Currie Lecture 2016 | Guido Calabresi, Equality in the American Constitution [45:33-49:10]

the same right to be compensated as the other person that is you create expectations in people that this is theirs and that they should be given the equivalent where there is a taking and that happens all the time in the law for those of you who are tortsnicks it's one of the reasons why we do all sorts of things in torts law that may make no more sense in economic terms but which now we do and we do because people's expectations rise it is mine you can't take it just I can't go into it but think of Scott B. Shepherd the flying squib and why the court felt bound to give recovery where there was an indirect intentional act because there was for good economic reason recovery for indirect negligence act and at that point you have to treat people the same way and that's the reason we have to do it and should do it in the area where it is needed so that's a thing which can be can be solved and can in the way that Washington D. Davis remains a problem that there is one other reason and that is that if you have a situation where you have people asking for something and saying we have a constitutional right or we really should get it some have nots who want this and need it and have a right to and you have decision makers who are saying yes you have that right but we don't want to bear the burden we don't need to bear the burden it is we don't have to give compensation then what happens is with the people who are being burdened are going to say don't give them the right okay don't give them the right and at that point we the haves are in the position of say look at that scum out there it is they who are keeping you from your right not us we would let you have it but it is they who are fighting busting it is they who are fighting affirmative action it is they who are knowing all these things and they're disgusting and they're disgusting and that tendency to say it isn't us when the have nots come and ask for something but say it is someone else the little people and who are the little people that will vary in different society in Russia it's the Jews who are keeping you the poor from this it's a people in prison who are not giving you the transplants that you need you know it is always easy to say it is the base if we are not willing to take it on for us and that society it gets out of it that way is cursed thank you