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-1AC Kant |
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-I value morality, which must stem from practical reason. |
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-Something qualifies as an action and not a mere event only if it is constituted by practical reason. Rodl Sebastian. Self-Consciousness, Harvard University Press, 2000: |
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-Calculation from desire |
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-the authority of reasons. |
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-analytics |
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-In order to prevent one's own freedom from being violated, agents must submit to a system of reciprocal constraints on their own freedom since the omnilateral will is the only way to ensure that freedom can be universal. |
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-Ripstein Arthur. Force and Freedom: Kant's Legal and Political Philosophy. Harvard University |
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-These difficulties for |
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-adjudication under law. |
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-Thus, the standard is maintaining the omnilateral will. If the government acts to hinder a violation of outer freedom, that is not an act of coercion, it is just a restoration of the rightful condition. Prefer since agency can only be possible by recognizing the same freedom of others—the process of gaining self-consciousness logically commits agents to recognizing universal rights to independence. Neuhouser, Frederick. Introuction to Foundations of Natural Right by Johann Fitche, 2000 |
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-The deduction's second theorem makes |
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-to other rational beings. |
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-analytics |
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-analytics |
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-Contention 1 = Tort Law |
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-Tort law is key to equal freedom. |
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-Ripstein 4 Arthur "Tort, The Division of Responsibility and the Law of Tort" Fordham Law Review Vol. 72 Issue 5 Article 21 |
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-This brings us back to the law of tort. Almost anything I do will |
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-to your ability to set and pursue your own conception of the good. |
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-In any legal system of rights, plaintiffs must be allowed to sue defendants. |
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-Weinrib 02 Ernest J. Weinrib "Corrective Justice in a Nutshell" The University of Toronto Law Journal, Vol. 52, No. 4 (Autumn, 2002), pp. 349-356 http://www.jstor.org/stable/825933 |
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-In sophisticated systems of private law, the overarching justificatory categories expressive of correlativity are |
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-the same as the reasons that justify the existence of the defendant's duty. |
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-Qualified immunity protects officials from civil suits. |
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-Chen 15 Alan K. Chen is the William M. Beaney Memorial Research Chair and professor of law at the University of Denver Sturm College of Law, where he teaches courses in constitutional law, federal courts, and public interest law. An experienced civil rights litigator and former ACLU staff attorney, Professor Chen continues to do pro bono work in constitutional rights cases. "Qualified Immunity Liming Access to Justice and Impeding Development of the Law" Human Rights Magazine Home 2015 (Vol. 41) Vol. 41, No. 1 - Lurking in the Shadows: the Supreme Court's Quiet Attack on Civil Rights http://www.americanbar.org/publications/human_rights_magazine_home/2015—vol—41-/vol—41—no—1—-lurking-in-the-shadows—the-supreme-court-s-qui/qualified-immunity-limiting-access-to-justice-and-impeding-devel.html |
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-Savana sued the school personnel |
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-law." Safford, 557 U.S. at 378–79. |
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-Contention 2 = Accountability |
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-Violations of equal freedom necessitate punishment and accountability for the wrongdoer. |
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-Ripstein 6 Arthur Ripstein (Professor of Law and Philosophy, University of Toronto) "Private Order and Public Justice: Kant and Rawls" U Toronto, Legal Studies Research Paper No. 894431 Virginia Law Review, Vol. 92, No. 7, 2006 April 4th 2006 http://www.law.utoronto.ca/documents/Ripstein/privateorder_publicjustice.pdf JW |
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-Normatively, the law remains supreme even in the face of violation. Kant's technical |
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-alone. Her hindrance to freedom is thus hindered by sealing it off. |
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-Qualified immunity makes police accountability impossible. If you kill someone, there should be ramifications. |
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-Chemerinsky 14 Erwin (dean of the School of Law at the University of California, Irvine, is the author of the forthcoming book "The Case Against the Supreme Court.") "How the Supreme Court Protects Bad Cops" The New York Times August 26^^th^^ 2014 http://www.nytimes.com/2014/08/27/opinion/how-the-supreme-court-protects-bad-cops.html |
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-When there is not absolute immunity, police officers are still protected by "qualified |
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-how many more riots will it take before the Supreme Court changes course? |
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-Even if there are specific cases in which qualified immunity creates just outcomes, the state must first ensure that there are just procedures. |
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-Korsgaard 8 Christine "Taking the Law into Our Own Hands: Kant on the Right to Revolution" The Constitution of Agency: Essays on Practical Reason and Moral Psychology Oxford University Press http://www.klindeman.com/uploads/3/8/2/2/38221431/korsgaard_-_taking_the_law_into_our_own_hands.pdf |
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-This reading, however, does not sit well with the obviously Platonic character of |
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-normatively speaking, we must stand by their actual results. |
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-UV |
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-Aff gets rvis |