Expectation and judgment: towards a phenomenology of discrimination

In this paper, my aim is to develop a phenomenological understanding of discrimination from the perspective of the discriminator. Since early existential phenomenology, the phenomenon of discrimination has received a great deal of attention. While much of this work has focused on the experience of the discriminatee, recent scholarship has begun to reflect on the intentional structures on the side of the discriminator. In a contribution to this trend, I argue that our sense of what is (ab)normal plays a constitutively significant role in the reiteration and reinforcement of harmful discriminatory practices. More specifically, I argue that Husserl's distinction between two forms of normality, namely, concordance-normality [Einstimmigkeit] and optimal-normality [Optimalität], is an important tool for illuminating otherwise overlooked aspects of the discriminator's experience. I achieve this by demonstrating how these two notions of normality play distinct constitutive roles when comparing deliberate acts of discrimination committed with malintent, compared with more habitual and prereflective expectations which are already discriminatory in nucleo. I argue that at the heart of discriminatory practices there is a naïve, normalizing attempt to stabilize concordance at the expense of critical self-reflection, normative revisions, and enriched horizons of expectation. In doing so, this paper provides a novel and important contribution to philosophical discussions surrounding discrimination.