Discussion about this post

User's avatar
Todd of Mischief's avatar

A few thoughts from America, where this road was first lain (sorry). Note, I’ve only briefed myself the barest amount on some of your laws, but the shapes seem familiar enough.

On section 158 & 159 of the Equality Act 2010, it may be viable for some enterprising lawyers to hasten their repeal by suing discrimination under them on behalf of minority plaintiffs for harmful outcomes stemming from benevolent intentions. This is likely to get sticky as the deck is stacked. If, for example, a minority admission is disciplined for lack of competence, he would most likely sue against the discipline rather than the lower admission bar leading to inevitable discipline. This is where the enterprise of the lawyers comes in, in convincing their clients that the stacked deck worked against them all the way to the bottom. The upside is, as long as “indirect discrimination” is loosely defined in Section 19, the plaintiff lawyers have loads of wiggle room.

On that note, if British law remains anything like American law, I’d caution that the word “proportionate” is probably bearing a lot of load. Your observation that public safety is always legitimate is a sound argument but it may be barking up the wrong tree. “Proportionate” is the kind of word that brings down armies of social workers where a handful of unhampered police would do, all in the name of “but did you try every alternative?”

What you’re doing here, writing the case out and publishing, is the right move. You never know which word will catch like a wildfire.

Luca's avatar

Though it might seem superficial, any such movement would probably have to come up with a better name for what it seeks to expunge than "anti-racism", as it'll immediately be met with accusations that anyone anti-anti-racism must naturally be pro-racism, which as you say is perhaps our society's biggest taboo. Might be worth framing it as a pro-meritocratic drive or something similar for now for the sake of better "branding".

11 more comments...

No posts

Ready for more?