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What is "societal discrimination"?

Wednesday, May 31, 2017 19:22

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I shall not today attempt further to define the kinds of material I understand to be embraced within that shorthand description [hard-core pornography]; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the motion picture involved in this case is not that.
Concurring, Potter Stewart, Jacobellis v. Ohio, 378 U.S. 184 (1964).

American jurisprudence has strayed in response to demands from some social justice advocates who perceive an undesirable situation and attribute it to discrimination, racism, or other deplorable practice. However, what has too often occurred is the logical fallacy, post hoc ergo propter hoc. (The result was caused by a preceding event.)

The usual reasoning is that the result could not have occurred unless there was improper discrimination, and that therefore public policy must intervene against such discrimination. However, there can be many causes of undesirable outcomes, some of which may involve some kinds of discrimination, but not always improper discrimination.

Source: http://constitutionalism.blogspot.com/2017/05/what-is-societal-discrimination.html

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