alt Hacker NewsConservatism would actually be encoding the differing treatment for the in-groups vs out-groups directly and explicitly into the law.
For example, under Jewish law a Gentile who commits theft against another Gentile is liable for the death penalty, whereas it is not a capital crime when a Jew commits theft against another Jew.
Liberals cannot even conceive of such a thing since it contravenes the basic premise of liberalism so they can only conceptualize it in the way you outlined.
And by the way, this means that this in-group vs out-group thing (“two-tier justice system”) happens under liberal regimes, it just doesn’t get acknowledged officially.
We’re talking about a basic human sociological reality that is modeled incorrectly by liberalism.
Replies
Not quite - in a very classical form of Conservatism, the Monarch and Nobles would have a different set of laws and social conventions. Usually, it's not an ideolgoical thing.
Aka Magna Carta '3 tiers of society' - the Monarch, Nobles, Plebes etc.
Or in Roman society, Nobles/Senators, Free people, slaves.
In the US it's always the liberals arguing for special treatment baked into the law for their favored groups and the conservatives argue for equal treatment. The liberals then argue back that equal treatment is de facto discrimination against then.
> We’re talking about a basic human sociological reality that is modeled incorrectly by liberalism.
It is not "modeled incorrectly", literally the entire point is that liberals know this and are attempting to change the status quo. We can, as you appear to be advocating for, accept this as an immutable fact of life. Or we can encode into law that when a noble rapes a peasant's wife, he gets the same punishment as a peasant raping a noble's wife. The law is, in the end, words on paper, and a noble may have the connections and power to get away with raping a peasant's wife some percentage of the time. But if 50% of the time, or, even 1% of the time the noble is held to account -- progressivism is achieving better outcomes. Does it have to be 100%? If we can't achieve 100%, we should just accept nobles raping our peasant wives freely?
> In reality there is nothing inherently wrong with discrimination itself, only with particular forms of it.
Yes. It is fine to discriminate based on a person's actions. It is not fine to discriminate based on immutable facts of their birth. That is why the US, for instance, specifically encodes these as "protected classes" of traits that are okay to discriminate against vs. those that are not. Can your tiny little lizard brain figure out why it might be okay to discriminate against someone who intentionally behaves poorly vs. someone who was born with a different melatonin content in their skin and can do nothing about this?
> Conservatism would actually be encoding the differing treatment for the in-groups vs out-groups directly and explicitly into the law.
No. You can get the benefits in many ways: without a justice system, by encoding it into law or by in group agreement.
The disadvantage of not having a justice system are obvious, the disadvantage of putting it into law is that it very clearly and easily can be pointed out as discriminatory. And most people want to feel like they are good people.
So by doing through in group agreement, the members can simultaneously hold moral cleanliness subjectively while objectively benefitting from a two tier system.
We are all equal, but some are more equal than others. If you want to quote someone clever about it