Hi!

Some of you may be aware of my criticism of the "Encouraging Women in
Linux Howto":

http://www.advogato.org/person/shlomif/diary.html?start=130

This seemed like a good idea at this time, but brought some criticism from
fellow Haifuxers, and got me involved in a discussion with some members of
the LinuxChix issues mailing list about men, women, whatever in between
and Linux. I eventually posted a few corrections to my original post (read
the subsequent entries), but was also overwhelmed by the amount of
criticism I had to cope with.

In any case, one of the issues that surfaced in my discussion at the
"issues" mailing list was whether discrimination (against women, Black,
Jews, gay, etc) was something that should be tried to be prevented
legally. I believe the laws of a country cannot and must not discriminate
against gender, race, etc. Likewise, public instuitions can also not
enforce an anti-X (where X is Jews/Women/Homosexual/etc.) policy.

However, I don't see enacting laws that prevent private organizations
(such as companies or NPOs) to discriminate against individuals
on an invididual basis. My reasons are as follows:

1. It is perfectly legal to be a racist. My opinions on Jews, Women, Gay,
Black, Fat people or whatever, are not something that can be enforced or
should be enforced by the State at large. By all means I am free to hold
these opinions, however harmful, and I am free to act in accordance to
them. (as long as I don't do anything that is balantly illegal)

Note that I'm not saying racism is not an irrational and immature mental
and physical behaviour. It is, and it brings short term and long term harm
for those that hold it. But it's still perfectly legitimate to have. Law
should not enforce Morality.

2. Aside from Racism per-ce there are also generalizations that apply to a
certain minority. On average, an American Jew is more hard-working, more
intelligent and more successful than a Christian American. On average,
Black Americans are not as competent or successful as their white
counterparts. These are facts, backed up by many statistics. Making a
generalization based on them is not racist.

A discrimination out of generalization does not necessarily constitute as
Racism. In fact, such generalizations are often desirable to make sure
values are protected, and that the generalized minorities actually take an
active stand in correcting their situation. (or maintaining it if they are
above average)

3. An individual who is discriminated against and belong to such a
minority, may or may not be discriminated because of his gender/race/etc.
Furthermore, sometimes the discrimination may be sub-conscious or not
intentional. Passing laws that prevent discrimination against underlings,
(for example) may cause a lot of undesirable side-effects.

One example, is a discriminated employee going against a perfectly
enlightened boss, who did not realize he or she was discriminated or had a
got non-racist reason for doing so. Another is incompetent workers
of a minority trying to get jobs and then complaining about being
discriminated against.

Another is a racist (but otherwise perfectly productive) employer, who
does not wish to employ workers of a certain minority, because he knows he
will not treat them well. Being employed at such an establishment would be
a bad thing for both the employer and the employee.

4. There is the case of voluntary correcting discrimination. Like if you
get an application from a Black person who presents himself as an
exceptional black worker, and makes a very good impression. You might
prefer hiring him instead of a white applicant with otherwise similar
qualifications.


----------

Like I said earlier, the Government should not enforce
Morality. A government's job is to enforce Law and to prevent the
application of initiatory force, coercion or fraud. Everything else is not
something it should or need do. (albeit many left-winged people would
claim otherwise).

Trying to prevent discrimination constitutionally will not do good in the
long run. Instead, it can provide fuel for harassing otherwise innocent
people who are trying to live their lives, or otherwise try to
actually correct things.

Regards,

Shlomi Fish

----------------------------------------------------------------------
Shlomi Fish shlomif@...
Home Page: http://t2.technion.ac.il/~shlomif/

My opinions may seem crazy, but they all make sense. Insane sense, but
sense nonetheless.