Non-discrimination can easily come to mean discrimination. Suppose a law bans discrimination against individuals of Group 1. If that means the interdiction of imposing special obstacles or constraints on individuals of Group 1, it is pretty clear what non-discrimination means. But suppose that non-discrimination against Group 1 means giving privileges (in terms, say, of affirmative action) to individuals who are part of that group. The consequence is to directly harm individuals of Group 2, who will resent being discriminated against for non-discrimination reasons. With this slip in the meaning of non-discrimination, discrimination has just been shifted from Group 1 to Group 2: the latter is now discriminated against in the name of non-discrimination against the former.
A Senate vote of last week illustrated that, as editorialized by the Wall Street Journal (“A Revealing Vote on Anti-Asian Bias,” April 25, 2021). The occasion is a hate-crime bill that cleared the Senate with 94 votes against 1. But a Republican amendment to the bill had been defeated along party lines by 49 votes against 48:
The GOP amendment was a single sentence. It said no college “may receive any Federal funding if the institution has a policy in place or engages in a practice that discriminates against Asian Americans in recruitment, applicant review, or admissions.”
The editorial continues:
Hawaii Sen. Mazie Hirono said on the floor that the amendment was “a transparent and cynical attack on longstanding admission policies that serve to increase diversity.” She means elite college policies that have been challenged in court by Asian-American students for penalizing them in admissions. … The amendment surely would have passed if the text had substituted another minority group for “Asian Americans.” Yet it did not get a single Democratic vote.
Remarkable but not unexpected. If non-discrimination is taken to mean discrimination, any attempt to stop the discrimination will be considered as “a transparent and cynical attack” against non-discrimination.
In Anthony de Jasay’s theory of the state, this slippery slope is unavoidable: because the interventionist state cannot please everybody, it will discriminate in favor of the clienteles that most support it (or most support the government in place) and, in the process, discriminate against other groups. Some people see fallacies in any form of reasoning, but a slippery-slope argument is obviously not a fallacy when incentives and the logic of institutions lead to its conclusion. As de Jasay wrote,
When the state cannot please everybody, it will choose whom it had better please.
Today, the state had better please the woke mob, partly made of rich kids who see the world in black and white. The intellectual and business establishment is scared of them. A comparison with China under the cultural revolution is not a total exaggeration.
Preventing bigoted discrimination against minorities (racial or other) is certainly a worthy ideal. The problem is that anti-discrimination laws will likely become discriminatory. Using Gary Becker’s theory of discrimination, we can see that free markets reduce discrimination more effectively because they automatically oblige the discriminators to pay in lost profits a price for their discrimination, and without creating new discrimination. If you want to learn a bit more on this last topic, you may want to have a look at my Econlog posts “Jim Crow: More Racist than the Railroads,” “Markets Against the Mob’s Purpose,” and “Discrimination and Harvard Discrimination.”
READER COMMENTS
David Seltzer
Apr 27 2021 at 10:38am
Pierre: Richard Epstein has a nice analysis of this in the 4/19/2021 Defining Ideas article, “Equality Act Takes The road To Coercion.” It could have easily been titled “Equality Act Takes The Road To Perdition.”
Pierre Lemieux
Apr 27 2021 at 9:28pm
David: A good article indeed.
Frank
Apr 27 2021 at 5:34pm
The situation is worse than that, totally dysfunctional. Because intended beneficiaries of positive discrimination on average do not excel at anything measurable compared to Whites, it is rational to assume that anyone in the benefited group who gets a job, a raise, or another reward got it because of affirmative action. Those who succeed are seen as affirmative action babies!
Affirmative action cements statistical discrimination.
Thomas Lee Hutcheson
Apr 28 2021 at 5:49am
The advice to avoid a slippery slope is ultimately impossible because slopes slope in all directions. Where to put the guardrails of what strength down every slippery slope has to be constantly renegotiated.
Pierre Lemieux
Apr 28 2021 at 12:37pm
@Thomas: Obviously, slopes don’t slope equally in all directions. Otherwise, the world would be populated half by free societies and half by tyrannies. In fact, theoretically and historically, there is not much need to prevent the system from sliding towards a free society, because this slope is not the slippery one. (It’s more like a fakir-bed slope.) Your second sentence, which seems to invoke Buchanan’s continuous renegotiating process, is interesting. But if guardrails are continuously renegotiated within the political process, where are the guardrails? Would you care to elaborate?
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