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Overview
Frederick Schauer strives to analyze and resolve these prickly questions. When the law “thinks like an actuary”—makes decisions about groups based on averages—the public benefit can be enormous. On the other hand, profiling and stereotyping may lead to injustice. And many stereotypes are self-fulfilling, while others are simply spurious. How, then, can we decide which stereotypes are accurate, which are distortions, which can be applied fairly, and which will result in unfair stigmatization?
These decisions must rely not only on statistical and empirical accuracy, but also on morality. Even statistically sound generalizations may sometimes have to yield to the demands of justice. But broad judgments are not always or even usually immoral, and we should not always dismiss them because of an instinctive aversion to stereotypes. As Schauer argues, there is good profiling and bad profiling. If we can effectively determine which is which, we stand to gain, not lose, a measure of justice.
Product Details
ISBN-13: | 9780674021181 |
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Publisher: | Harvard University Press |
Publication date: | 04/30/2006 |
Pages: | 384 |
Product dimensions: | 5.06(w) x 7.94(h) x 0.90(d) |
About the Author
Table of Contents
Preface
Introduction: Painting with a Broad Brush
1. In Training with the Greeks
2. Pit Bulls, Golden Retrievers, and Other Dangerous Dogs
3. A Ride on the Blue Bus
4. Eighty-Year-Old Pilots and Twelve-Year-Old Voters
5. The Women of the Virginia Military Institute
6. The Profilers
7. The Usual Suspects
8. Two Cheers for Procrustes
9. Ships with Altered Names
10. The Generality of Law
11. Generality, Community, and the Wars of the Roqueforts
Coda: From the Justice of Generality to the Generality of Justice
Notes
Index
What People are Saying About This
This book is a joy to read. Schauer makes an important argument with real brio, and uses wonderful examples. The book is a ringing and, I believe, wholly successful attack on those who are suspicious of generalizations and who therefore call for ever-greater 'individualized,' highly contextual decision-making.
Sanford Levinson, University of Texas, Austin
If you've asked yourself whether it is fair to single out ethnic groups for profiling at airports, whether it's right to retire pilots just because they turn 60, or whether it's ever fair to bar women from certain professions, Frederick Schauer's book will be essential reading. It is a profound and incisive guide to the contested zone of public policy where justice, fairness, and equality conflict.
Michael Ignatieff, Carr Professor of Human Rights Policy, Kennedy School of Government, Harvard University, author of The Lessor Evil
Schauer argues convincingly that generalizations are pervasive in judgment, among other things connecting the subject of generalizations to reliance on probabilistic data in civil trials. He does an excellent job of showing why many generalizations create no problem of injustice (including some that are claimed to be unjust) and of explaining why a limited number of nonspurious generalizations might nevertheless be thought unjust and should be avoided.
Kent Greenawalt, Columbia University
With admirable clarity and fair-mindedness, Frederick Schauer tackles timely issues of racial profiling, minimum voting and drinking ages, mandatory retirement, military exclusions based on gender and sexual orientation, and sentencing guidelines. He demonstrates that nothing less than social justice and stability is at stake in our ability to distinguish between different kinds of legal generalities. Profiles, Probabilities, and Stereotypes is full of intriguing examples and illuminating arguments, which together will make it a most welcome guide for concerned lawmakers and citizens alike.
Amy Gutmann, author of Identity in Democracy