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+====The legal system is fundamentally flawed—the law is seen as necessary and perfect, but allows for oppression and suffering. Shortcomings of laws cannot be solved with minor adjustments—they grant legitimacy to a flawed system. Gordon '87:==== |
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+**Robert W. Gordon, Professor of Law at Stanford University. "Unfreezing Legal Reality: Critical Approaches to Law", Florida State University Law Review (15 Fla. St. U.L. Rev. 195), 1987. ** |
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+Now a central tenet of CLS work has been that the ordinary discourses of law |
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+AND |
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+taking collective action against evil without suffering the greater evil of despotic power. |
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+====SCOTUS repeatedly sides with police departments-wipes out chance of litigation. Eichelberger 6/22/16 ==== |
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+Eichelberger, By Erika. "How The Supreme Court Protected Cops In Racial Bias Cases." Fusion. Fusion Media Network, 22 June 2016. Web. 31 Oct. 2016. |
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+In 2015, more than 700 Americans were killed by the police, according to |
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+AND |
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+wrote, "The Sandoval decision virtually wiped out racial profiling litigation nationwide." |
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+====Structural violence is the equivalent of a thermonuclear war against the poor- it represents structural violence that causes conflict on larger scales. Gilligan '96==== |
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+Gilligan, Prof @ Harvard, 96 (James Gilligan, Department of Psychiatry at Harvard Med and Director of the Center for the Study of Violence, 1996, Violence: Our Deadly Epidemic and its Causes p. 191-196) |
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+The deadliest form of violence is poverty. You cannot work for one day with the violent people who fill our prisons and mental hospitals for the criminally insane without being forcible and constantly reminded of the extreme poverty and discrimination that characterizes their lives. Hearing about their lives, and about their families and friends, you are forced to recognize the truth in Gandhi's observation that the deadliest form of violence is poverty. Not a day goes by without realizing that trying to understand them and their violent behavior in purely individual terms is impossible and wrong-headed. Any theory of violence, especially a psychological theory, that evolves from the experience of men in maximum security prisons and hospitals for the criminally insane must begin with the recognition that these institutions are only microcosms. They are not where the major violence in our society takes place, and the perpetrators who fill them are far from being the main causes of most violent deaths. Any approach to a theory of violence needs to begin with a look at the structural violence in this country. Focusing merely on those relatively few men who commit what we define as murder could distract us from examining and learning from those structural causes of violent death that are far more significant from a numerical or public health, or human, standpoint. By "structural violence" I mean the increased rates of death, and disability suffered by those who occupy the bottom rungs of society, as contrasted with the relatively lower death rates experienced by those who are above them. Those excess deaths (or at least a demonstrably large proportion of them) are a function of class structure; and that structure is itself a product of society's collective human choices, concerning how to distribute the collective wealth of the society. These are not acts of God. I am contrasting "structural" with "behavioral violence," by which I mean the non-natural deaths and injuries that are caused by specific behavioral actions of individuals against individuals, such as the deaths we attribute to homicide, suicide, soldiers in warfare, capital punishment, and so on. Structural violence differs from behavioral violence in at least three major respects. *The lethal effects of structural violence operate continuously, rather than sporadically, whereas murders, suicides, executions, wars, and other forms of behavioral violence occur one at a time. *Structural violence operates more or less independently of individual acts; independent of individuals and groups (politicians, political parties, voters) whose decisions may nevertheless have lethal consequences for others. *Structural violence is normally invisible, because it may appear to have had other (natural or violent) causesThe finding that structural violence causes far more deaths than behavioral violence does is not limited to this country. Kohler and Alcock attempted to arrive at the number of excess deaths caused by socioeconomic inequities on a worldwide basis. Sweden was their model of the nation that had come closes to eliminating structural violence. It had the least inequity in income and living standards, and the lowest discrepancies in death rates and life expectancy; and the highest overall life expectancy in the world. When they compared the life expectancies of those living in the other socioeconomic systems against Sweden, they found that 18 million deaths a year could be attributed to the "structural violence" to which the citizens of all the other nations were being subjected. During the past decade, the discrepancies between the rich and poor nations have increased dramatically and alarmingly. The 14 to 18 million deaths a year caused by structural violence compare with about 100,000 deaths per year from armed conflict. Comparing this frequency of deaths from structural violence to the frequency of those caused by major military and political violence, such as World War II (an estimated 49 million military and civilian deaths, including those by genocide—or about eight million per year, 1939-1945), the Indonesian massacre of 1965-66 (perhaps 575,000) deaths), the Vietnam war (possibly two million, 1954-1973), and even a hypothetical nuclear exchange between the U.S. and the U.S.S.R. (232 million), it was clear that even war cannot begin to compare with structural violence, which continues year after year. In other words, every fifteen years, on the average, as many people die because of relative poverty as would be killed by the Nazi genocide of the Jews over a six-year period. This is, in effect, the equivalent of an ongoing, unending, in fact accelerating, thermonuclear war, or genocide, perpetrated on the weak and poor every year of every decade, throughout the world. Structural violence is also the main cause of behavioral violence on a socially and epidemiologically significant scale (from homicide and suicide to war and genocide). The question as to which of the two forms of violence—structural or behavioral—is more important, dangerous, or lethal is moot, for they are inextricably related to each other, as cause to effect. |
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+====Structural violence outweighs hypothetical future conflicts – it lays the seeds for environmental degradation and war—-impact is extinction==== |
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+**Szentes 8 **(Tamás, Professor Emeritus at the Corvinus University of Budapest, and member of the Hungarian Academy of Sciences, "Globalisation and prospects of the world society" http://www.eadi.org/fileadmin/Documents/Events/exco/Glob.___prospects_-_jav..pdf) |
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+*edited for offensive language |
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+It's a common place that human society can survive |
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+AND |
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+mass destructive weapons, and also due to irreversible changes in natural environment. |
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+====The negative advocates a rejection of the faith the affirmative places in the laws ability to solve social problems in favor of critical analysis of the laws purported objectivity and its violent exclusion of alternative perspectives criticize. Singer '94,==== |
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+**"The Player and the Cards: Nihilism and Legal Theory," Yale Law Journal (94 Yale L.J. 1), November, http://www.jstor.org/stable/796315 ** |
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+What shall we do then about legal theory? I think we should abandon the |
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+AND |
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+live together. We are going to have to answer that question ourselves. |
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+====First is link to the role of the ballot. Gordon states the discourse of the AC emphasizes submission to the law over personal action. ==== |
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+====Second, their form of legal interpretation is violent, ensures dominance and destroys frames of thinking. Henderson '91,==== |
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+**Lynne Henderson, Professor of Law at the Indiana University School of Law at Bloomington, 1991 ~~"Authoritarianism and the Rule of Law," Indiana Law Journal (66 Ind. L.J. 379), Spring, Available Online to Subscribing Institutions via Lexis-Nexis~~** |
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+The lack of scholarly acknowledgment, until very recently, of Cover's suggestion that law |
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+AND |
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+that violence in turn limits the possibility of finding common meaning and law. |