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	<title>Comments on: Incarceration Again</title>
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	<description>Out of the crooked timber of humanity, no straight thing was ever made</description>
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		<title>By: Kieran Healy&#8217;s Weblog &#187; Blog Archive &#187; Speaking of Hackery</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157756</link>
		<dc:creator>Kieran Healy&#8217;s Weblog &#187; Blog Archive &#187; Speaking of Hackery</dc:creator>
		<pubDate>Thu, 01 Jun 2006 23:09:52 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157756</guid>
		<description>[...] Astonishing, indeed, until you recall that Washington D.C. is a city, and Iraq is a country. As it happens, only last week we were looking at OECD data on national rates of death due to assault. The U.S. rate is exceptionally high compared to peer nations&#8212;around 6 per 100,000. But this is still some distance behind Iraq, I thnk. In the meantime, I have an offer for Rep. King. He should pay my expenses for a vacation to DC, including a flight to the city, a taxi to a local hotel, a few dinners out at restaurants. Maybe some tickets some museums and local sights, perhaps a concert or a game. At the same time, he could take a parallel trip to Baghdad and do the same things&#8212;commercial flight in, local taxi, wander out for dinner, etc. We&#8217;ll both bring camcorders and see how it works out. If DC is so much more dangerous than Iraq I&#8217;m sure something like this would really show up people who say the situation in Iraq is terrible. [...]</description>
		<content:encoded><![CDATA[	<p>[...] Astonishing, indeed, until you recall that Washington D.C. is a city, and Iraq is a country. As it happens, only last week we were looking at <span class="caps">OECD</span> data on national rates of death due to assault. The U.S. rate is exceptionally high compared to peer nations&#8212;around 6 per 100,000. But this is still some distance behind Iraq, I thnk. In the meantime, I have an offer for Rep. King. He should pay my expenses for a vacation to DC, including a flight to the city, a taxi to a local hotel, a few dinners out at restaurants. Maybe some tickets some museums and local sights, perhaps a concert or a game. At the same time, he could take a parallel trip to Baghdad and do the same things&#8212;commercial flight in, local taxi, wander out for dinner, etc. We&#8217;ll both bring camcorders and see how it works out. If DC is so much more dangerous than Iraq I&#8217;m sure something like this would really show up people who say the situation in Iraq is terrible. [...]</p>
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		<title>By: Crooked Timber &#187; &#187; Speaking of Hackery</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157592</link>
		<dc:creator>Crooked Timber &#187; &#187; Speaking of Hackery</dc:creator>
		<pubDate>Thu, 01 Jun 2006 04:47:19 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157592</guid>
		<description>[...] Astonishing, indeed, until you recall that Washington D.C. is a city, and Iraq is a country. As it happens, only last week we were looking at OECD data on national rates of death due to assault. Rep. King may want to look at where the United States is on that chart compared to some of its peers. In the meantime, I have an offer for him. Rep. King should pay my expenses for a vacation to DC, including a flight to the city, a taxi to a local hotel, a few dinners out at restaurants. Maybe some tickets some museums and local sights, perhaps a concert or a game. At the same time, he could take a parallel trip to Baghdad and do the same things&#8212;commercial flight in, local taxi, wander out for dinner, etc. We&#8217;ll both bring camcorders and see how it works out. If DC is so much more dangerous than Iraq I&#8217;m sure something like this would really show up people who say the situation in Iraq is terrible. posted on Wednesday, May 31st, 2006 at 11:44 pm      Post a comment [...]</description>
		<content:encoded><![CDATA[	<p>[...] Astonishing, indeed, until you recall that Washington D.C. is a city, and Iraq is a country. As it happens, only last week we were looking at <span class="caps">OECD</span> data on national rates of death due to assault. Rep. King may want to look at where the United States is on that chart compared to some of its peers. In the meantime, I have an offer for him. Rep. King should pay my expenses for a vacation to DC, including a flight to the city, a taxi to a local hotel, a few dinners out at restaurants. Maybe some tickets some museums and local sights, perhaps a concert or a game. At the same time, he could take a parallel trip to Baghdad and do the same things&#8212;commercial flight in, local taxi, wander out for dinner, etc. We&#8217;ll both bring camcorders and see how it works out. If DC is so much more dangerous than Iraq I&#8217;m sure something like this would really show up people who say the situation in Iraq is terrible. posted on Wednesday, May 31st, 2006 at 11:44 pm      Post a comment [...]</p>
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		<title>By: unbveleivable</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157421</link>
		<dc:creator>unbveleivable</dc:creator>
		<pubDate>Tue, 30 May 2006 13:44:18 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157421</guid>
		<description>Let’s get a little perspective:

