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-====I affirm and value Just State Action, meaning government policy that treats people as they deserve.==== |
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-====Since people use their reasoning to form states, we look to individuals’ moral capacities first. As all action results from our ability to reflect, recognizing self-awareness is the basis of all philosophy.==== |
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-Wood 1: Allen W. Wood. "Fichte's Philosophy of Right and Ethics," forthcoming in Günter Zöller (ed). The Cambridge Companion to Fichte. New York: Cambridge University Press. CH |
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-Fichte's Wissenschaftslehre is |
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-latter "real" activity (GA I/2:402-404. SK 236-238). |
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-====Next, the self-awareness that gives us the freedom to act also demands that we recognize others’ freedom and choices.==== |
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-Wood 2: Allen W. Wood. "Fichte's Philosophy of Right and Ethics," forthcoming in Günter Zöller (ed). The Cambridge Companion to Fichte. New York: Cambridge University Press. CH |
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-The condition for |
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-the external world (GA I/3:409). |
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-====Thus, the standard is Respecting Moral Agency. Respecting Moral Agency means viewing both oneself and others as capable of making ethically important choices. This is a means-based standard: I look to whether actions are consistent with the goals of moral agency, not whether outcomes increase it.==== |
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-====Prefer this standard, since:==== |
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-====1 People need to respect agency to achieve any other goods.==== |
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-Kuhler 1: Kuhler, Michael. “Autonomy and The Self,” Wilhelms University, Munster, November 2010. SR |
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-Surely, there are |
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-precedes the self. |
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-====2 Respecting agency recognizes distinct groups’ needs without taking a race- or gender-free approach.==== |
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-Fraser: Fraser, Nancy. Professor on the Graduate Faculty of Political and Social Science, New School for Social Research “Social Justice in the Age of Identity Politics: Redistribution, Recognition, and Participation.” The Tanner Lectures on Human Values, Stanford University, April 30-May 2, 1996. CH |
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-For practical purposes, |
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-do distributive inequities. |
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-====I advocate that the United States federal government ought to limit qualified immunity, or “QI,” for police officers.==== |
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-Wright shows: Wright, Sam. Public Interest Lawyer “Want to Fight Police Misconduct? Reform Qualified Immunity.” Above the Law, Nov. 2015. MZ |
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-To bring about |
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-in the courts? |
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-====Advantage 1: Giving Voice to Victims==== |
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-====U.S. police show consistent and overt racism, disproportionately harming Blacks.==== |
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-Makarechi: Makarechi, Kia. Senior Editor of Mobile and Innovations, The Huffington Post “What the Data Really Says About Police and Racial Bias.” Vanity Fair, July 14, 2016. CH |
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-1. A study |
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-searched without consent. |
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-====Yet QI typically protects those who commit such misconduct simply due to who commits it.==== |
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-Bernick 1: Bernick, Evan Contributor, Foundation for Economic Education “To Hold Police Accountable, Don’t Give Them Immunity.” Foundation for Economic Education. April 2015. RP |
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-But for decades, |
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-“shall be liable.” |
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-====By barring victims from suing police, QI denies their status as moral agents. Instead, harming victims becomes just a “cost of doing business.”==== |
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-Temple Law: Temple Law. “Accountability for Government Misconduct: Limiting Qualified Immunity and the Good Faith Defense.” Temple Law Review, Vol. 49, 1976. MZ |
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-No matter what |
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-of civil liberties. |
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-====Turning away from rights abuses is a form of complicity that actively dehumanizes victims.==== |
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-Kahn: Kahn, DT. “Bystander Intervention and Norm Shifting: A Social Psychological Research Overview,” 2011. EB |
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-In order to |
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-illustrated in Figure 1. |
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-====In contrast, the aff gives victims the agency to confront their oppressors themselves.==== |
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-Wright: Wright, Sam. Contributor, Above the Law “Want to Fight Police Misconduct? Reform Qualified Immunity.” Above the Law, November 2015. RP |
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-As usual, I’ve |
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-needs to change. |
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-====And civil suits uniquely recognize that all people deserve their day in court, respecting agency.==== |
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-Nixa: Nixa, Dan. Civil Rights Attorney “On the Importance of Civil Rights Lawsuits.” Chicagocivilrightslaw.com, May 6, 2016. CH |
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-While civil rights |
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- we are now. |
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-====Advantage 2: Destroying Double-Standards==== |
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-====QI gives police an excuse for participating in even the most horrific injustices: like Nazi officers’ Nuremberg defense that they were “just following orders,” police can oppress the innocent and say they were “just doing their job.” Indeed, QI creates a double-standard, letting police get away with acts that would deemed reprehensible if another actor did them.==== |
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-Heller: Heller, Jacob. J.D. Candidate, Stanford Law School “Abominable Acts.” Vermont Law Review, Vol. 34:311, 2010. LC |
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-In these cases, |
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-of civilized law. |
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-====Indeed, QI sets a precedent that putting on a police hat absolves people of their most basic moral duties.==== |
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-Grigg: Grigg, William N. Contributor, Pro Libertate “‘Qualified Immunity’ – A License to Commit Criminal Violence?” Pro Libertate, October 2013. RP |
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-There is no |
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-in other states. |
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-====Yet moral obligations transcend specific roles, as they come from fundamental humanity; the same basic norms apply to all actors, regardless of who they are.==== |
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-DeGeorge notes: De George, Richard T. University Distinguished Professor of Philosophy, University of Kansas Business Ethics. Upper Saddle River, New Jersey: Prentice Hall, Inc., 1999. CH |
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-Because people are |
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-to be moral. |
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-====In contrast, the aff exposes police misconduct, calling attention to the agent behind the action.==== |
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-Bernick 2: Bernick, Evan. Contributor, Foundation for Economic Education “To Hold Police Accountable, Don’t Give Them Immunity.” Foundation for Economic Education, April 2015. RP |
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-Qualified immunity shields |
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- needs to happen? |
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-====And this is true regardless of the lawsuit’s outcome. What matters is the ability to bring a suit, not the results. Affirming makes that possible.==== |
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-Armacost: Armacost, Barbara E. Associate Professor, University of Virginia School of Law “Qualified Immunity: Ignorance Excused.” Vanderbilt Law Review, 1998. RP |
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-Turning to section |
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-kinds of rights: |