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But let's do a little thought exercise. Suppose a certain group of people were treated unfairly. Suppose that over the past 10 years, they were taxed a rate 5% higher than everyone else. What is the "just and fair" remedy for this situation?
Oh, so like the current rich population, who IS taxed at a higher rate? Should they be compensated now?
No. Those were the laws, they were followed. They were sucky laws, but they were the laws. The only reasonable way forward is to change the laws and move on.
We disagree. I don't think the situation is as clear cut as you suggest. While I don't pretend to know the best solution, there are clearly factors that make the situation complicated.
For instance, a tax assessor in a small town has some leeway to use his personal judgement in how he handles various homes. If the tax assessor did not like a certain minority group, he could assess their homes at a higher value, resulting in them paying higher taxes. Assume the tax assessor has been doing this for about 10 years.
Someone notices the difference in assessed value and asks the tax assessor about. He readily admits that he assesses homes belonging to that minority a higher value as he doesn't like them, and wants to make it more expensive for them to live in his town (perhaps they will move away).
How would you remedy the situation?
Do we simply say the past is the past, and going forward assessments will be blind to minority status?
Do we return money to those who were overcharged? Do we give them a lower tax rate for the next 10 years? Do we charged those who were not overcharged a surcharge to compensate?
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Let's make this easier. It turns out a bank had a programing error in the software that manages their mortgage portfolio. Banks typically handle paying the home insurance premiums, and bill the customers over the year. For the past 10 years the bank has been overcharging customers for insurance premiums and keeping the difference.
Obviously, once the bank finds the problem they correct the software and going forward, there will be no further overcharges.
As the bank has fixed the situation, and everything is now fair, should the bank be able to keep the hundreds of thousands they have made from overcharges? After all, the past is the past.
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I agree that ideally minority status shouldn't be a factor. However, it is not unreasonable to consider the concept of making up for past errors.