Linajes del concepto de discriminación : de su ausencia a su emergencia y su recepción en la Constitución de la República de Chile de 1980

Abstract

This article contributes to the production of a genealogy of the concept of discrimination by reviewing some of the lineages that make up its biography. To that end it focuses on its absence from Chilean constitutional thought during most of its history, identifies the emergence of its two senses -"arbitrary" discrimination and "structural" discrimination- in 19th century United States, and examines the way that it was inscribed in the text of the 1980 Political Constitution of the Republic of Chile where it was employed as a means to codify the economic rationality of market decisions and to protect an understanding of human nature based on Catholic natural law.