RE: [BDSM-LegalIssues] Re: New book -- good but disturbing
> From: cadenas_sd
> Sent: Sunday, December 30, 2007 8:08 PM
> --- In BDSM-LegalIssues@
> <malc@...> wrote:
> >
> > The core issue boils down to the fact that in our society it is
> > generally desirable to have formulaic checklists in lieu of
> individual
> > judgements for such things as job applications, because the more
> > mechanical one can make processes, the less the risk of expensive
> > "operator error".
>
> Actually, no. The core issue is that in our society, it is
> generally considered ACCEPTABLE to have formulaic checklists
> in lieu of individual judgments because the more mechanical
> one can make processes, the less expensive it is.
Umm, you seem to be morphing what I meant by "our society" into (I think)
two distinct entities: the society of individuals, and the society of
corporations. I wrote "our society" meaning the entirety of our society,
that is the totality of corporations, institutions, and individuals and
indeed everything else!
Like it or not, the totality of our society has granted corporations
enormous rights, and the totality of our society wishes to be able collect
ridiculously large judgments for "pain and suffering" and similar
non-monetary losses regardless of the relative value of those judgments with
respect to the individual's standard of living (err, I mean that people
seek, and get, "lottery winning" judgments for nebulous injuries... and of
course that happens in large part because their lawyers get a third of the
lottery payout!)
On this issue, while it's true that it is "generally considered ACCEPTABLE"
_by *many* individuals_
institutions)
don't want hiring decisions to be in the hands of someone who may extort
favors of some kind in return for getting the job.
> But the mechanization will actually magnify "operator errors"
> such as false arrests or incorrect records and make them
> extremely expensive for the individual affected.
On the other hand, it will reduce "errors" such as the "casting couch" and
racist bigotry and it will significantly reduce the sort of errors that
result in corporations being found liable for discrimitory hiring practices.
And it is undeniable that society wants (as reflected by the legislation
that has been passed) protection against discriminatory hiring practices,
while it is also undeniable that society does not particularly care about
justice or decency when it comes to those who do get caught in the various
nets. I mean, look at the "sexual offender" registries, and the way society
(in toto) looks at people who get on those, and tell me again that it's a
matter of "acceptable" vs. "desirable"!
In short, while I think we agree that it is not really objectively desirable
(or indeed really not desirable) that the situation is as it is, I don't see
that there is much to support your assertion that _society_ (including
corporate and institutional America) thinks the same way.
Sorry, but there it is.
> That seems to be Jay's concern, and I share it.
Oh, it's _a_ valid concern, but (as someone else remarked) I tend to think
that (e.g.) ubiquitous credit reports and/or medical insurance databases are
a dramatically more significant problem.
Malc.
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posted by Annja Sue at
10:33 PM
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