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... ... @@ -1,0 +1,85 @@ 1 +==1AC== 2 + 3 + 4 +===Framework=== 5 + 6 + 7 +====Presume aff and err aff because: a) time skew b) adaptability. Prefer theoretical presumption.==== 8 + 9 + 10 +====I value morality because ought implies a moral obligation. ==== 11 + 12 + 13 +====The inescapable starting point of morality is that individuals are rational agents by submitting to a normative principle. Two warrants. ==== 14 +**Ferrero, University of Wisconsin at Milwaukee, 2009** 15 +**Luca, "Constitutivism and the Inescapability of Agency", Oxford Studies in Metaethics, vol. IV, January 19th, Online: **https://pantherfile.uwm.edu/ferrero/www/pubs/ferrero-constitutivism.pdf**, Accessed November 14 – MG ** 16 +3.1 The initial appeal of the shmagency objection rests on the impression that 17 +AND 18 +it's a question of how we evaluate ethical claims in the first place. 19 +Outweighs: 20 +A. 21 +B. 22 +C. 23 +D. 24 +E. 25 +Impacts: 26 +A. 27 +B. 28 + 29 +====Reason is universal. A - A reason for you must also be a reason for me.==== 30 +**Velleman, Professor of Philosophy, Bioethics; Director of Undergraduate Studies, Ph.D., Princeton, 1983, 2006** 31 +**(J. David, "A BRIEF INTRODUCTION TO KANTIAN ETHICS," 2006, accessed Dec. 1, MG)** 32 +In Kant's view, being a person consists in being a rational creature, both 33 +AND 34 +attractive vantage point of some kind. 35 +B. Meta-constraints. 36 +Impacts: 37 +A. 38 +B. 39 +The standard is consistency with universal reason. Independently, prefer the framework: 40 + 41 +====Rational willing determines what is an action versus a series of fragmented events. Roedl. ==== 42 +Sebastian Roedl. Prof. Of Philosophy, University of Leipzig. "Two Forms of Practical Knowledge and Their Unity" in Ford and Hornsby, Eds. Essays on Anscombe's Intention (Cambridge: Harvard University Press, 2011) 239. 43 +"We can give a more specific description of the consciousness of temporal unity that 44 +AND 45 +we would never be able to pursue personal projects; it's over demanding. 46 +A. 47 +B. 48 + 49 +====Impact calculus: ==== 50 + 51 + 52 +====State key. The framework entails an omnilateral will or a higher authority to deal with rights conflicts. ==== 53 +Ripstein, Arthur. "Kant on Law and Politics." University of Toronto Law School. http://www.law.utoronto.ca/documents/Ripstein/Kant_on_law.pdf. 54 +Kant's point about disputes is not just a reiteration of Locke's familiar claim that people 55 +AND 56 +does, and so does not require an explicit act of instituting it. 57 + 58 + 59 +====AFF first on risk of offense. ==== 60 + 61 + 62 +===Contention=== 63 + 64 + 65 +====First, public officials like police officers must act for public ends- they are contractually bound and that is where they derive their authority. Ripstein 16.==== 66 +Ripstein, Arthur. "Reclaiming Proportionality (Society for Applied Philosophy Annual Lecture 2016)." Journal of Applied Philosophy, 2016, doi:10.1111/japp.12238. professor of law and of philosophy at the University of Toronto JZ *brackets for gender* 67 +Nonetheless, there is something troubling about vigilantes and vigilantism. There is a question 68 +AND 69 +of proportionality. It might be asked why this public standpoint is required. 70 + 71 + 72 +====Immunity hinders essential tort litigation. ==== 73 +**Sheng, associate in Davis Polk's Litigation Department, practicing in the Menlo Park office, law clerk to the chief judge of the U.S. Court of Appeals for the Federal Circuit, 2012** 74 +**Philip, "An "Objectively Reasonable" Criticism of the Doctrine of Qualified Immunity in Excessive Force Cases Brought Under 42 U.S.C. § 1983", Brigham Young University Journal of Public Law, March 1st, Accessed November 10th, Online: **http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1459andcontext=jpl** – MG ** 75 +Apart from the concerns that (I) the Court is affording law enforcement officers 76 +AND 77 +to whether and when cases on point arc needed to overcome qualified immunity. 78 + 79 + 80 +====Second, tort law captures the unique responsibility to other persons while maintaining freedom to pursue one's own conception of the good. Ripstein 4.==== 81 +**Ripstein, Professor of Law at the University of Toronto, 2004** 82 +**Arthur, "Tort, The Division of Responsibility and the Law of Tort", Fordham Law Review, Online: http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=3975andcontext=flr** 83 +All of these effects that one person might have on another are consistent with each 84 +AND 85 +to your ability to set and pursue your own conception of the good. - EntryDate
