About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


47 Law & Psychol. Rev. 1 (2022-2023)
Are All Types of Discrimination Created Equal?

handle is hein.journals/lpsyr47 and id is 13 raw text is: ARE ALL TYPES OF DISCRIMINATION CREATED EQUAL? Yuval Feldman, Tamar Kricheli-Katz & Haggai Porat* In this project, we use an experimental approach to investigate whether all types of discrimination are created equal, disentangling the different mechanisms that generate discrimination. In our study, a large random sample ofJewish Israelis played four games with partners belonging to a disadvantaged social group, identified by gender (women), race (Arabs), religion (ultra-Orthodox Jews), or ethnicity (Mizrahi Jews). A dictator game assessed negative emotions and inclinations for fairness; a trust game explored mistrust; a competence game examined beliefs about competence and intelligence; and a donation game was used to investigate beliefs about entitlement. Arabs, the racial minority group, were the most discriminated against across all the domains measured in the different games. Ultra-Orthodox Jews were discriminated against in the dictator game but were favored in the trust game, suggesting a more nuanced attitude towards this religious group. Women were generally favored, compared to men, across all four games. Our findings suggest that anti-discrimination laws, which in most countries apply a unified approach to eliminating all forms of ethnic, gender, and religion- based discrimination, may not be effective because each of these forms of discrimination is generated by a different behavioral mechanism. Thus, our project makes two important contributions to the empirical study of anti-discrimination law. First, we offer an innovative methodology for disentangling the different mechanisms that generate discrimination, which could help policymakers design more tailored and effective anti-discrimination laws. Second, we document differences in the types of discrimination directed at different social groups in a modern heterogeneous society, a current global challenge. Yuval Feldman is the Mori Lazarof Professor of Legal Research at Bar-Ilan Faculty of Law and Associate Dean for Research. Tamar Kricheli-Katz is an Associate Professor at Tel Aviv University Faculty of Law. Haggai Porat is the Ari J. Zweiman Olin Fellow in Law and Economics and SJD Candidate at Harvard Law School and a Ph.D. Candidate at the Tel Aviv School of Economics. We thank Jennifer Bennett Shinall, Ariel Porat, Tali Regev, Dan Simon, Tom Zur, and participants in the twelfth Annual Conference on Empirical Legal Studies (at Cornell Law School), in the second Biennial Conference on Empirical Legal Studies in Europe (at KU Leuven Faculty of Law), and in the faculty seminars at the Tel Aviv University Faculty of Law and the Hebrew University of Jerusalem Faculty of Law, for their helpful comments and suggestions. We also thank Dana Bublil, Bonnie Cherry, and Donna Zamir for valuable research assistance. The project was funded with the generous support of the Israeli Science Foundation and the Israel Democracy Institute. Porat is also grateful to the John M. Olin Center at Harvard Law School for financial support.