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Jacob Waller's avatar

An important aggravating feature in this story, which is basically unique to the American legal system, is the quantum of damages. In most ordinary (and rational) legal systems, damages awards are tied to actual loss which will be suffered by the plaintiff. Assuming Mr Diaz here was earning $80k a year, and the court considered it reasonable that he would take about 12 months to find new employment, then his damages would be $80k. Throw in a bit more for the loss caused by 'pain and suffering', and you're looking at something like $100k.

But because American damages awards are entirely detached from reality, you get these ludicrous stories of factory workers getting compensated with more money than they'd earn in 10 lifetimes.

And in the end, the incentives which drive this entire social phenomenon you are describing are financial.

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James Kierstead's avatar

In response to the bits about Saddam and Stalin, you might find the concept of 'flattery inflation' useful. Basically, if everybody is saying Saddam is a great man, or even putting up life-size statues of him, you need to put up a super-life-size statue of him to get noticed as a good citizen (or subject).

With Wokeness, unfortunately, I think there's now a similar dynamic. Anyone can criticize obvious or actual racism in a restrained, civilized way; the only thing that will really boost your stock now is getting someone fired for something that only you (with your exquisite sensitivity and your advanced degrees) could tell was a 'harmful trope.'

On flattery inflation: http://abandonedfootnotes.blogspot.com/2011/12/flattery-inflation.html

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