Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[21]
  • Caselist.CitesClass[34]

Details

Caselist.RoundClass[21]

EntryDate

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1		-2016-11-20 01:06:22.656
	1	+2016-11-20 01:06:22.0

Caselist.CitesClass[34]

Cites

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	1	+**===Framework===**
	2	+
	3	+====All inquiry starts with a purpose—the ultimate end of thought is the production of belief and the satisfaction of doubt. Ethics is thus aimed at practical ends.====
	4	+**C. S. Peirce.** "How to Make Our Ideas Clear (1878)." The Essential Peirce: Selected Philosophical Writings. Volume 1 (1867-1893. Edited by Nathan Houser and Christian Kloesel. Indian University Press. 124-142
	5	+The principles set forth in the first part of this essay lead, at once
	6	+AND
	7	+conception of these effects is the whole of our conception of the object.
	8	+
	9	+====All fields of knowledge, including moral knowledge, are still constrained by the general procedure of pragmatic inquiry. ====
	10	+**Dewey 1**. "The Problem of Logical Subject Matter." 1938 ~~From Logic: The Theory of Inquiry~~. The Essential Dewey: Ethics, Logic, Psychology. Volume 2. Edited by Hickman and Alexander. Indian University Press. 157-169.
	11	+The word knowledge is also a suitable term to designate the objective and close of
	12	+AND
	13	+such a way as not to be subject to revision in further inquiry.
	14	+
	15	+====Current philosophical methods fail – we must find a scientific methodology that allows us to arrive at truth.====
	16	+**Pierce.** The Fixation of Belief, by Charles S. Peirce. (Charles Sanders Peirce was an American philosopher, logician, mathematician, and scientist who is sometimes known as "the father of pragmatism".) Popular Science Monthly 12 (November 1877), 1-15. NP 8/24/16.
	17	+This method is far more intellectual and respectable from the point of view of reason
	18	+AND
	19	+anybody with a living doubt upon the subject, let him consider it.
	20	+
	21	+====Thus, the standard is consistency with the methodological constraints of social inquiry. This is not an absolutist rule, but a procedure—the pragmatic solution to a given problem varies based on situation. We don't adjust moral beliefs through referring to codified rules but through practical inquiry.====
	22	+**Lekan '03** (Todd, philosophy professor at Muskingum University, "Making Morality: PRAGMATIST RECONSTRUCTION IN ETHICAL THEORY") OS
	23	+I begin with some commonplace observations about skilled expertise in practices. Any developed practice
	24	+AND
	25	+adequate view of practical knowledge. A few preliminary words are in order.
	26	+
	27	+====Prefer additionally: ====
	28	+
	29	+====~~1~~ No a priori truths—they rely on empirical contingencies.====
	30	+**Margolis 12**
	31	+~~Joseph Margolis is a Temple University professor~~ Pragmatism Ascendant
	32	+Hegel saw in this the insuperable weakness of Kant's analysis of knowledge: he saw
	33	+AND
	34	+provisionally actual. (This is, of course, a Hegelian phrasing).
	35	+
	36	+====~~2~~ Construction of reality is determined by what is most efficacious.====
	37	+**Quine 53**
	38	+`From a Logical Point of View' WVO Quine 1953. Print
	39	+As an empiricist I continue to think of the conceptual scheme of science as a
	40	+AND
	41	+as a device for working a manageable structure into the flux of experience.
	42	+
	43	+====This outweighs—any statement can be thought of as true.====
	44	+**Quine 53**
	45	+`From a Logical Point of View' WVO Quine 1953. Print
	46	+If this view is right, it is misleading to speak of the empirical content
	47	+AND
	48	+Kepler superseded Ptolemy, or Einstein Newton ~~and~~ or Darwin Aristotle?
	49	+
	50	+**===Plan===**
	51	+
	52	+====Thus the plan: Resolved: The Supreme Court of the United States ought to limit qualified immunity for police officers by removing the "clearly established" standard for qualified immunity.====
	53	+**Wright '15** (Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government. "Want to Fight Police Misconduct? Reform Qualified Immunity," 11/3, Above The Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/) OS
	54	+As usual, I've not buried the lede: that something is qualified immunity reform
	55	+AND
	56	+show that that conduct's illegality has already been clearly established in the courts?
	57	+
	58	+**===Contention 1 is Experimentation===**
