I've been looking for the true underlying explanation for leftist accusations of racism, sexism, etc, and I think the title of this post gets very close to the uncomfortable truth.
Maybe it cannot be fixed because their pain will always lead to rationalizations for their anger, but at least it can be understood.
Sure, I should be in prison. And I should pay about 10,000 speeding tickets for all the times I exceeded the limit on the highway.
Even under Federal law, possession of small amounts of marijuana is a misdemeanor, though in theory the judge could put you in jail for up to a year. Up to him. Fortunately, that law looks likely to change pretty soon, given the trends.
So to be consistent, I should have said we should enforce our laws or change them. We should not have laws that are not enforced. That erodes respect for the law.
Common law is whatever is commonly enforced. There are thousands of laws on the books that are not enforced with any rigor.
Thus, if anti-discrimination laws are not enforced, then they are not common laws and may be easily ignored. Which does happen in many cases, often in ways that disadvantage minorities. Just ask the police if they racially profile and they’ll say no way! But they do and everyone knows it. If you act, dress, drive, and look like a criminal, you’re going to get stopped ten times as much.
So do we have laws or not? Depends on if we enforce them. This Harvard case is about enforcing laws already on the books.
Maybe it cannot be fixed because their pain will always lead to rationalizations for their anger, but at least it can be understood.