[quote]DrSkeptix wrote:
[quote]Tiribulus wrote:
[quote]DrSkeptix wrote:
[quote]Tiribulus wrote:
[quote]DrSkeptix wrote:<<< Of course, this argument that justifies the practice of racism >>>[/quote] You are in my view one of the sharpest people in this forum and a man whose education clearly exceeds my own by light years. It is therefore with respect and regret that I must say I believe you are committing a non sequitur with this statement. The mere permission of the practice of racism in a private concern does not equate to justification. Neither is passive rejection tantamount to active violence or enslavement. No person on this site has a more comprehensive or consistent history of the abhorrence of racism than myself. However, it is a dangerous and slippery slope to begin dictating at the point of a statute what clientele a privately held “accommodation” MUST entertain.[quote]DrSkeptix wrote:<<< So, FI, you are absolutely correct, this self-designated “philosophy” IS stupid, especially were it assigns primacy to supposed “property rights” in preference to…justice. [/quote]In my opinion you have this backwards. When private property rights are made subservient to coerced acceptance of anyone by anyone else, of any race by any other, the resulting bare appearance of justice is far outweighed by the actual denial of individual sovereignty which places both sides in peril of further future restriction.
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You are too kind.
Some of what you say is normative–things as they should be, perhaps. I will stick to the descriptive–things as they are.
You will note that I forethought your objection: the racist is free to be a racist in his own hovel. If the “public accommodation” is held privately, it is nevertheless practicing a public function. Would it be just for a state to force it to practice racism? Of course not.
While you protest that the owner can practice his racism publicly, the “settled law” holds otherwise. In this particular instance, there is no “right”–not property rights, not shouting “fire” in a theater, etc.–which transcend the exercise of justice. You choose the word “sovereignty,” and I will remind you that in the US, it is the law which is sovereign.[/quote]
Oh I’m well aware of what settled law holds. Creative legal precedent over constitutional intent is a significant component in everything that’s gone wrong with this nation. Justice in this country, despite uneven early application, was intended to be limited to equal access to the redress of objectively quantifiable grievances, not social engineering. Making reprehensible, but non criminal injustice criminal, accomplishes the opposite of what it intends as is everywhere evinced by the state of race relations still prevalent here.
Let me ask you this before going any further. In your view can there be no case in which a privately held public accommodation is legally permitted to intentionally exclude anybody because of who or what they are? You will immediately recognize this as a loaded question so there’s no point in hiding it. It will also probably lead you into a more precise definition of “public”. It is still an honest question loaded thought it is.[/quote]
Fair enough.
Can I think of a public accommodation by which I may exercise my private biases?
Yes. I do not have to treat every patient that comes my way. For example, I do not have to attend a dirtbag covered in Nazi swastika tattoos.
But ethics, and sometimes the law to which I am subject, determine otherwise. I must find alternative care for the asshole; in an emergency, I must provide care and pass on the obligation only when the patient is stable.
Now you may see my point. “Property rights,” as defined by the matereialist–the property here being my practice of medicine–do not have absolute primacy. They are claimed by me, but only in recognition of the public compromises.
That is descriptive. Now you tell me: is that how it should be?
If you are a material libertarian, the answer is no; I should not be forced by any compromise, however voluntary, to treat assholes.
Now Tribulus, I know you are no asshole, but were you of another minority, should you not claim rights that are to be respected along with, or in contention to, “property rights?” Or do you have no rights whatsoever, except those subject to another’s property rights?
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I think you are talking about what is, and these other guys are talking about what is right (at least to them) or ideal. Let’s get in the right mind set.