The United States has 5% of the world’s population and 25% of the prison population, or more than 2 million of eight million imprisoned worldwide.

About 1,222,000 of 1,983,000 incarcerated in 2000 are nonviolent, or 61.6%, not exactly a winning argument for the idea we are protecting society from the “worst” offenders.
(see:http://www.cjcj.org/pubs/punishing/punishing.html)

Remember also, many crimes defined as violent, may be bar fights, domestic disputes and DUI collisions—bad events perhaps, but not necessarily the work of career criminals.

An entrenched corrections industry, replete with glitzy Las Vegas conventions and lobbyists are a driving force in criminal justice expenditures and policy, if you can call lining your pockets a policy. And the conviction-driven prosecutors armed with mandatory sentencing who have taken judicial discretion away from the courts.
(see: Paul Craig Roberts, Presumed guilty, http://www.counterpunch.org/roberts12212005.html)

Releasing millions of americans back into their communities (96% of all prisoners are released), saddled with lifelong “felonies” that bar them from meaningful employment, six million children living as orphans of the prison boom, should not nake any of us feel safer.

Tonight on one of those interminable “cop” shows, I watched Las Vegas police incarcerate a women for stealing two packages of steak. She had a six month old child in the car, and they made clear the child would be placed in state custody, and probably into the foster care system, since she had no relatives to care for it. They had no choice either.

That should really work out well. Nice use of public resources.</description>
		<content:encoded><![CDATA[	<p>Let&#8217;s get a little perspective:</p>

	<p>The United States has 5% of the world&#8217;s population and 25% of the prison population, or more than 2 million of eight million imprisoned worldwide.</p>

	<p>About 1,222,000 of 1,983,000 incarcerated in 2000 are nonviolent, or 61.6%, not exactly a winning argument for the idea we are protecting society from the &#8220;worst&#8221; offenders.<br />
(see:http://www.cjcj.org/pubs/punishing/punishing.html)</p>

	<p>Remember also, many crimes defined as violent, may be bar fights, domestic disputes and <span class="caps">DUI</span> collisions&#8212;bad events perhaps, but not necessarily the work of career criminals.</p>

	<p>An entrenched corrections industry, replete with glitzy Las Vegas conventions and lobbyists are a driving force in criminal justice expenditures and policy, if you can call lining your pockets a policy. And the conviction-driven prosecutors armed with mandatory sentencing who have taken judicial discretion away from the courts.<br />
(see: Paul Craig Roberts, Presumed guilty, <a href="http://www.counterpunch.org/roberts12212005.html)" rel="nofollow">http://www.counterpunch.org/roberts12212005.html)</a></p>

	<p>Releasing millions of americans back into their communities (96% of all prisoners are released), saddled with lifelong &#8220;felonies&#8221; that bar them from meaningful employment, six million children living as orphans of the prison boom, should not nake any of us feel safer.</p>

	<p>Tonight on one of those interminable &#8220;cop&#8221; shows, I watched Las Vegas police incarcerate a women for stealing two packages of steak. She had a six month old child in the car, and they made clear the child would be placed in state custody, and probably into the foster care system, since she had no relatives to care for it. They had no choice either.</p>

	<p>That should really work out well. Nice use of public resources.</p>
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		<title>By: John Emerson</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157411</link>
		<dc:creator>John Emerson</dc:creator>
		<pubDate>Tue, 30 May 2006 12:06:14 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157411</guid>
		<description>Martin James -- the forms of racism you mentioned didn&#039;t last long and weren&#039;t very pervasive. Racist feelings and acts against blacks, Indians, and Mexicans were pervasive and endure. The rationales for American racism vary and many racists don&#039;t really ask themselves why they&#039;re racist, they just go ahead with it.

