What is the difference between a criminal act and an immoral act?
In other words, where do we draw the line between applying government violence and applying moral censure?
On the question of discrimination on the grounds of race?
I raise this because an acquaintance recently brought up the study of hiring managers discriminating on the basis of racial clues in the resumés of job applicants. Here's one such study on the Harvard Business School website: "Minorities Who 'Whiten' Job Resumes Get More Interviews."
I think that "all good people" agree that it is wrong to discriminate on the basis of race in this manner, even if it is unconscious. And that such people should be frowned upon, and even named, shamed, and shunned.
But should they be sued by the local human rights commission? And pay a fine?
I would say that, e.g., universities that have racial quotas and that deliberately set up selection criteria to disadvantage east Asians that would otherwise completely dominate the student body should be criminally prosecuted for racial discrimination and their Heads of Diversity and Heads of Enrollment and University President should be jailed in Washington DC in conditions approximating the conditions of the notorious armed insurrectionists of January 6.
But I would say that hiring managers that inadvertently prefer "whitened" resumes are should not be imprisoned in durance vile like the J6 rioters. But no doubt they should have scarlet letters on their chests.
The problem here is that our lefty friends have tended, over the last century or so, have tended to view the struggle for justice as a purely political matter. This was illuminated for me today reading "The Turn" by Liel Leibowitz at The Tablet. She used to be an ordinary lefty.
I felt secure in my politics. Truth and justice, I believed, leaned leftward. If you were some version of a decent human being, you cared about those less fortunate than you, which meant that you supported a whole host of measures designed to even the playing field a little.
OK, there was Joseph Stalin, but what a glorious feeling: socialist youth, marches with Palestinians, PhD, parties on the Upper West Side with the literati.
But then maybe you are concerned about free speech, about lockdowns and "the effects of lockdowns and school closures on the poor and most vulnerable in our society." Oh and Israel. And your friends might disown you if you disagreed with them.
I still remember how confusing and painful it felt to know that my beliefs—beliefs, mind you, that, until very recently, were so obvious and banal and widely held on the left that they were hardly considered beliefs at all—now labeled me an outcast.
Notice that Leibowitz's entire piece is written in the language of feelings and morality: "you supported a whole hosts of measures designed to even the playing field a little."
As the guy up the street up the hill on swank Palatine Av. says on his yard-sign: "equality never hurt anyone."
There is, in the minds of such people, no comprehension of my banal maxims:
Government is force.
There is no such thing as justice, only injustice.
There is no politics without an enemy.
Hey kids. How about we get together and think up a way to fight poverty without force, i.e., without government?
How do yo get through to nice Jewish girl PhDs that when you use government for any reason you are using force. And that is not good.
And I would say that, before we use force, we should exhausts all other possibilities.
There is another problem, I think. And that is that women, in the community of women, do not use force. They use a form of moral persuasion based on the fact that women need to be seen by other women as "nice." They do not have direct confrontations with women that disagree with them. It is all done indirectly.
Thus it is easy for women to miss the fact that, when things are decided in government, it is not the same as the ladies in the neighborhood deciding to do something. Because when government decides to do something its word is law, and it obtains the funds for its program by force.
It's only when you find yourself on the wrong side of "the whole host of measures" that you get your "come to Jesus moment."
And that's when it starts to dawn on you that you are being forced to pay for government programs that Make Things Worse. Even though nice Jewish girl PhDs only just realized this yesterday.
So, what do we do? Well, for a start we can think about Michael Novak and his Spirit of Democratic Capitalism where he proposes what I call a Greater Separation of Powers between the political sector, the economic sector, and the moral/cultural sector. When you combine them together you get totalitarianism.
Using Nazi Carl Schmitt's analysis, we could say that
The moral/cultural is the good and evil distinction; its method is judgement.
The economic is the profit and loss distinction; its method is competition.
The political is the friend and enemy distinction; its method is conflict and war.
Now I would say that we should reduce the political as much as possible but no further, because in the political anyone that disagrees with you is an enemy.
And if you don't get that then I think you have a problem.
For the great questions of politics and morality come down to the border: what do we do by force, and what do we do by persuasion?