In a just world, a group that commits more crime ends up in jail more often and everyone’s ok with that. The group that is best at engineering and enjoys it most is the majority of the engineers. The group that is smarter makes more inventions. The more charismatic gets better mates, the more athletic is over-represented in professional sports.
The trouble is that everyone says they like fairness until it doesn’t benefit them. The reason that the gospel of equalism has failed is that “anti-discrimination” has nothing to do with being just. It’s really a question of which group is able to gain advantages over another. It’s just another form of war and conquest.
If the group that commits the most street crime can make a rule against others noticing that they commit more crime, this is not just. The rationale of course is the “good ones” are hurt by being lumped in with those that make trouble but that doesn’t change the reality that group does in fact commit more crime. So it’s up to that group to commit less crime and individuals to find ways of disassociating themselves convincingly from the criminal elements. They have to market themselves, just like everybody else. In such a fair society everyone is free to make judgments and associate as they will even if you and your own don’t like how it turns out.
From this premise, it is more or less just to have different codes, like Hammurabi did, to address different segments of a population with markedly different characteristics. The underlying problem is that modern enlightenment-derived thought denies the existence of groups and acknowledges only a doctrine of the sacred individual who must invariably be treated as a solitary atom, no matter what. If you have a group that regularly harbors terrorist suicide bombers, you must still treat them exactly the same as those who rarely harbor terrorists. Everyone has to watch grandmas get frisked at the airport and somehow endure the overwhelming cognitive dissonance gnawing at their souls. When a community regularly turns out these suicide bombers, they suffer no consequence because in the delusional enlightened paradigm, groups don’t exist.
A blessedly uneducated 10 year old like the one honest child in The Emperor’s New Clothes could probably figure out common sense solutions to these problems in a few minutes. Solutions that elude thousands of the “best and brightest” decade after decade.
Even if we studiously ignore distinctions between groups, it’s still pretty easy to tailor laws for different groups, precisely because they are distinct.
One of my favorite ideas is to have a Singaporean style law against “behaving like an animal in public.” I spent 4 years getting around on the DC metro and encountered every imaginable sort of miscreant. Addicts shouting at random people, homeless who smelled like weeks of sleeping on top of sewer vents, assholes playing videos or games on their phone at ear piercing volume, dipshits spontaneously busting into impromptu shitty pseudo-rap ditties, shitheads incapable of having conversations with indoor voices. To stay sane I had to either use earphones or earplugs. Every once in awhile I’d see someone run up to the window of a departing train and start pounding on the windows to be let in while screaming. My vision would go red and my blood pressure go through the roof. I would have a vision in my mind of the petulant fool turning around and seeing a squad of pristinely dressed Officers of the Discipline standing behind them led by Clancy Brown the Kurgan from Shawshank. You could see your reflection in their boots and they’d wear leather armbands with their perfectly pressed Hugo Boss uniforms. Clancy Brown the warden would raise the ceremonial stick of punishment, a replica of thousands of others like it across the Empire and pronounce the righteous prayer of justice. The miscreant would get just a few seconds to scream again, this time in despair before he was set upon. And after an astonishingly short time, he’d be left there in his own blood and before the Officers left, they’d leave him with a ticket “For Behaving Like A Monkey In Public.” If he was lucky he’d have a few weeks painful recovery. If not, “spend the rest of his life drinking his food through a straw.” This would be a system of divine justice. Once such a policy was administered, infractions would become very, very seldom and the principle of deterrence would work its magic to create a polite and orderly society.
Of course, this policy, I hardly need say, without any specification whatsoever would punish 80%+ black people. I encountered a decent slice of white college students, drunk assholes coming from nats and caps games, and self important hipster professionals talking in loud nasal feminine uptalk that met the criteria but there were fewer of them. It would be completely just though and “blind” to the color of anyone’s skin. Truly only content of character would count as the activists always dreamed of. Never does it occur to anyone educated in enlightened ideas, that blind justice might punish any group disproportionately and that true justice might in fact “discriminate” by its very true and uncompromising nature.
See Also: The Masses Crave Discipline