My explanation was not primarily economic though there was an economic component. The three groups I mentioned became Americans by violence and against their will. (To a degree, voluntary middle-class Americans of Hispanic or black origin relate differently to American life, though poor Mexican-American and Central-American Hispanic immigrants have about the same standing as, or worse than, poor American Hispanics whose families were conquered in he XIXc.)</description>
		<content:encoded><![CDATA[	<p>Martin James&#8212;the forms of racism you mentioned didn&#8217;t last long and weren&#8217;t very pervasive. Racist feelings and acts against blacks, Indians, and Mexicans were pervasive and endure. The rationales for American racism vary and many racists don&#8217;t really ask themselves why they&#8217;re racist, they just go ahead with it.</p>

	<p>My explanation was not primarily economic though there was an economic component. The three groups I mentioned became Americans by violence and against their will. (To a degree, voluntary middle-class Americans of Hispanic or black origin relate differently to American life, though poor Mexican-American and Central-American Hispanic immigrants have about the same standing as, or worse than, poor American Hispanics whose families were conquered in he XIXc.)</p>
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		<title>By: Michael Mouse</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157407</link>
		<dc:creator>Michael Mouse</dc:creator>
		<pubDate>Tue, 30 May 2006 11:23:42 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157407</guid>
		<description>I&#039;m very much of the opinion that these graphs simply reflect the vast productivity gap between the USA and the rest of the world.  The American penal system is clearly hugely more efficient in terms of output.  Likewise, American violent assaulters are performing at a spectacularly greater rate than their un-American comparators.

Oh, and just to note in passing that if you turn the graph on its side (and reflect it), it&#039;s very much a hockey-stick graph.</description>
		<content:encoded><![CDATA[	<p>I&#8217;m very much of the opinion that these graphs simply reflect the vast productivity gap between the <span class="caps">USA</span> and the rest of the world.  The American penal system is clearly hugely more efficient in terms of output.  Likewise, American violent assaulters are performing at a spectacularly greater rate than their un-American comparators.</p>

	<p>Oh, and just to note in passing that if you turn the graph on its side (and reflect it), it&#8217;s very much a hockey-stick graph.</p>
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		<title>By: Harald Korneliussen</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157401</link>
		<dc:creator>Harald Korneliussen</dc:creator>
		<pubDate>Tue, 30 May 2006 07:32:47 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157401</guid>
		<description>Martin James, if eugenicists didn&#039;t target blacks as much as &quot;degenerate&quot; whites, I suspect that had to do with relative rates of intermarriage. 

Also, eugenicist racism was and is subtly different from popular racism.</description>
		<content:encoded><![CDATA[	<p>Martin James, if eugenicists didn&#8217;t target blacks as much as &#8220;degenerate&#8221; whites, I suspect that had to do with relative rates of intermarriage.</p>

	<p>Also, eugenicist racism was and is subtly different from popular racism.</p>
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		<title>By: Martin James</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157393</link>
		<dc:creator>Martin James</dc:creator>
		<pubDate>Tue, 30 May 2006 05:16:43 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157393</guid>
		<description>John Emerson,

If I understand correctly, your model of racism in the US is primarily economic.  In other words, in terms of labor (slavery) or land ( Indian and Mexican wars) racism was part of what helped one group ( the &quot;whites&quot;) to get stuff from the others ( the &quot;blacks&quot;  and the &quot;browns&quot;) .

Seems roughly plausible but i&#039;m not sure it captures all teh ups and downs in racism, particularly the racist association of African Americans with crime.  This has hardly been a constant pattern from the slavery days to today. For example,  is you look at the records of the Eugenics movement at Cold Springs harbor from the early 20th century, the negro was not at all the focus of degneracy - the Irish and the Eastern Europeans are the targeted groups.

