Earlier quoted context omitted.
> To use an equally contrived example of my own — there's plenty of jurisdictions where arguing something along the lines of "look at how she was dressed, she was asking for it" will get you off the hook on rape charges. Rape is an unusually problematic situation because consensual sex and unconsensual sex produce a lot of the same physical evidence, and it's possible for someone to consent but after the fact have re…
It is not about "making a proposal to make sure these tradoffs don't exist". Instead it is about morally judging someone for making a morally reprehensible argument. If there is some country in the world where black people don't have equal rights, and a company uses this as a legal defense for it's behavior, then I am going to judge the company as being full of horrible horrible human beings. One does not get a free…
It seems to me if you have a country where some people don't have equal rights, the problem is the law, not any individual defendant. That's the easy one to fix, in the sense of knowing what should be done. Much easier than trading false positives against false negatives when there is no way to actually know what happened.