Originally Posted by stephanie
But not with legally recognized groups, not with the idea that a disparate impact is not a valid argument against a facially neutral law, which is what TS is arguing. At least, not based on the libertarians I know or my understanding of libertarianism. For example, they seem to think racism is not a longterm problem, as businesses would not be rational in discriminating, but only on focusing on more relevant "groups," such as those good at whatever the job requires. The fact that customers/clients might care about race, etc. seems to them not a concern.
Yeah. To this I will add that the best evidence against the libertarian human nature argument (which holds that we can count on rational human behavior, e.g., the willingness to serve blacks if only to make a profit) is reality itself -- the Jim Crow South. The Southern states showed quite clearly during the 1940s-1960s that they were willing to take a huge economic hit in order to preserve the racial purity of their apartheid state. They understood perfectly well that their insistence on maintaining a two tiered society was costing them all kinds of income -- from tourism, from black customers, from businesses that refused to locate in the South, etc. -- but they deemed Jim Crow to be more important.
Libertarianism, like Marxism, fails because it fails to accept human nature for what it is.