Now again this could be a labor cost induced racism, but doesn&#039;t seem explained by a grand &quot;slavery  and conquest&quot; narrative.</description>
		<content:encoded><![CDATA[	<p>John Emerson,</p>

	<p>If I understand correctly, your model of racism in the US is primarily economic.  In other words, in terms of labor (slavery) or land ( Indian and Mexican wars) racism was part of what helped one group ( the &#8220;whites&#8221;) to get stuff from the others ( the &#8220;blacks&#8221;  and the &#8220;browns&#8221;) .</p>

	<p>Seems roughly plausible but i&#8217;m not sure it captures all teh ups and downs in racism, particularly the racist association of African Americans with crime.  This has hardly been a constant pattern from the slavery days to today. For example,  is you look at the records of the Eugenics movement at Cold Springs harbor from the early 20th century, the negro was not at all the focus of degneracy &#8211; the Irish and the Eastern Europeans are the targeted groups.</p>

	<p>Now again this could be a labor cost induced racism, but doesn&#8217;t seem explained by a grand &#8220;slavery  and conquest&#8221; narrative.</p>
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		<title>By: Quo Vadis</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157378</link>
		<dc:creator>Quo Vadis</dc:creator>
		<pubDate>Tue, 30 May 2006 00:52:46 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157378</guid>
		<description>John Emerson, 

I am using death due to assault as a proxy measure for violent crime that is relatively independent of level of enforcement or conviction.  I can&#039;t demonstrate the validity of that assumption, but I&#039;ll assert that it is at least reasonable.  Persons convicted of violent crimes account for almost half of the US prison population.

http://www.ojp.usdoj.gov/bjs/glance/corrtyp.htm</description>
		<content:encoded><![CDATA[	<p>John Emerson,</p>

	<p>I am using death due to assault as a proxy measure for violent crime that is relatively independent of level of enforcement or conviction.  I can&#8217;t demonstrate the validity of that assumption, but I&#8217;ll assert that it is at least reasonable.  Persons convicted of violent crimes account for almost half of the US prison population.</p>

	<p><a href="http://www.ojp.usdoj.gov/bjs/glance/corrtyp.htm" rel="nofollow">http://www.ojp.usdoj.gov/bjs/glance/corrtyp.htm</a></p>
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		<title>By: John Emerson</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157361</link>
		<dc:creator>John Emerson</dc:creator>
		<pubDate>Mon, 29 May 2006 21:55:06 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157361</guid>
		<description>Quo Vadis: those are two good, related questions, but I don&#039;t see that yours is better. 

Very few incarcerations indeed are for murder.</description>
		<content:encoded><![CDATA[	<p>Quo Vadis: those are two good, related questions, but I don&#8217;t see that yours is better.</p>

	<p>Very few incarcerations indeed are for murder.</p>
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		<title>By: engels</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157360</link>
		<dc:creator>engels</dc:creator>
		<pubDate>Mon, 29 May 2006 21:51:08 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157360</guid>
		<description>Tracy - I said &quot;it’s doubtful that many crimes reduce liberty at all&quot;. You and Brett have both responded, essentially, that some crimes do reduce liberty. This doesn&#039;t affect my point.

Many crimes do not reduce liberty. Perhaps the crime rate can be lowered by locking lots of people up, and perhaps this is the best thing to do. But anyone who believes this must think that other values are as or more important than liberty, because she accepts a reduction in liberty in order to reduce crime (which very often does not reduce liberty itself). This seems to me to go against the principles of avowed libertarians, many of whom say, for example, that liberty must never be sacrificed for the sake of any other value. That&#039;s why I put this question to Jet, but, unfortunately, never got a serious answer.

BTW my incidental claim that &lt;i&gt;some&lt;/i&gt; libertarians think of liberty as a right held against the state may well be wrong and I happily withdraw it.</description>
		<content:encoded><![CDATA[	<p>Tracy &#8211; I said &#8220;it&#8217;s doubtful that many crimes reduce liberty at all&#8221;. You and Brett have both responded, essentially, that some crimes do reduce liberty. This doesn&#8217;t affect my point.</p>