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... ... @@ -1,0 +1,95 @@ 1 +==1AC== 2 + 3 + 4 +===Framework=== 5 + 6 + 7 +====The starting point for ethical discussion must be grounded in the material world and non-ideal theory. Ideal theory ignores social realities, which influence what we can count as an ideal in the first place. ==== 8 +**Mills, Professor of Moral and Intellectual Philosophy at Northwestern University, 2000** 9 +**Charles W, "Ideal Theory as Ideology", Hypatia Volume 20, Number 3, Summer, pp. 165 184 - MG** 10 +I suggest that this spontaneous reaction, far from being philosophically naïve or jejune, 11 +AND 12 +that the ideal-as-idealized-model will never be achieved. 13 + 14 + 15 +====Justice requires a multi-dimensional analysis. Every instance of injustice includes both an unequal distribution of resources and a misrecognition of identity. Singular theories that only focus on distribution or identity will inevitably fail. ==== 16 +**Fraser, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09** 17 +**(Nancy; 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; http://www.intelligenceispower.com/Important20E-mails20Sent20attachments/Social20Justice20in20the20Age20of20Identity20Politics.pdf – MG)** 18 +Matters become murkier, however, once we move away from these extremes. When 19 +AND 20 +in sum, requires both redistribution and recognition. Neither alone will suffice. 21 + 22 + 23 +====Thus, the standard is promoting participatory parity. This recognizes the bivalence of oppression.==== 24 +**Fraser 2, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09** 25 +**(Nancy; 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; http://www.intelligenceispower.com/Important20E-mails20Sent20attachments/Social20Justice20in20the20Age20of20Identity20Politics.pdf – MG)** 26 +Given the hollowness of a purely verbal reduction and the present unavailability of a substantive 27 +AND 28 +ascribed "difference" from others or by failing to acknowledge their distinctiveness. 29 + 30 + 31 +====Prefer additionally: Double bind: ==== 32 + 33 + 34 +====A. Analytic. ==== 35 + 36 + 37 +====B. Analytic.==== 38 + 39 + 40 +===Harms=== 41 + 42 + 43 +====Unarmed black and brown bodies are gunned down by police every day and the officers are getting away with it. ==== 44 +**Kindy, National investigative reporter for The Washington Post and participant in Pulitzer Prize winning team, 15** 45 +**Kimberly, "Fatal police shootings in 2015 approaching 400 nationwide", Washington Post, ** 46 +**AND** 47 +and killed nearly 1,000 people by the end of the year. 48 + 49 + 50 +====Qualified immunity protects officers who have clearly broken the law because the standards for being clearly established are far too high.==== 51 +**Sheng, associate in Davis Polk's Litigation Department, practicing in the Menlo Park office, law clerk to the chief judge of the U.S. Court of Appeals for the Federal Circuit, 2012** 52 +**Philip, "An "Objectively Reasonable" Criticism of the Doctrine of Qualified Immunity in Excessive Force Cases Brought Under 42 U.S.C. § 1983", Brigham Young University Journal of Public Law, March 1st, Accessed November 10th, Online: **http://digitalcommons.law.byu.edu/cgi/viewcontent.cgi?article=1459andcontext=jpl** – MG ** 53 +Apart from the concerns that (I) the Court is affording law enforcement officers 54 +AND 55 +to whether and when cases on point arc needed to overcome qualified immunity. 56 + 57 + 58 +===Plan Text=== 59 + 60 + 61 +====Thus, I affirm: Resolved – The United States ought to limit qualified immunity for police officers by removing the "clearly established" standard to be whether it was clearly unconstitutional. CX check all spec, theory, and T interps to prevent needless theory. Substantive debate outweighs because its applicable in the real world. ==== 62 + 63 + 64 +===Solvency=== 65 + 66 + 67 +====Civil suits in constitutional rights violations are distinctly important in recognizing the importance of individuals who have their rights violated by government officials, even when the financial liability may be addressed by the government. Armacost 89==== 68 +**(Barbara E. Armacost 51 Vand. L. Rev. 583 (1998) "Qualified Immunity- Ignorance Excused" J.D. University of Virginia School of Law 1989 M.T.S. Regent College of the University of British Columbia 1984 B.S. University of Virginia 1976 )** 69 +Turning to section 1983 law, I contend that individual damages liability for constitutional violations 70 +AND 71 +but through public reaction to re- ported allegations of clear constitutional impropriety. 