Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Wednesday, July 2, 2014

Supreme Church of the Corporate States of America

Monday's decision saw the so-called Supreme Court voted 5-4 in favor of Hobby Lobby and Conestoga Wood to determine that corporations have religious rights.  In the most basal of responses, we would most likely see this as a problem of religious encroachment or the anti-science , but in practice, I'd put this down as an issue of corporate power and the corporatist state of the serving Supreme Court justices.  The thing is not just that corporations run things in accordance with their religious beliefs -- that happens quite often.  Hobby Lobby themselves does give a lot of money to religious charities.  Chick-Fil-A is closed on Sundays and religious holidays as well as printing Bible references on their containers.  There's nothing really problematic about that per se.  These sorts of actions, though, really operate on a scale of funds, when you get right down to it (i.e. what they do with their money).  What this decision really allows is for the religious beliefs of the owners of corporations to determine factors on the lives of their employees.  Now, you're not really dealing with the money alone, but with the lives of employees.

Why I say this is really a matter of corporate power is the fact that it rather blatantly ignores the religious beliefs of the employee and favors the rights of the employers.  In the case of Hobby Lobby, they qualify as what is known as a "tightly held" corporation, where a small group within the family owns at least 50% of the stock, which makes them the sole controlling interest.  In theory, this implies that company policy is theirs to decide and no one can override them, even if all other shareholders are against it.  But there are things corporations generally can't do regardless of how much they might like to.  Generally speaking, when we are dealing with issues of basic rights, the rights of one individual end where another individual's rights begin.  This is basically the inevitable flow of equal protection under the law.  One person's freedom of religion is all well and good, but they can't take their religion to the point of its destruction of another person's free exercise of their beliefs.  Herein lies the core problem with the idea of giving a corporation the privilege of religious exercise -- a corporation doesn't just consist of a single religious belief.  You will have employees who are of different beliefs and different views.  The Supreme Court's decision is basically saying that the rights of those who own the company are more important than the rights of the employees...  although in a sense, this is practically equivalent to saying that only the rights of the corporations can ever matter.

Tuesday, April 17, 2012

Learning Could Hurt Too Many Feelings

Often times, liberals are associated with following the sort of namby-pamby consideration for "feelings" that creates the shift from using the word "cow" to using the term "Bovine-American."  We're not just supposed to be the guys who think socialism is awesome, but we also think the laws should outlaw the use of insulting language like "Chinese" in place of "Asian"...  as if that isn't technically disregarding the differentiation between multiple distinct cultures...  oh, well.  Strangely, liberal as I may lean, I'm not one of them.

Now I'm not about to say that we should forgo foul language, but that there's a line to be drawn.  There's a difference between using the N-word when referring to black people, and saying that creationism is idiotic.  A key difference here is that in one case, you're talking about people, and in another, you're talking about an idea.  Ideas don't have feelings to be hurt in the first place, and like all liberals, I do care about fairness.  The thing is that a lot of people presume that fair treatment of all ideas means they all get equal "time" and an equal "voice" in discourse...  hence why creationist fountainheads like the so-called Discovery Institute can work in lobbying for "academic freedom" bollocks.  Well, it doesn't quite work that way.  First of all, we can't just take ideas willy-nilly.  We need to be able to differentiate between fact and opinion, at the very least.  More importantly, treating ideas fairly doesn't mean open season for all ideas -- it means putting all ideas under equal scrutiny and upheld to the same intellectual standards.

Well, the fact that people who hold ideas on faith tend to hold them emotionally and without serious thought means it creates an avenue for people to say their feelings are hurt...  as if that puts the scrutiny off limits.  People who do this define "fairness" as whatever-works-out-in-my-own-benefit.  "We can be intolerant of gays, but it's unfair for people to rebuke our intolerance...  How dare you be so cruel to speak ill of our ignorant asshattery!"  I don't buy into this kind of crap.  Bad ideas deserve to be rebuked because they're bad ideas.  If it hurts your feelings because you hold bad ideas dearly on personal faith...  well, tough luck.  You held a bad idea.  Deal with it.

Friday, August 5, 2011

The Defiling Touch of a Samosa

The U.S. has a history of truly bizarre laws and incredible examples of frivolous lawsuits.  This is a country where laws exist to prohibit raping a dog underwater...  or firing a shotgun from a moving vehicle when hunting whales.  Wonder how it works when we're on dry land or when we're hunting baby seals instead of whales.  I'm sure there are a few people out there who remember the tale of the couple who sued a manufacturer of ceiling fans for failing to provide a warning label which said "Caution : Do not toss your child up and down beneath a ceiling fan while it is operating."  Apparently, we have a court system which says that people are not at fault for being incomprehensibly stupid.  We also have a weird legal system that tries to weigh feelings and emotions in terms of dollars and cents by having things like "pain and suffering" as factors in lawsuits.

An Indian restaurant in New Jersey named Mughal Express committed what I would honestly consider a rather egregious criminal act.  That crime was to charge $35.00 for a plate of vegetable samosas.  Seriously??!??  $35 is the price for a platter of veggie samosas?!  What are you putting in there that is worth $35?  I'm aware that it's for a large tray suitable for a large party, but still, I can't comprehend it being worth more than $10.  Do they deep-fry in truffle oil or something?

Oh wait...  that's not what they were charged with.  They were charged with the crime of making a mistake and sending the wrong type of samosas to the customer.   The group of 16 that placed the order specifically ordered veggie samosas (they were vegetarians) and got a plate of meat-filled samosas (most likely lamb-filled, but I don't have a source which clarifies this) instead.  This sort of thing happens all the time all over the place.  I, being a vegetarian as well, have frequently ordered something to find that -- oh, wait, this has chicken, or it has bacon, or it has ham, or whatever...  The restaurants always take it back and replaces it without incident, and once in a while, they also tell me my meal is gratis, or at the very least offer some other addition like a dessert or drink for free.  I'm perfectly fine with that.

But then, I'm a filthy unbeliever, so what do I know?