alt Hacker News> 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
What we’re talking about is the notion of what constitutes good or “being a good person”.
Within the Liberal frame “not discriminating” or at least “not being seen as discriminating” is good and the opposite is bad.
You’re still approaching this from the Liberal frame. It is very hard to transcend this because it is the totalizing predominate ideological substrate of the modern world.
In reality there is nothing inherently wrong with discrimination itself, only with particular forms of it. Types of discrimination which are considered non-controversially acceptable would be people’s choices of mate, who they hire into their company according to their skillset and “culture fit”, who is invited to a birthday party, or allowed into a home, things like this. These are forms of discrimination. The term itself in common usage has a negative valence which means “bad forms of discrimination”, “bad” according to Liberal/modern sensibilities.
We are talking about modifications to what constitutes bad vs good forms of discrimination.
If someone is still struggling with this, consider the semantics/valence of the phrase “I have a very discriminating taste in art”. This doesn’t have negative valence but the basic idea of discrimination is being invoked here.