	59	+
	60	+**====Civil courts are biased toward police officers.====**
	61	+**James '14** (Letitia, the New York City Public Advocate, "Prosecutors and police: The inherent conflict in our courts," MSNBC, 12/5, http://www.msnbc.com/msnbc/prosecutors-police-inherent-conflict-our-courts) OS
	62	+District attorneys are often some of the finest public servants. However, the system
	63	+AND
	64	+of broken system that requires a non-conflicted outside entity to intervene.
	65	+
	66	+====Pragmatic inquiry is undermined in legal arenas by political coalitions that taint judicial decisions.====
	67	+**Posner 93**
	68	+RA Posner, 7^^th^^ circuit judge, The Problems of Jurisprudence, 1993, Google Books
	69	+As Peirce and Holmes liked to point out, killing dissenters is a time-
	70	+AND
	71	+area ~~if~~ because judicial decisions become rallying points for political coalitions.
	72	+
	73	+====That means pragmatic experimentation is key—it allows us to counteract biases and develop moral knowledge.====
	74	+**Dewey '31** (John, American philosopher, psychologist, and educational reformer whose ideas have been influential in education and social reform, "Social Science and Social Control (1931)," The Essential Dewey Volume I: Pragmatism, Education, Democracy, edited by Larry A. Hickman and Thomas M. Alexander, 1998) OS
	75	+The point I am making may be summed up by saying that it is a
	76	+AND
	77	+then control on a larger scale by the application of what was learned.
	78	+
	79	+===Contention 2 is Truth-Seeking===
	80	+
	81	+====QI leaves key constitutional issues unanswered since courts will avoid deciding the merits of the case – new tech like tasers proves.====
	82	+**Blum et al. 13**
	83	+Blum, Karen (Professor and Associate Dean at Suffolk University Law School; J.D., Suffolk University Law School; L.L.M., Harvard); Chemerinsky, Erwin (Dean and Distinguished Professor of Law, University of California, Irvine School of Law); and Schwartz, Martin (Professor of Law at Touro Law Center, a leading authority on and author of a multivolume treatise on Section 1983 civil rights litigation). "Qualified Immunity Developments: Not Much Hope Left for Plaintiffs," Touro Law Review: Vol. 29: No. 3, Article 9. 2013. http://digitalcommons.tourolaw.edu/lawreview/vol29/iss3/9 ~~Premier~~
	84	+Similarly, the Sixth Circuit in Embody v. Ward112 left undecided the question of
	85	+AND
	86	+lower courts too have left constitutional issues unanswered as a result of Pearson.
	87	+
	88	+===Underview===
	89	+
	90	+====~~1~~ Plan ensures civilian recourse for rights violations—qualified immunity now is a vicious cycle—it requires incredibly clear legal precedent while also allowing judges to not set any precedents on constitutional rights. Plan solves.====
	91	+**Wright '15** (Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government. "Want to Fight Police Misconduct? Reform Qualified Immunity," 11/3, Above The Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/) OS
	92	+As usual, I've not buried the lede: that something is qualified immunity reform
	93	+AND
	94	+show that that conduct's illegality has already been clearly established in the courts?
	95	+
	96	+====This is a positive double bind—either payouts meaningfully benefit communities or drawn-out lawsuits compel structural change—empirics prove.====
	97	+**Feuer 8/16 **(Alan, NYT, "In Police Misconduct Lawsuits, Potent Incentives Point to a Payout," 2016, http://www.nytimes.com/2016/08/17/nyregion/police-misconduct-lawsuit-settlements.html?_r=1andregister=google) OS
	98	+In many police misconduct cases, the victims and their families are people of limited
	99	+AND
	100	+that has the luxury of refusing that money to make a bigger point."

EntryDate

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	1	+2016-11-20 01:06:24.279

Judge

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	1	+terrance lonam

Opponent

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	1	+valley tg

ParentRound

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	1	+21

Round

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	1	+4

Team

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	1	+Cambridge Rindge Sussman Aff

Title

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	1	+nd - 1ac - pragmatism

Tournament

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	1	+gbx