Chegu Aff
Framework
Since ought implies moral obligation, I value morality, which presupposes inclusion since it assumes equal worth and B) since only inclusion can promote compliance. Morality has to guide action; if ethics aren’t grounded in action, then they lose their prescriptive value, destroying morality.
Structural violence is based in moral exclusion; it allows one group to become invisible.
Winter and Leighton 99 [Deborah DuNann Winter and Dana C. Leighton. Winter is a professor of psychology at Whitman College. Leighton is an assistant professor of psychology at Southern Arkansas University. “Peace, conflict, and violence: Peace psychology in the 21st century.” Page 4-5]
She argues that
Thus, the standard is decreasing structural violence.
Prefer since this is a constraint on all theories; if a theory excludes others, then their starting point is flawed. Their analysis of the world will be inaccurate, and if the first premise is flawed, then the conclusion can’t be true.
GUENTHER 12 [Lisa Guenther, The Living Death of Solitary Confinement, The Opinion Pages, The Stone, NYT, Aug 26, 2012]
Deprived of everyday encounters
Alexy 03
Alexy, Robert. "Constitutional rights, balancing, and rationality." Ratio Juris 16.2 (2003): 131-140.
Robert Alexy is a jurist and a legal philosopher. He received his PhD in 1976 with the dissertation A Theory of Legal Argumentation, and he achieved his Habilitation in 1984 with a Theory of Constitutional Rights.
Two Constructions of Constitutional Rights
Any form of ethical system must first acknowledge the social oppression of groups.
Young ‘90:
Young, Iris Marion. Young was Professor of Political Science at the University of Chicago, and affiliated with the Center for Gender Studies and the Human Rights program there. Justice and the Politics of Difference. Princeton, NJ: Princeton UP, 1990. Print. CM
Second,
Plan
QUALIFIED IMMUNITY application has shifted—we now use reasonableness and precedent standards so broad that filing suit is IMPOSSIBLE. Reinhardt ‘15
Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit.
Hope was short-lived.
TEXT: The USFG ought to change the doctrinal formula for qualified immunity replacing the ‘clearly established standard’ and the ‘reasonableness standard’ with a ‘clearly unconstitutional standard for police officers.
That allows us to provide adequate civil rights protection while maintaining consistency with current law—means no link to disads. Jeffries ‘10
University of Virginia School of Law Public Law and Legal Theory Research Paper Series No. 2010-21 What’s Wrong With Qualified Immunity? John C. Jeffries, Jr. University of Virginia School of Law June 2010
A second suggestion would be to
Advantage
The advantage is legal system legitimacy and racism. Court expansion of QUALIFIED IMMUNITY exacerbates racial discrimination in the criminal justice system—the law must be used to safeguard minority rights. Reinhardt ‘15
Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit.
Unfortunately,
Public perception of the judicial system is at an all time low—its treatment of racial minorities is the cause. Reinhardt ‘15
Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit.
This is an especially
Legal legitimacy is key to compliance with the law and maintaining moral order—turns back ethics based NCs. Robinson 11,
Robinson 11 (Paul, ) “Mercy, Crime Control and Moral Credibility” Public Law and Legal Theory Research Paper Series Research Paper No. #10-32
Perhaps the greatest
And, Legal legitimacy is key to promote peace and prevents future conflict. Ban 04,
Ban, 04, Secretary General of the UN [Ki-Moon, “The rule of law and transitional justice in conflict and post-conflict societies”, UN Security Council, August 23, S/2004/616, http://www.unrol.org/files/2004%20report.pdf]
2. The objective of the
Underview
Even if police officers were taken to court—it’s municipalities that would have to pay damages. Means no link to police enforcement DAs and the aff is key to challenging the state. Reinhardt ‘15
Michigan Law Review Volume 113 | Issue 7 2015 The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court's Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences Stephen R. Reinhardt United States Court of Appeals for the Ninth Circuit
Unfortunately, the Court’s