The American legal justification for the disparate impact doctrine, and for declaring race a protected category, is the 1964 Civil Rights Act, and the legislative justification for that was a history of massive mistreatment of individuals based on skin color.
I gather from the thrust of arguments in this thread that you may be strongly opposed to government protection of racial minorities in the United States, and that you may not believe that racial bigotry is—or possibly even was—a problem that needed legal redress. It is worthwhile to note that the legal basis for these doctrines is well established and, through the wonders of litigation, much studied and highly nuanced. That does not speak to any philosophical objections you have but, frankly, no philosophical objections you make have any bearing on the legal justification.
legal basis for these doctrines is well established
Um, the legal basis is the act of Congress. That’s all, you don’t need studies and nuances. Whatever Congress says and the President signs is the law of the land. Unless SCOTUS objects, of course.
This is a somewhat fundamentalist view of the law, and I am guessing many federal judges at all levels, and regulatory bodies of technical experts, would add something to your definition. I agree with you that the statutory basis for these court rulings is very clear.
But it’s also pretty clear that the doctrine of disparate impact, which is what he asked about, has been clarified and nuanced through litigation of those statutes. My point was that over many decades, the courts have not overturned this doctrine due to any philosophical objections of litigants.
But it’s also pretty clear that the doctrine of disparate impact, which is what he asked about, has been clarified and nuanced through litigation of those statutes.
Yes, of course, though it has nothing to do with legal basis—it’s interpretation of the law which is what the court system does all the time.
over many decades, the courts have not overturned this doctrine due to any philosophical objections of litigants.
Courts do not do that. A philosophical objection is not a legal objection—a court can overturn a law only by deciding that it is unconstitutional.
But I am unsure what is the point that you are making. Is it that both politically and legally the Civil Rights Act is untouchable in the US? Sure, but that’s pretty obvious…
Sorry, I meant the two questions in different senses, I should have made that clearer.
The American legal justification for the disparate impact doctrine, (..) is the 1964 Civil Rights Act,
The Civil Rights Acts didn’t specify disparate impact as opposed to disparate treatment.
and the legislative justification for that was a history of massive mistreatment of individuals based on skin color.
I understand the motivation, but I don’t think the ever increasing (and rather arbitrary) list of protected groups is a workable approach. Not to mention the “some groups are more equal than others” problem implicit in having a specific list of “protected groups”.
That does not speak to any philosophical objections you have but, frankly, no philosophical objections you make have any bearing on the legal justification.
If you look at the history of law, philosophical arguments end up influencing legal arguments all the time.
If you look at the history of law, philosophical arguments end up influencing legal arguments all the time.
I absolutely agree. It is conceivable that in the future, arguments could change the courts’ regard for this doctrine. But it is unlikely. The law has been in place for fifty years, and the doctrine has seen a ton of challenges in court.
Are you asking rhetorically?
The American legal justification for the disparate impact doctrine, and for declaring race a protected category, is the 1964 Civil Rights Act, and the legislative justification for that was a history of massive mistreatment of individuals based on skin color.
I gather from the thrust of arguments in this thread that you may be strongly opposed to government protection of racial minorities in the United States, and that you may not believe that racial bigotry is—or possibly even was—a problem that needed legal redress. It is worthwhile to note that the legal basis for these doctrines is well established and, through the wonders of litigation, much studied and highly nuanced. That does not speak to any philosophical objections you have but, frankly, no philosophical objections you make have any bearing on the legal justification.
Um, the legal basis is the act of Congress. That’s all, you don’t need studies and nuances. Whatever Congress says and the President signs is the law of the land. Unless SCOTUS objects, of course.
This is a somewhat fundamentalist view of the law, and I am guessing many federal judges at all levels, and regulatory bodies of technical experts, would add something to your definition. I agree with you that the statutory basis for these court rulings is very clear.
But it’s also pretty clear that the doctrine of disparate impact, which is what he asked about, has been clarified and nuanced through litigation of those statutes. My point was that over many decades, the courts have not overturned this doctrine due to any philosophical objections of litigants.
Yes, of course, though it has nothing to do with legal basis—it’s interpretation of the law which is what the court system does all the time.
Courts do not do that. A philosophical objection is not a legal objection—a court can overturn a law only by deciding that it is unconstitutional.
But I am unsure what is the point that you are making. Is it that both politically and legally the Civil Rights Act is untouchable in the US? Sure, but that’s pretty obvious…
Sorry, I meant the two questions in different senses, I should have made that clearer.
The Civil Rights Acts didn’t specify disparate impact as opposed to disparate treatment.
I understand the motivation, but I don’t think the ever increasing (and rather arbitrary) list of protected groups is a workable approach. Not to mention the “some groups are more equal than others” problem implicit in having a specific list of “protected groups”.
If you look at the history of law, philosophical arguments end up influencing legal arguments all the time.
I absolutely agree. It is conceivable that in the future, arguments could change the courts’ regard for this doctrine. But it is unlikely. The law has been in place for fifty years, and the doctrine has seen a ton of challenges in court.
So? Far older legal doctrines have been overturned by courts.
I said it was conceivable but unlikely. You disagree?
Unlikely, over what timescale? Yes, I agree this is unlikely to change next year.