Capitulo II. Fundamentos Constitutivos del Principio de Igualdad y no Discriminación
2.2 Alcance y Definición del Principio de no Discriminación
2.2.2 La noción de discriminación a la inversa y acciones positivas
Zerubavel argues that this does not rule out the existence of an objective reality. “It does, however, tie the validity of the different ‘views’ of that reality to particular standpoints rather than to some absolute Truth” (30).
important element of analyzing the concepts provided in the articles is to evaluate the rigid or fluid categorizations being made in the categorizations of sexual orientations.
The second question focuses on the extension of the concept. “What kind if any does our epistemic vocabulary track?” Haslanger argues that this question does not necessarily have to be talking about biological or natural kinds, but can also be talking about social kinds. She argues that a descriptive project can inquire into social aspects such as what it is to be an American or a democracy. Haslanger (2000) explains that a project like this may begin “by considering the full range of what has counted as such to determine whether there is an underlying (possibly) social kind that explains the
temptation to group the cases together (33).” The descriptive analysis in this research project is used to identify any possible kinds (natural/social/empty) that our definitions may be tracking.
Haslanger emphasizes the importance of looking at a large social matrix to see what things have been included into a group and what has not been included into a group. Haslanger argues, “The first task is to collect cases that emerge in different (and perhaps competing practices; then, as before, one should consider if the cases constitute a genuine type, and if so, what unifies the type” (17). In this instance, I will be looking at the recent journal definitions and tracking how they classify sexual orientation. I will be looking at the aspects of sexual orientation that are included into the group (hetero/homo/bisexual) and what aspects are not included within recent definitions of sexual orientation.
The third question type deals with a more political aspect of the definitions. “What is the point of having a concept of sexual orientation?” A follow up question that Haslanger suggests is, “What concept (if any) would do that work best (32)? Haslanger
calls this analysis an analytic or ameliorative analysis. In her most recent work, she uses the term ameliorative instead of analytic. “I’ve cast my inquiry as an analytical—or what I here call an ameliorative—project that seeks to identify what legitimate purposes we might have (if any) in categorizing people…and to develop concepts that would help us to achieve these ends” (11). The ameliorative project provides a way for me to analyze the political implications (if any) the definitions in the journal articles may have.
Haslanger argues, “How we classify bodies can and does matter politically, for our laws, social institutions, and personal identities are profoundly linked to understandings of the body and its possibilities” (52). This question focuses on any definitions used directly for political purposes.
The set of question pertaining to the strategic processes of the researchers is useful not only for deconstructing the definitions or concepts, but also to see the
importance of items deemed as relevant and irrelevant by the researchers. The first part of the question deals with the strategies, principles/assumptions, and practices the
researchers are using in their conceptual categories. Strategies refer to the plan of action by the researcher to achieve their general definition. Principles or assumptions refer to beliefs that are guiding a particular researcher’s actions during the creation, maintenance, and modifications of their definition. Practice refers to the actual moment of defining the category by ‘lumping’ and ‘splitting’ different criteria from relevant to irrelevant. The second part of the question emphasizes the creation, maintenance, and modification of the researchers’ definitions. Creation refers to the actual definition or concept being
provided in the article. Maintenance refers to how the researcher is trying or not trying to make this definition or concept concrete or fluid. Modification refers to the definitions
ability to change either by being fundamentally altered or strengthened in its original form.
Data Collection
The data that are being used in this research project are definitions of sexual orientation found in peer-reviewed academic journals. I obtained thirty-four articles from scholarly journals in the social and natural sciences.14 I used a variety of articles from different disciplines and journals for variety and theoretical saturation. I used the most recent articles available on Google Scholar’s advanced search in the Georgia State University electronic article database. Thirty-four articles are used in order to stay within a two year time period. The natural, social, and empty kinds thought communities are all influenced by time restrictions because the focal interests on various aspects for
classifying sexual orientation are influenced by a variety of structures and/or social factors such as; political and/or religious climate, research funding and past research. The social and empty kinds thought communities maybe more influenced by the social
structures or political climate of a particular society in their definitions. The natural kinds thought community must have recent definitions because politics and funding may shape focal biological and/or psychological criteria for inclusion into a particular sexual
orientation. Another reason that the natural kinds thought community is more accurately