Sophia Moreau (New York University School of Law) has posted Structural Injustice and Systemic Discrimination on SSRN. Here is the abstract:
This paper explores the explanatory and normative work that political theorists and philosophers have wanted our concept of a “structural injustice” to do, with a view to assessing whether much of this work could be done by a properly expansive conception of “systemic discrimination” such as the conception that seems to underlie the broad duties of states parties in international human rights conventions such as CEDAW (the Convention on the Elimination of All Forms of Discrimination Against Women). The author argues that it could, and that making explicit and refining a conception of “systemic discrimination” that is truly systemic would be advantageous for legal scholars contemplating particular legal interventions to rectify certain structural injustices, particularly because many legal instruments already make reference to systemic discrimination and we have a sense of what systemic remedies might look like. The chapter concludes by laying out a series of desiderata for a properly expansive conception of systemic discrimination.
Highly recommended.