Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice, without constraint.
People who face discrimination due to the color of their skin, are often obstructed by institutional barriers across our society - from education and housing, to employment and healthcare, to voting rights and the criminal justice system.
History or custom or social utility or some compelling sense of justice or sometimes perhaps a semi-intuitive apprehension of the pervading spirit of our law must come to the rescue of the anxious judge and tell him where to go.
Why has government been instituted at all? Because the passions of men will not conform to the dictates of reason and justice, without constraint.