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While I disagree with the final premise, I am not saying that this is not an important book to read. Epstein is, as always, a fantastic writer and strong persuader. Worst comes to worst you will have a great time arguing with the pages.
Epstein cogently outlines the history leading up to the enactment of laws that limited the previous autonomy that existed in the realm of employment. Epstein is rare bird in the legal community: he believes that the common law rules governing voluntary contractual arrangements are correct in theory and practice. The unintended consequences of discrimination laws are perverse and prevalent. Minorities who feel they have been discriminated against in not receiving employment (whether or not they have been) are at an advantage in seeking redress as the standard of proof is very weak. Indeed, if it can be shown that as a result of some hiring policy there is a disparate impact on a racial group, the burden shifts to the employer to show that his policy his necessary for the performance of a job. Epstein's point throughout is that the well-intentioned goals behind discrimination statutes produces unintended consequences that result in harming those who the statute was meant to protect. An example of this (there are many detailed examples along with credible empirical data) is that instead of taking a chance that an employer will face discrimination litigation, the business will avoid places that would attract large numbers of minority applicants. The relevant point to understand is that all of these laws come with real costs and these costs must be balanced against the real benefits (not the idealized or imagined ones). As for the benefits, the data is surprisingly sparce that supports the notion that discrimination laws, by themselves, decrease discrimination. That is, absent discrimination laws, minorities would not face rampant discrimination or barriers to employment. Indeed, as Epstein rightly points out, the market burdens those that would pass up qualified job candidates in favor of engaging in racial discrimination and benefits those that disregard race as a relevant consideration in hiring practices. More importantly, as I see it, is Epstein's impassioned defense of the contract. Contracts require that individuals arrive voluntarily at mutually agreeable and mutually beneficial terms. Thus when one artificially inserts into this equation statutory dictates, one imbalances the essential tenets upon which voluntary contract rightly stand. The autonomy that contracting parties previously had is dismantled and in its place is left a system that gives no respect to freedom of association. More important is the perversion of private property that comes with discrimination laws. If one owns a business it is he who must bear the brunt of his losses if his business decisions are not in accordance with the whims of the consumer. Third parties (in this case government)that do not face the loss resulting from the limits placed on contract, must not be in the position to dictate the parameters of contract. Only those who are directly affected (the people contracting) should set up the constraints in a contract. This book is more comprehensive than those points outlined here. It contains useful legal analysis and interesting economic data. Another brilliant work by Epstein.
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Only those readers who already agree with him would not see this as the ravings of an unbalanced anti-environmentalist lunatic. This is obviously written for the Rush Limbaugh/Ann Coultier crowd, who are not particularly interested in facts and balanced opinions, but only want confirmation of their extremist views.
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This is the first book on Bail Enforcement I've ever read, however, so it might compare favorably to others... but alone it seems lacking. It doesn't quite seem worth the textbook price, but is definitely worth checking out of your local library if they have it. A good starting point.
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The latter prompted me to recall the beach scene in "Apocalypse Now" when the American soldiers are recreating a beach leisure activity and the more they tried the more perverse it seemed. No doubt it was also a scene replicated in Kenya and Malaya and in a hundred other places prior to the British leaving.
The actual account while obviously partisan to the British is I think a very honest attempt at covering this period and the author is honest enough to admit that the British police carried out activities that were in effect not much different to those carried out by the Germans in occupied territories. He doesn't mention the effects the large scale reprisals had on the merchant class but does mention that a plethora of pro-unionist bodies such as chambers of commerce were induced by the havoc to change sides in favour of the IRA.
He mentions at least two IRA atrocities of note which are often glossed over in pro-republican accounts and the least convincing of his accounts is probably the massacre of civilians in Dublin by the British at Croke Park an event covered in the "Michael Collins" motion picture by Neil Jordan.
As objective an account as one might hope for from a former British Officer, it is a pity the modern war in the North did not have similar accounts by later variants of the same.
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If you accept the libertarian premises that state redistribution is theft and that private contracting should always be respected, Epstein's arguments do follow. I would say that that just shows how flawed libertarianism is. Society has an undoubted interest in combating private discrimination and the resulting inequalities.
Still, whatever you think of his conclusions, Epstein contributes to clarifying the debate.