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This is all quite intuitively plausible, but what is lacking from both Manne and Smith is the requisite social science. As far as I'm aware, both engage in armchair speculation on the matter.

Manne's key case, for instance, that of the "Stanford Swimmer", seems the exception, not the rule. The judge in question has been removed from office. The plaintiff has, rightly, been sympathetically featured on national platforms like "60 Minutes", while there is no widespread (or even narrow-spread) support for the rapist.

It's easy to cherry pick cases that support a theory. Should we conclude from the "afluenza" case, that there is widespread sympathy for rich kids - when that decision was widely lampooned? Just the opposite, it would seem.

Isolated cases do not a summer make.


I like this! Great passage from Smith. Thanks Eric.

LK McPherson

The better term would be "whimpathy" -- but that would involve recognizing the inconvenient reality of Black males in the U.S.

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Here's a link to my past blogging (and discussions involving me) at: New APPS.


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