72 + 73 + 74 +====Civil recourse is key to individual recognition of status and authority of the plaintiffs, empowering them. Solomon 10==== 75 +**Solomon '10 (Jason M. Solomon. Associate Professor, College of William and Mary Law School. "What is Civil Justice" Loyola Of Los Angeles Law Review. Vol. 44:317. Fall 2010. http://scholarship.law.wm.edu/facpubs/1149 — KW)** 76 +"Consistent with the inescapable moral quality of the word justice in both systems, 77 +AND 78 +and a remedy (generally money) to the one wronged. 49" 79 + 80 + 81 +====And- Lawsuits are a redistribution method of participation-==== 82 + 83 + 84 +====1. The foundation of tort law is one of monetary redistribution to a victim or community. The wrongdoer is forced to pay their distributed resources to the plaintiff. ==== 85 + 86 + 87 +====2. In the case of an unsuccessful suit, communities still eventually are repaid in the form of large scale reform. When civil suits fail, states and courts collect the data and information from those suits to determine new courses in law- meaning consistent lawsuits against police officers for wrongdoing will eventually bring about large-scale, beneficial change.==== 88 + 89 + 90 +====It's hard to sue municipalities. The officers are the only route for justice.==== 91 +**Chemerinskyaug, founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law, with a joint appointment in Political Science, 2014** 92 +**Erwin, "How the Supreme Court Protects Bad Cops", August 26, New York Times, Online: http://www.nytimes.com/2014/08/27/opinion/how-the-supreme-court-protects-bad-cops.html, Accessed October 23 – MG ** 93 +A 2011 case, Connick v. Thompson, illustrates how difficult the Supreme Court 94 +AND 95 +in Mr. Thompson's case, also has absolute immunity to civil suits. - EntryDate
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... ... @@ -1,0 +1,102 @@ 1 +====Resolved: Public colleges and universities in the United States ought not restrict any constitutionally protected speech==== 2 + 3 + 4 +==1AC== 5 + 6 + 7 +===Framework=== 8 + 9 + 10 +====The starting point for ethical discussion must be grounded in the material world and non-ideal theory. Ideal theory ignores social realities, which influence what we can count as an ideal in the first place, which means that they can never be applied in the real world. ==== 11 + 12 + 13 +====In the non-ideal reality of the heterogeneous United States, difference is inevitable. Three warrants:==== 14 + 15 + 16 +====All forms of politics rely on linguistic norms that have no fundamental source of authority. Language is constructed through use, which is social in nature. ==== 17 +**Mouffe, Universities of Louvain, Paris and Essex and professorship at the Department of Politics and International Relations, University of Westminster in the United Kingdom, 1999** 18 +**Chantal, "Deliberative Democracy or Agonistic Pluralism?", The New School, Social Research** 19 +**AND** 20 +always abridgments of practices, they are inseparable of specific forms of life. 21 + 22 + 23 +====Analytic.==== 24 + 25 + 26 +====Analytic.==== 27 + 28 + 29 +====There is no I without the other. Identity is intersubjective and constructed through social relations, which are always changing. BUTLER: ==== 30 +**(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political)** 31 +"In a sense, the subject is constituted through an exclusion and differentiation, 32 +AND 33 +the point in which it is claimed to be prior to politics itself." 34 + 35 + 36 +====Analytic====** 37 + 38 + 39 +====Given this, the mission of politics is to deal with these differences in a way that maintains the political system. Otherwise, the differences are left to fester and branch out to individual collectivities that destroy society, which is deeply antithetical to the practical goal of ethics.==== 40 +**"The Democratic Paradox" by Chantal Mouffe 2000 ** 41 +"A well-functioning democracy calls for a vibrant clash of democratic political positions 42 +AND 43 +antagonisms that can tear up the very basis of civility." (104) 44 + 45 + 46 +====An agonistic democracy where difference is respected and all viewpoints are given a chance to engage in the political discourse is key to this end.==== 47 +** "The Democratic Paradox" by Chantal Mouffe 2000 DD** 48 +"Envisaged from the point of view of 'agonistic pluralism', the aim of democratic 49 +AND 50 +should be seen as temporary respites in an ongoing confrontation." (102) 51 + 52 + 53 +====Analytic.==== 54 + 55 + 56 +====Thus, the standard is cultivating agonistic democratic subjects. ==== 57 + 58 + 59 +====Impact calculus: The best way to foster agonistic democracy is by training people through participation in democratic practices. Analytic. ==== 60 + 61 + 62 +====Prefer additionally: Analytic: ==== 63 + 64 + 65 +====A. Analytic. ==== 66 + 67 + 68 +====B. Analytic.