	<p>Many crimes do not reduce liberty. Perhaps the crime rate can be lowered by locking lots of people up, and perhaps this is the best thing to do. But anyone who believes this must think that other values are as or more important than liberty, because she accepts a reduction in liberty in order to reduce crime (which very often does not reduce liberty itself). This seems to me to go against the principles of avowed libertarians, many of whom say, for example, that liberty must never be sacrificed for the sake of any other value. That&#8217;s why I put this question to Jet, but, unfortunately, never got a serious answer.</p>

	<p><span class="caps">BTW</span> my incidental claim that <i>some</i> libertarians think of liberty as a right held against the state may well be wrong and I happily withdraw it.</p>
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		<title>By: Kenny Easwaran</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157357</link>
		<dc:creator>Kenny Easwaran</dc:creator>
		<pubDate>Mon, 29 May 2006 21:35:39 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157357</guid>
		<description>Kieran, I accuse you of cherry-picking data because you hate America!  You say you are looking at &quot;basically well-functioning advanced capitalist democracies&quot; but the facts are obviously biased.  Where is Finland, say?  And Iceland?  And Belgium?  And those notoriously violent Luxembourgians?

Once again, we see how liberals try to make America look bad, first by including &quot;not exactly model states&quot; and now by excluding data...</description>
		<content:encoded><![CDATA[	<p>Kieran, I accuse you of cherry-picking data because you hate America!  You say you are looking at &#8220;basically well-functioning advanced capitalist democracies&#8221; but the facts are obviously biased.  Where is Finland, say?  And Iceland?  And Belgium?  And those notoriously violent Luxembourgians?</p>

	<p>Once again, we see how liberals try to make America look bad, first by including &#8220;not exactly model states&#8221; and now by excluding data&#8230;</p>
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		<title>By: Quo Vadis</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157344</link>
		<dc:creator>Quo Vadis</dc:creator>
		<pubDate>Mon, 29 May 2006 20:05:16 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157344</guid>
		<description>Most commenters here seem to have ignored the obvious correlation between incarceration rate and violent crime as indicated by the rate of death due to assault.  In the presence of a properly functioning judicial system one would expect exactly the indicated correlation.

This correlation also suggests that the war on drugs which is often put forward as a cause of the high incarceration rate may have less of a direct effect than many believe.

The better question is: Why is the rate of violent crime so much higher in the US than in other countries?  This question is often discussed, but general agreement has been difficult to achieve.</description>
		<content:encoded><![CDATA[	<p>Most commenters here seem to have ignored the obvious correlation between incarceration rate and violent crime as indicated by the rate of death due to assault.  In the presence of a properly functioning judicial system one would expect exactly the indicated correlation.</p>

	<p>This correlation also suggests that the war on drugs which is often put forward as a cause of the high incarceration rate may have less of a direct effect than many believe.</p>

	<p>The better question is: Why is the rate of violent crime so much higher in the US than in other countries?  This question is often discussed, but general agreement has been difficult to achieve.</p>
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		<title>By: John Emerson</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157316</link>
		<dc:creator>John Emerson</dc:creator>
		<pubDate>Mon, 29 May 2006 16:27:56 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157316</guid>
		<description>Americans are racist because of the heritage of slavery, the Indian Wars, and the Mexican War. These are all relatively recent realities in historical time (less than 175 years ago). 

By contrast, the subjugation of the Welsh, the Scots, and the Bretons took place gradually over a period of centuries much longer ago, and as I understand many of the subjugated peoples were granted full participation once they accepted defeat.

On the other hand, Basque and Catalan autonomy in Spain, and Irish autonomy in Northern Ireland, still remain live issues.

In none of these cases is visible race a real factor. Americans are probably not more racist than others of W. European descent. (Look at the cases of the aborigines in Africa, or the Turks in Germany. The Turks are even white). But as it happens, whatever racism there originally was was exacerbated by the fact that our victims in the XIXc and before were mostly non-white. 

The Chinese and Japanese cases are a good test. They are voluntary Americans, not victims of conquest, and while they suffered legal disabilities and savage violence at times, ultimately they became mostly accepted as Americans (as did Jews). There is still a lot of residual anti-Asian racism, but it&#039;s much milder than racism against historical victims.

