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My guess is that it enables them to spin up their own experimental judicial systems that they believe should exist. To them, relegating to proper courts would b
by Fellshard 7y ago
My guess is that it enables them to spin up their own experimental judicial systems that they believe should exist. To them, relegating to proper courts would be giving up their stake in determining how things 'ought to be'.
Consider, for example, the premise of 'rape culture' which was popularized a few years ago. If such a claim concerning culture is to be made, then it implies the judicial systems external to the institution are reinforcing that culture, and the only way to prevent that from being a part of the institution is to override it with your own judicial system.
Similar logic could be used regarding other sociological claims made in private institutions that they must reinforce in this way.
- joe_the_user 7y agoThat ridiculous claims smacks of conspiracy theory. Any number of institutions have their own committees to judge bad behavior - civil courts of all sorts multiply in a bureaucratic society and colleges just one example of a bureaucracy and one strongly connected to many others in this society.
- Fellshard 7y agoThis is true that bureaucracy breeds judicial systems. My observation is more related to the /why/ of this particular common case. It does not take a conspiracy theory to observe what is said by those enacting Title IX policies and the ensuing results that follow as a natural consequence.
- rubbingalcohol 7y agoCould you elaborate how it follows that the judicial institutions themselves would be reinforcing 'rape culture' in your example? Wouldn't it be more plausible that factors external to the judicial systems might be to blame?
- Fellshard 7y agoThe reasoning being, 'if we let the external systems deal with it, they would not judge rightly by our standards.' If they believed it would judge rightly, they would have no reason to institute their own.
- rubbingalcohol 7y agoI don't think that follows. A civil court would not typically rule that a defendant who was found liable by a preponderance of evidence should be expelled from their academic programs. A criminal court less so. These systems are not equipped to handle the specific remedies that an academic disciplinary program should be designed around providing. Zooming out a bit, I don't think the civil/criminal courts failure to be suitable for handling an academic complaint constitutes a reinforcement of rape culture or anything else. That's akin to saying "by not doing something about [some injustice] you're complicit" which is not necessarily true.
- Fellshard 7y agoI believe they would make that claim, again based on their own reasoning.
- Udik 7y ago> A civil court would not typically rule that a defendant ... should be expelled from their academic program True, but nothing prevents an internal committee from simply acquiring the results of the court and applying sanctions on that base. In fact you don't even need an internal committee, you just need a general rule that applies automatically.