Eugine_Nier comments on Why Are Individual IQ Differences OK? - Less Wrong

39 Post author: Eliezer_Yudkowsky 26 October 2007 09:50PM

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Comment author: Eugine_Nier 21 August 2013 03:24:44AM *  2 points [-]

Are you asking rhetorically?

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.

Comment author: metastable 21 August 2013 03:38:32AM -2 points [-]

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.

Comment author: Eugine_Nier 21 August 2013 04:08:29AM -1 points [-]

But it is unlikely. The law has been in place for fifty years,

So? Far older legal doctrines have been overturned by courts.

Comment author: metastable 21 August 2013 04:29:52AM 0 points [-]

I said it was conceivable but unlikely. You disagree?

Comment author: Eugine_Nier 21 August 2013 05:30:18AM 1 point [-]

I said it was conceivable but unlikely.

Unlikely, over what timescale? Yes, I agree this is unlikely to change next year.