a philosophical component unless you are including ideology and political view under the heading of philosophy.
The conventional definitions that, I believe, pre-date the introduction of anti-discrimination laws are:
Quote:the ability to recognize the difference between things that are of good quality and those that are not
: the ability to understand that one thing is different from another thing
These function very clearly and very well and require no consideration of philosophy. When it comes to discriminating between people, the first of the two may require a slight modification to:
Quote:the ability to recognize the difference between people that are considered favorable to the person making the comparison and those that are not.
I’m sure that the people who I consider to be abusers of the term
discrimination believe that they are simply championing what is right. To some extent it is their very desire to display, for all to see, their perceived moral superiority over those who discriminate that drives their abuse. Regardless, there is an arrogance and need to control othesr at play here that is at the very least irritating and can move on through offensive to dangerous.