Law Practice
Jun. 4, 2019
‘Discrimination’ and discrimination
Sometimes we fail to distinguish between discriminating based on bias on the one hand and being discriminating in the sense of exercising good judgment on the other hand.
Frank H. Wu
President Designate
Queens College
Frank is William L. Prosser Distinguished professor at UC Hastings College of the Law.
I wonder if we have done too well in eliminating discrimination. So many of my students wish to avoid being too "judge-y" of other people, apparently because everybody is entitled to their own opinion and nobody should give offense. We are failing to distinguish, however, between discriminating based on bias on the one hand and being discriminating in the sense of exercising good judgment on the other hand. These are not only not the same, but arguably the better we a...
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