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+=**1ac= |
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+==1ac—abhorrent history== |
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+ |
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+====The 1ac is here to tell a story and this round marks the beginning. Post 9/11 America relies on agents of surveillance that are dedicated to the extermination of the other under a humanitarian guise. this logic of risk management in combination with preventionist functions to assign us all the status of enemy— We are no longer reduced to bare life. All life has become bare.==== |
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+Van Munster, 5/28/2014 – Senior Researcher at the Danish Institute for International Studies (DIIS) and teaches security studies at the Department of Political Science, University of Southern Denmark (Rens, "The War on Terrorism: When the Exception Becomes the Rule", Danish Institute for International Studies, p. 146-152) CS |
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+A direct parallel, then, can be drawn between Agamben's notion of the camp |
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+AND |
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+elevation from homo sacer to an autonomous subject is only a secondary move. |
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+ |
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+ |
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+====Police Practices ARE the sovereign — by instituting a mechanisms of self regulation we promote a violent form of subjectivization that renders all life null ==== |
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+Van Munster, 5/28/2014 – Senior Researcher at the Danish Institute for International Studies (DIIS) and teaches security studies at the Department of Political Science, University of Southern Denmark (Rens, "The War on Terrorism: When the Exception Becomes the Rule", Danish Institute for International Studies, p. 141) CS |
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+Douglas, independent scholar, 2009 – (Jeremy, "Disappearing Citizenship: surveillance and the state of exception", published in Surveillance and Society Vol 6, No 1, p. 34-35 http://library.queensu.ca/ojs/index.php/surveillance-and-society/article/view/3402/3365) CS |
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+Yet what emerges is, on the one hand, a theory of the top |
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+AND |
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+in terms of "bare life" and "the state of exception". |
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+ |
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+ |
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+====Indeterminacy is our internal link—The lynchpin of the polices power comes from qualified immunity-it absolves the sovereign from accountability in unknowability as a tactic to curb citizen agency==== |
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+**De Stefan 16**, Lindsey ~~J.D. Candidate, 2016, Seton Hall University School of Law; B.A., Ramapo College of New Jersey.~~, ""No Man Is Above the Law and No Man Is Below It:" How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct" (2017). Law School Student Scholarship. Paper 850. http://scholarship.shu.edu/student_scholarship/850 CS |
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+Of course, the most outwardly evident and alarming problem with qualified immunity jurisprudence has |
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+AND |
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+no means 'clearly establish' that Brosseau's conduct violated the Fourth Amendment."1 |
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+ |
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+ |
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+====The advent of these structures represents the cessation of our moral agency to the state—complacency in these mechanisms means that structures within the law like qualified immunity serve to diffuse conflict between citizens and the state- trapping us into a neverending cycle of endorsing violent subjectivities==== |
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+**Hassel 85** |
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+ Hassel, Diana. (Associate Professor, Roger Williams University School of Law. B.A. 1979, Mount Holyoke College; J.D. 1985, Rutgers, the State University of New Jersey Newark. Assistant United States Attorney, Southern District of New York) "Living a Lie: The Cost of Qualified Immunity" CS Missouri Law Review 1999 CS |
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+ Current qualified immunity doctrine serves as a means to diffuse conflict. Without a |
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+AND |
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+one hand and reduce political subjects to the naked life of homo sacer . |
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+ |
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+ |
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+==1ac—advocacy text== |
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+ |
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+ |
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+====Thus we will defend the ethic of the united states federal government eliminating the the "clearly established" standard, which holds that police officers are entitled to qualified immunity as long as the law they broke was not clearly established==== |
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+Sam **Wright 15** ~~(Sam Wright, public interest lawyer who has spent his career exclusively in nonprofits and government) Want to Fight Police Misconduct? Reform Qualified Immunity, Above the Law 11-3-2015~~ LADI |
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+Despite the fact that it doesn't appear to be supported by evidence, FBI Director |
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+AND |
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+show that that conduct's illegality has already been clearly established in the courts? |
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+ |
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+ |
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+==1ac—framing== |
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+ |
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+ |
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+====The 1ac is not a plan it's a genealogical investigation of the way in which qualified immunity and doctrines writ large will function . The debate isn't about consequences, its about debating the way in which normative legal thought functions in modernity==== |
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+Mills 8** **(Catherine Mills is currently an ARC Future Fellow and Associate Professor of Bioethics in the Centre for Human Bioethics at Monash University. I was previously employed at University of Sydney, Australia, and have been Lecturer in Philosophy at University of New South Wales, and the Australian National University. I completed a PhD in Philosophy at the Australian National University. My main research interests lie in the areas of biopolitics and bioethics. "Playing with Law: Agamben and Derrida on Postjuridical Justice", The Agamben Effect p. 23-24) CS |
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+To return to my starting point more can now be said of the idea of |
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+AND |
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+can study have no rightful end, it does not even desire one." |
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+ |
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+ |
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+====This is important- the inevitable framework shitstorm in the 1nc presmises their deliberation on the language of the state—call for the card, we do that==== |
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+ |
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+ |
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+====Also solves their kritiks, we view the law as more than just ends —- it is part of a slow unraveling of normative legality that will create a better vocabulary to discuss sovereign violence==== |
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+Agamben, 2005 – professor of philosophy at the College International de Philosophie in Paris (Giorgio, "The State of Exception", pg. 63) CS |
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+In the Kafka essay, the enigmatic image of a law that is studied but |
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+AND |
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+that absolutely cannot be appropriated or made juridical (Benjamin 1992, 41). |
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+ |
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+ |
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+====Theory is a form of ideological punishment that strives to tame unruly subjects, erasing their value in the process==== |
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+Call '2 (Lewis Call, Associate Professor of History @ Cal Poly San Luis Obispo, "Postmodern Anarchism", pg 44-47, wcp) |
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+Nietzsche's pseudoanarchistic critique of law and custom reaches its zenith in the second essay of |
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+AND |
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+opposition to the restrictive cultural and political consensuses enforced by modem liberal states. |
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+ |
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+ |
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+====Statist societies are defined by exclusion – any subject faces the constant threat of being declared bare life, which means the kritik is a prerequisite to any moral theory==== |
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+Robinson '11 (Andrew, Political Theorist, Activist Based in the UK and research fellow affiliated to the Centre for the Study of Social and Global Justice (CSSGJ), University of Nottingham, "Giorgio Agamben: The State and the Concentration Camp", January 7th, https://ceasefiremagazine.co.uk/in-theory-giorgio-agamben-the-state-and-the-concentration-camp/, wcp) |
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+Agamben defines sovereignty mainly in terms of exclusion or exception. Sovereignty is constitutive of |
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+AND |
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+outside normal laws – the refugee detention and border control regime for example. |