Anti-Indian racism is mild to nonexistent in many places, but becomes intense near reservations and in urban neighborhoods where Indians are common.</description>
		<content:encoded><![CDATA[	<p>Americans are racist because of the heritage of slavery, the Indian Wars, and the Mexican War. These are all relatively recent realities in historical time (less than 175 years ago).</p>

	<p>By contrast, the subjugation of the Welsh, the Scots, and the Bretons took place gradually over a period of centuries much longer ago, and as I understand many of the subjugated peoples were granted full participation once they accepted defeat.</p>

	<p>On the other hand, Basque and Catalan autonomy in Spain, and Irish autonomy in Northern Ireland, still remain live issues.</p>

	<p>In none of these cases is visible race a real factor. Americans are probably not more racist than others of W. European descent. (Look at the cases of the aborigines in Africa, or the Turks in Germany. The Turks are even white). But as it happens, whatever racism there originally was was exacerbated by the fact that our victims in the XIXc and before were mostly non-white.</p>

	<p>The Chinese and Japanese cases are a good test. They are voluntary Americans, not victims of conquest, and while they suffered legal disabilities and savage violence at times, ultimately they became mostly accepted as Americans (as did Jews). There is still a lot of residual anti-Asian racism, but it&#8217;s much milder than racism against historical victims.</p>

	<p>Anti-Indian racism is mild to nonexistent in many places, but becomes intense near reservations and in urban neighborhoods where Indians are common.</p>
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		<title>By: Harald Korneliussen</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157301</link>
		<dc:creator>Harald Korneliussen</dc:creator>
		<pubDate>Mon, 29 May 2006 10:07:11 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157301</guid>
		<description>Brett: regarding the &quot;war on drugs&quot;, I remind you that other states also have that, if it means that posession and use of drugs are illegal. When people say they want an end to the war on drugs, they usually mean that they want to decriminalize use and possession of at least the &quot;milder&quot; drugs. That is very, very unusual in other nations.

Also, I agree with you that all fundamental rights are negative. I also agree with the one who said that private property is a positive right, and thus not fundamental (yes, I suppose I &lt;i&gt;am&lt;/i&gt; an anarchist, then). However, there&#039;s nothing wrong with negotiated, and thus &lt;i&gt;conditional&lt;/i&gt; rights, whether they be for right to health care or right to use of land. We only have to take care that they are well specified and don&#039;t contradict each other.</description>
		<content:encoded><![CDATA[	<p>Brett: regarding the &#8220;war on drugs&#8221;, I remind you that other states also have that, if it means that posession and use of drugs are illegal. When people say they want an end to the war on drugs, they usually mean that they want to decriminalize use and possession of at least the &#8220;milder&#8221; drugs. That is very, very unusual in other nations.</p>

	<p>Also, I agree with you that all fundamental rights are negative. I also agree with the one who said that private property is a positive right, and thus not fundamental (yes, I suppose I <i>am</i> an anarchist, then). However, there&#8217;s nothing wrong with negotiated, and thus <i>conditional</i> rights, whether they be for right to health care or right to use of land. We only have to take care that they are well specified and don&#8217;t contradict each other.</p>
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		<title>By: clew</title>
		<link>http://crookedtimber.org/2006/05/26/incarceration-again/comment-page-2/#comment-157296</link>
		<dc:creator>clew</dc:creator>
		<pubDate>Mon, 29 May 2006 06:00:36 +0000</pubDate>
		<guid isPermaLink="false">http://crookedtimber.org/2006/05/26/incarceration-again/#comment-157296</guid>
		<description>&lt;blockquote&gt;Accepting the existance of “positive” rights has roughly the same effect on moral reasoning that allowing division by zero has in mathematics.&lt;/blockquote&gt;

Yep; leads to the invention of L&#039;Hospital (&#039;s Rule), in which we treat both the upper and the lower (class). badoomp-ching.</description>
		<content:encoded><![CDATA[	<p><blockquote>Accepting the existance of &#8220;positive&#8221; rights has roughly the same effect on moral reasoning that allowing division by zero has in mathematics.</blockquote></p>

	<p>Yep; leads to the invention of L&#8217;Hospital (&#8217;s Rule), in which we treat both the upper and the lower (class). badoomp-ching.</p>
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