Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[26]
  • Caselist.CitesClass[52]

Details

Caselist.RoundClass[26]

EntryDate

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1		-2016-11-20 19:23:59.738
	1	+2016-11-20 19:23:59.0

Caselist.CitesClass[52]

Cites

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	1	+**===Framework===**
	2	+
	3	+
	4	+====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.====
	5	+**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
	6	+The principles set forth in the first part of this essay lead, at once
	7	+AND
	8	+conception of these effects is the whole of our conception of the object.
	9	+
	10	+
	11	+====All fields of knowledge, including moral knowledge, are still constrained by the general procedure of pragmatic inquiry. ====
	12	+**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.
	13	+The word knowledge is also a suitable term to designate the objective and close of
	14	+AND
	15	+such a way as not to be subject to revision in further inquiry.
	16	+
	17	+
	18	+
	19	+====Current philosophical methods fail – we must find a scientific methodology that allows us to arrive at truth.====
	20	+**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.
	21	+This method is far more intellectual and respectable from the point of view of reason
	22	+AND
	23	+anybody with a living doubt upon the subject, let him consider it.
	24	+
	25	+
	26	+====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.====
	27	+**Lekan '03** (Todd, philosophy professor at Muskingum University, "Making Morality: PRAGMATIST RECONSTRUCTION IN ETHICAL THEORY") OS
	28	+I begin with some commonplace observations about skilled expertise in practices. Any developed practice
	29	+AND
	30	+adequate view of practical knowledge. A few preliminary words are in order.
	31	+
	32	+
	33	+====Prefer additionally: ====
	34	+
	35	+
	36	+====~~1~~ No a priori truths—they rely on empirical contingencies.====
	37	+**Margolis 12**
	38	+~~Joseph Margolis is a Temple University professor~~ Pragmatism Ascendant
	39	+Hegel saw in this the insuperable weakness of Kant's analysis of knowledge: he saw
	40	+AND
	41	+provisionally actual. (This is, of course, a Hegelian phrasing).
	42	+
	43	+
	44	+====~~2~~ Construction of reality is determined by what is most efficacious.====
	45	+**Quine 53**
	46	+`From a Logical Point of View' WVO Quine 1953. Print
	47	+As an empiricist I continue to think of the conceptual scheme of science as a
	48	+AND
	49	+as a device for working a manageable structure into the flux of experience.
	50	+
	51	+
	52	+**===Plan===**
	53	+
	54	+
	55	+====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.====
	56	+**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
	57	+As usual, I've not buried the lede: that something is qualified immunity reform
	58	+AND
	59	+show that that conduct's illegality has already been clearly established in the courts?
	60	+
	61	+
	62	+**===Contention 1 is Experimentation===**
	63	+
	64	+
	65	+**====Civil courts are biased toward police officers.====**
	66	+**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
	67	+District attorneys are often some of the finest public servants. However, the system
	68	+AND
	69	+of broken system that requires a non-conflicted outside entity to intervene.
	70	+
	71	+
	72	+====Pragmatic inquiry is undermined in legal arenas by political coalitions that taint judicial decisions.====
	73	+**Posner 93**
	74	+RA Posner, 7^^th^^ circuit judge, The Problems of Jurisprudence, 1993, Google Books
	75	+As Peirce and Holmes liked to point out, killing dissenters is a time-
	76	+AND
	77	+area ~~if~~ because judicial decisions become rallying points for political coalitions.
	78	+
	79	+
	80	+====That means pragmatic experimentation is key—it allows us to counteract biases and develop moral knowledge.====
	81	+**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
	82	+The point I am making may be summed up by saying that it is a
	83	+AND
	84	+then control on a larger scale by the application of what was learned.
	85	+
	86	+
	87	+
	88	+===Contention 2 is Truth-Seeking===
	89	+
	90	+
	91	+====QI leaves key constitutional issues unanswered since courts will avoid deciding the merits of the case – new tech like tasers proves.====
	92	+**Blum et al. 13**
	93	+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~~
	94	+Similarly, the Sixth Circuit in Embody v. Ward112 left undecided the question of
	95	+AND
	96	+lower courts too have left constitutional issues unanswered as a result of Pearson.
	97	+
	98	+
	99	+
	100	+===Underview===
	101	+
	102	+
	103	+====Plan is a positive double bind—either payouts meaningfully benefit communities or drawn-out lawsuits compel structural change—empirics prove.====
	104	+**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
	105	+In many police misconduct cases, the victims and their families are people of limited
	106	+AND
	107	+that has the luxury of refusing that money to make a bigger point."
	108	+
	109	+
	110	+====Lawsuits deter brutality.====
	111	+**Gilles '01** (Mirriam, Assistant Professor, Cardozo Law School, "In Defense of making Government Pay: The Deterrent Effect of Constitutional Tort Remedies," Georgia Law Review, Vol. 35, 2001.) OS bracketed for gender
	112	+The question of whether constitutional tort remedies serve any deterrent effect is, I think
	113	+AND
	114	+the knowledge that a suspect might sue for damages has no inhibitory effect.
	115	+
	116	+
	117	+====Your vague criticism of social systems are insufficient – we need solutions to particular problems and in depth discussions of solutions to the specific issue. This means discussion must be a means, not an end – their speech act's not a voter.====
	118	+**Pappas 16.** The Pragmatists Approach to Injustice, by Gregory Fernando Pappas. The Pluralist, Volume 11, Number 1, Spring 2016, pp. 58-77. Published by University of Illinois Press.
	119	+The radical contextualism and particularism of pragmatism is, however, com- patible with
	120	+AND
	121	+end in itself but a means to ameliorate particular and present injustices.10
	122	+
	123	+
	124	+====Pragmatism is preferable to theories that focus on the historical and structural aspects of a certain problem – it's best to start with the everyday circumstances and experiences of the oppressed, rather than theoretical-historical interpretations of problems====
	125	+**Pappas 16.** The Pragmatists Approach to Injustice, by Gregory Fernando Pappas. The Pluralist, Volume 11, Number 1, Spring 2016, pp. 58-77. Published by University of Illinois Press.
	126	+These vague generalities may be useful in designating the subject matter under investigation, but
	127	+AND
	128	+these problems present themselves in our experience" (Lectures in China 53).
	129	+
	130	+
	131	+====Pragmatism avoids overly general conceptions of injustice that ignore particularities of situations, while also avoiding atomistic conceptions of problems that ignore contact – this is key to combat racism and oppression====
	132	+**Pappas 16.** The Pragmatists Approach to Injustice, by Gregory Fernando Pappas. The Pluralist, Volume 11, Number 1, Spring 2016, pp. 58-77. Published by University of Illinois Press.
	133	+Bracketed for ableist langauge
	134	+In the matter of injustice, pragmatism navigates in between
	135	+AND
	136	+particularity without succumbing to the grand causal narratives of some contemporary nonideal theories.

EntryDate

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	1	+2016-11-20 19:24:01.668

Judge

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	1	+michael okrent

Opponent

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	1	+westwood rm

ParentRound

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	1	+26

Round

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	1	+6

Team

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	1	+Cambridge Rindge Sussman Neg

Title

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	1	+nd - 1ac - pragmatism v2

Tournament

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	1	+gbx