IANAL but Grutter v. Bollinger seems multicultural to me. And very recent too, it being from 2003.
Depends on how you look at it doesn't it? Lawyers and judges are (in theory) supposed to look at precedent, what came before sets up a standard to be applied and create consistent results.
Your contention is a reasonable one, that this result comes from a multicultural point of view. I disagree entirely and look to history. [...]
If i look to history i see that Grutter v. Bollinger overturned Hopwood v. Texas To me this looks like a decision to step a little back from total colorblindness and allow for a little multiculturalism. At least it states that "student body diversity" is something that should be promoted.
Correct me if i am wrong but to me it looks like those laws are in direct violation of your short quote about cultures and group. So do you think they should be abolished? What happens to a citizen who does not speak the language of the national majority? Is he excluded from participation in national affairs? (elections?) That's not just "encouraging to slowly learn a common language", imho.
Well look at that, "victims" and people "left out." Who said anything about leaving people out exactly? You teach that person the national language, but by no means do you rob them of their own and yes this would necessitate printing things off in their native tongue (or else how would they ever learn off something in a language they couldn't read?). You impart skills; you don't take away speech. If they can't learn, then accommodate them as an individual. It may take generations but slowly people would learn the national language. In no way, shape, and/or form would this mean they had to stop speaking their own language. Hell they should be allowed to have their little festivals and whatever and talk in it, or just whatever. Don't care. I ignore that stuff. Do whatever.[...]
So you force them to learn the language of the majority? (i'm especially looking at the part i highlighted) I agree very much that it's more practical to have a single language but it's not what reality is like. (Take a look at the EU for example. All the treaties and whatnot have to be translated into a lot of different languages.) If it takes generations to learn the national language, how will the needs of those generations that have not fully learned the majority language be dealt with?
If i look to history i see that Grutter v. Bollinger overturned Hopwood v. Texas To me this looks like a decision to step a little back from total colorblindness and allow for a little multiculturalism. At least it states that "student body diversity" is something that should be promoted.
Not multiculturalism; enforcement of colorblindness. "Student body diversity," magic words for, we shouldn't allow people to discriminate and keep diverse people out of schools. Re-characterize it a hundred times. Same thing. You're looking at it like the definitions and common usage of the words mean anything at all.
Suspend your disbelief, the words mean nothing you think they mean. Absolutely nothing you reasonably think they mean.
What is a "compelling" state interest? Does that mean the state is "compelled" to do shit about it? no. Can the state chose to do nothing about it? Yes. So where's the compulsion? Where is something that must be done? It's no where. A "compelling state interest" under the rational basis test means whatever the flying crap the US Supreme Court says it means and nothing else at all. It allegedly means more than a "important state interest," from the next test down from "strict scrutiny,"
http://en.wikipedia.org/wiki/Intermediate_scrutiny which is intermediate scrutiny but what the hell does that mean?
And it's certainly more than a "legitimate state interest" which is used for rational basis, but what the hell does that mean?
What the hell is the difference between "legitimate," and "important" in that context? Answer: whatever the flying shit the SCOTUS says it is.
You're trying to interpret words as you understand them. This means positively nothing at all. "Student body diversity," does not relate to "multiculturalism" because diversity is whatever to that. In the court's mind, it means you put diverse people in the school to guard against discrimination colorblindness forbids.
Doesn't matter if people don't like it or agree with it. SCOTUS says X is only an "important" government interest and not a "compelling" one. what's the difference? Some Supreme Court Justices thought so. They can explain it kinda but it doesn't add up and you can argue about it forever.
Seriously, this is one of the major ways laypeople screw up horrendously without a lawyer when they represent themselves. "Well your honor doesn't this mean [thing a reasonable layperson would think it means]." No, there's a "legal definition," as it applies in the case at bar. Moreover it means different things in different contexts. "Notice" has more meanings than I can count depending upon exactly what specific situation you're talking about.
No, it didn't take a step back from anything in the slightest damn smidgen, because a certain word was used: "diversity." Unless of course you wanna say Brown v. Board itself was about "multiculturalism," because it made the student body by definition more "diverse" because after that, the school finally had to accept some black people.
Reinforced colorblindness theory of legal action to prevent discrimination under old theories.
If you're doing this for some stupid professor, then put down whatever that moron says, because they grade your paper, but they're wrong. Ignore me for the grade, cause that's what matters in that case if it applies.
So you force them to learn the language of the majority? (i'm especially looking at the part i highlighted) I agree very much that it's more practical to have a single language but it's not what reality is like. (Take a look at the EU for example. All the treaties and whatnot have to be translated into a lot of different languages.) If it takes generations to learn the national language, how will the needs of those generations that have not fully learned the majority language be dealt with?
I expressly said and you quoted me saying, "It may take generations but slowly people would learn the national language. In no way, shape, and/or form would this mean they had to stop speaking their own language. "
Imparting a skill to them is not force.
I also said and you quoted me saying, "yes this would necessitate printing things off in their native tongue,"
What more do you want?
The real crux of it between you and I as I see it:
Ideally, you could do that. You could explain to people, exactly as you detail.... I don't think they'll listen, not really. You do.
You see legal sanctions as part of the solution alongside reasoning.
I see legal sanctions as the only thing that'll work because people aren't reasonable.
I've pointed out serious problems that legal sanctions can never do nothing to help. So either you are being completely defeatist on those issues (something you denied earlier) or you don't think they are problems.
I don't get why you assume people can't respond to a multicultural message. I mean, the racist BNP was almost completely wiped out in our last election in part due to multicultural initiatives in the towns where they previously had support (turns out a lot of their support came from the disaffected who wanted to find something to blame their situations on, and actually these people weren't too stupid or evil to be educated out of it).
Did I mention that as the judge you have a dozen more cases to deal with and you're hungry cause you've been sitting there for hours and there are other people waiting for their complex cases so you can't afford to spend time educating or failing to educate this guy?
Who the heck said that multicultural messages should be delivered entirely by judges? This is a really weird strawman.
Who the heck said that multicultural messages should be delivered entirely by judges? This is a really weird strawman.
Not a strawman it's a direct response entirely on point to:
Also this is just ridiculous. There is no reason one couldn't just change that quote to " Mr. [Name]! I KNOW I'm not going to see you in my courtroom for beating somebody up again just cause they're of a different culture. I'm right aren't I? AREN'T I?" You seem to be under some strange belief that multiculturalism means you can't sue or prosecute someone for unequal actions. This is not true.Sciver was asking why he couldn't just have the judge yell at the criminal and replace my having him scold the criminal for beating up "different cultures" rather than "darker skin." The explanation is the criminal doesn't know what the hell you mean.
I've pointed out serious problems that legal sanctions can never do nothing to help. So either you are being completely defeatist on those issues (something you denied earlier) or you don't think they are problems.
I've repeatedly said I don't think you can really change people's minds. You want to call that defeatist, fine. I say it isn't defeatism if it's true that the thing can't be done. It's not possible. Let me tell you about impossible:
Alchemy? Lead into gold? That's nothing. Changing the human heart into anything but stone? That's impossible. It's not defeatist if victory is impossible. Legal sanctions; not perfect but effective in their way. Teaching people to care... Good luck.