On The Legitimacy Of The Prohibition Of Discrimination

Discrimination is a widespread social phenomena.No matter in Westerndeveloped countries or developing countries such as China, discrimination isprevalent and difficult to be eliminated. An important principle of the prohibition ofdiscrimination as a human rights are widely used in international law and nationallegislation.However, whether this phenomenon for discrimination should be prohibited isnot without controversy.The arguments in favor of the prohibition of discrimination isoften associated with equality,but equality itself is a controversial content. The reasonwhy disagree the prohibition of discrimination is that it is the infringement of humanfreedom. What exactly is the prohibition of discrimination based on? Finding out thelegitimacy of the prohibition of discrimination is still necessary. Some previous studythink the prohibition of discrimination as a pe requisite when the discuss thediscrimination. This paper presents and demonstrates the legitimacy of the prohibitionof discrimination. This paper discuss this premise in order to proof the Prohibition ofdiscrimination is morally legitimate claims based.Around this proposition, we useliterature research methods and case analysis method to study.This paper contains sixchapters.The first chapter discuss the basic understanding of the concept of discriminationand the difference between the discrimination prejudice and difference. It analyses thehistory of concept of discrimination on the base of four representative country. Theyare United States, Britain, Canada and Australia. Then it Describes the two maincriteria for classification discrimination. This chapter is a conceptual understanding ofthe phenomenon of discrimination. The emphasis on discrimination develop with theacquirement of human rights in practice. Discrimination has some subjectivity inpractice and it is often very complex and difficult to identify.The second chapter discusses the general basement of prohibition ofdiscrimination. This chapter play a commanding role in next four chapters andprovides critique as discussed later in the target. This chapter summarizes the threegeneral way of discussing the prohibition of discrimination.The first is a practical, notto expand the description herein. The second is based on the law, Therefore, the first section of this article first discusses the provisions of international law prohibitingdiscrimination.The outcome document for human rights can be said to be a basis ofdiscrimination prohibited under international law, but they are not academic,philosophical. It only shows that legality, but legitimacy can not be used as the basisof the prohibition of discrimination.The third way is based on the theory of equality.Therefore, Section combed the concept of equality, development of ideas issues ofequality and discrimination and equal relationship. This is the main view ofprohibition of discrimination.But you will find when questioning the legitimacy ofdiscrimination prohibited discrimination, prohibition of discrimination is acontroversial.Proponents often claim to be equal because it will oppose discrimination;while opponents argued that discrimination in the private sphere of a person’s libertyshould not be interfering. Methods prohibiting discrimination based on equality oftheoretical argument is flawed. Section three will discuss the controversy surroundingthis and pave the way for the later chapters are discussed.Focus of debate focused onthe prohibition of discrimination in the economic sphere, it should be achieve agreater degree of equality.It is the focus of this paper.Therefore, a detailed analysis ofthe back of the chapters of this debate on behalf of the theory, that Rawls, Nozick andDworkin’s theoryThe third chapter analyzes the theory of justice of Rawls.Rawls hopes to resolveconflicts principles of freedom and equality in the society especially in the economicfield distribution allocated through two justice.This theory of modern concept ofequality has had a significant impact, but also by a wide range of criticism.On the onehand the conservative liberals, especially Nozick believes Rawls expressed greaterequality is not established.The other hand, the difference between criticism of Rawlsalso believes that it reduced the problem of personal responsibility.There are manyloopholes in Rawls’ theory through equal basis to discuss the prohibition ofdiscrimination.This theory also corrected from the start of their Nozick and Dworkincritical theory.The fouth chapter focus on the first critical theory and analysis Nozick’slibertarian theory.Through analysis of the significance of the weakest countriesNozick and property rights restrictions noted Locke, the paper point out that Evenwithout relying on the support of other theories, Nozick’s theory of existence itself iscontradictory. The weakest country is not established.This means that countries with more functions can and should be established.One function is to achieve the kind ofeconomic sectors for more equality and prohibit discrimination against people.But toachieve this equality also need to discuss.The fifth chapter examines Dworkin’s theory of equality of resources.Dworkinintroduces the "responsibility" theory to the equality perspective.He believes thatchoice should distinguish the different effects on people and the environment and as acollective responsibility or personal responsibility standards. He analysis and criticizethe corresponding personal and non-personal resources.He pointed out that althoughDworkin included in the liability theory of equality argument is flawed but it canprovide an idea for us. Individuals under certain conditions are satisfied shall bear theadverse consequences of their own.Compensate for the inequality can not be withoutlimits. This also shows that we should prohibit discrimination on a certain limit.The sixth chapter is the conclusion of this article, but also innovative part of thepaper.The chapter on the basis of the previous three chapters controversy surroundingthe theory of the prohibition of discrimination on the basis of the first to make acritical study of the conditions of justice. It focuses on the subjective and objectiveconditions of justice and notes justice system’s essential.Importance of the justicesystem is to build the first person’s character, people become out of compassion andtreat people with justice.This article innovative view:Controversy surrounding theprohibition of discrimination can be analyzed according to the theory as a basis ofequality prohibits discrimination on equality and freedom. It will inevitably fall intothe debate.But on top of this liberal argument that we can at least draw basic ideas ofliberalism "man is the goal,""the ability of human reason" is a consensus on theminimum of this debate."People is the goal"and "the ability of human reason "are theself-realization of the person as required and the ethical values of the people. This isexactly legitimacy of the prohibition of discrimination.Meanwhile, human dignity isone of the key requirements of anti-discrimination and equality requirementsdefinition.Prohibition of discrimination should always pay attention to the dignity of arecognized standard. There should be necessary to identify the limits ofdiscrimination.