Discrimination as a Public Wrong.

The article examines the justification for public enforcement mechanisms in anti-discrimination law, focusing on the puzzle that while discrimination is commonly viewed as a private wrong against individuals, many jurisdictions empower public officials to initiate legal claims independently of victims' preferences. Drawing on theories of state enforcement in criminal law, it argues that discrimination should also be understood as a public wrong—one that harms community values and society at large—thereby warranting public enforcement beyond instrumental benefits such as overcoming barriers faced by individual claimants. The article analyzes different enforcement models in Canada, the UK, and the United States, critiques purely instrumental justifications, and develops principled grounds for public enforcement based on discrimination's broader social impact. It concludes that recognizing discrimination as a public wrong has important implications for the design and exercise of enforcement powers in anti-discrimination law.