home *** CD-ROM | disk | FTP | other *** search
- Xref: sparky alt.dads-rights:3563 soc.men:23440 soc.women:23186 misc.legal:23504
- Newsgroups: alt.dads-rights,soc.men,soc.women,misc.legal
- Path: sparky!uunet!math.fu-berlin.de!ira.uka.de!scsing.switch.ch!univ-lyon1.fr!ghost.dsi.unimi.it!rpi!uwm.edu!psuvax1!castor.cs.psu.edu!beaver
- From: beaver@castor.cs.psu.edu (Don Beaver)
- Subject: Re: Sexual Discrimination
- Message-ID: <C1KJ5E.Hn8@cs.psu.edu>
- Sender: news@cs.psu.edu (Usenet)
- Nntp-Posting-Host: castor.cs.psu.edu
- References: <93026.133156RIPBC@CUNYVM.BITNET> <C1Ipq3.JLs@apollo.hp.com> <93027.141620RIPBC@CUNYVM.BITNET>
- Date: Thu, 28 Jan 1993 14:34:26 GMT
- Lines: 38
-
- <RIPBC@CUNYVM.BITNET> writes:
- >>> I think you are overstating your case to say that the data do not
- >>>(data is plural of datum) add up to anything. You really should say that
- >>>the data are not decisive. But then decisive data are almost never avaiable.
- >>>The data presented are a prima facie case that discrimination exists
- >>
- >> No it ISN'T! Any more than the fact that blacks and women are
- >> way underrepresented among workimg EE's relative to their % of
- >> the population is "prima facie" evidence for discrimination
- >> in this field. There *might* be discrimination; it doesn't
- >> rule it out; but it doesn't support it, either.
-
- > Yes it is. Prima facie means `at first glance', not `at last glance'.
- >When there is a very substantial difference, then it is, at first glance,
- >evidence that discrimnation exists. If you are holding a gun over
- >a dead body, it is, at first glance, evidence that you are the killer.
- >Of course, the discrimination might not be there, and you might not be
- >the killer, YES, BUT, at first glance it does count for something. I
- >would suggest you read up on non-monotonic reasosning which the logic
- >operating here.
-
- I think both of you are right.
-
- In general terms, "prima facie" means "apparent," "at first glance" --
- so indeed an underrepresentation of blacks among EE's could be evidence
- of discrimination, at first glance.
-
- In legal terms, I believe "prima facie evidence" implies furthermore
- that the evidence is sufficient to make a conclusion which must
- be disproved. In other words, it implies a default conclusion
- as well, which the general, "at first glance" meaning might not.
- Thus, underrepresentation might not *legally* be prima facie evidence.
-
- But I'm not a lawyer (what lawyer would say "both of you are right," anyway?).
-
- Don
- --
- beaver@cs.psu.edu Opinions from the PC-challenged
-