==== 69 + 70 + 71 +===Contention=== 72 + 73 + 74 +====The punishment from speech codes deter discussion, especially since they are often vague and up to the interpretation of the administration. ==== 75 +**Powers, Deputy Assistant U.S. Trade Representative for Public Affairs in the Clinton administration from 1993 to 1998 and column for The American Prospect and her numerous articles have appeared in USA Today, Elle, the New York Observer, Salon, and the Wall Street Journal, 2015** 76 +**Kirsten, "How Liberals Ruined College", Daily Best, June 11th, Online: http://www.thedailybeast.com/articles/2015/05/11/how-liberals-have-ruined-college.html - MG ** 77 +On today's campuses, left-leaning administrators, professors, and students are working 78 +AND 79 +them "harm" by saying something that offended them, case closed. 80 + 81 + 82 +====Speech codes create a culture of suppression that deter discussion. This creates a cyclical cycle where students never learn how to engage with other positions.==== 83 +**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015** 84 +**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG** 85 +Almost 95 percent of the U.S. colleges and universities evaluated by FIRE 86 +AND 87 +to be offended and therefore avoid situations where someone might offend them. 88 + 89 + 90 +====Constitutionally protected speech solves.==== 91 +**FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date** 92 +**Foundation for Individual Rights In Education, "State of the Law: Speech Codes** 93 +**AND** 94 +constitutional freedoms is nowhere more vital than in the community of American schools." 95 + 96 + 97 +====The AFF is try or die. Millennials aren't engaged now.==== 98 +**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015** 99 +**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG** 100 +By one measure, millennials are the United States' least politically engaged generation, with 101 +AND 102 +whether our colleges are actually guiding students towards a path of political disengagement. - EntryDate
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... ... @@ -1,0 +1,108 @@ 1 +==Framework== 2 + 3 + 4 +====I value morality because ought implies a moral obligation. ==== 5 + 6 + 7 +====The ethical question is posed intersubjectively: Analytic.==== 8 + 9 + 10 +====Identity is the source of normativity as it gives the broad range of reasons that appeal to a person. For example, you wouldn't obligate a fire fighter to teach or a teacher to fight fire because those roles don't appeal to the agent's identity. But the identities that ground ethics are socially constructed. Butler:==== 11 +(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political) 12 +"In a sense, the subject is constituted through an exclusion and differentiation, 13 +AND 14 +the point in which it is claimed to be prior to politics itself." 15 + 16 + 17 +====As fluid concepts, our identities can be denied by the people around us just as their identities can be denied of us. Therefore, ethics demands a recognition of the precarity of identity. Butler 2:==== 18 +**Judith Butler. Frames of War: When Is Life Grievable? ** 19 +The precarity of life imposes an obligat~~es~~ion upon us. We 20 +AND 21 +crafting power, and which limits the finality of any of its effects. 22 + 23 + 24 +====However, within these structures of recognition, difference is inevitable. Hagglund:==== 25 +"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND 26 +"Derrida targets precisely this logic of opposition. As he argues in Of Grammatology 27 +AND 28 +is in the service of perpetrating the better." (46-48) 29 + 30 + 31 +====A. Analytic.==== 32 + 33 + 34 +====B. Analytic.==== 35 + 36 + 37 +====Thus, the standard is consistency with an agonistic pluralism.==== 38 + 39 + 40 +====Only an agonistic democracy is grounded on the precarious structure of identity and the need to maintain openness and contestation as it embraces conflict and transforms it into something that recognizes that my identity is only constructed off of the other. Mouffe:==== 41 +**"The Democratic Paradox" by Chantal Mouffe 2000 ** 42 +"Envisaged from the point of view of 'agonistic pluralism', the aim of democratic 43 +AND 44 +should be seen as temporary respites in an ongoing confrontation." (102) 45 + 46 + 47 +====An agonistic pluralism is key to the maintenance of a healthy political community. Mouffe 2:==== 48 +**"The Democratic Paradox" by Chantal Mouffe 2000 ** 49 +But this is to miss a crucial point. not only 50 +AND 51 +and the trivialization of the political discourse. 52 + 53 +====Prefer additionally: Double bind – To act morally one must first know what is the right thing to do, which means any moral system has to be derivative of the procedures intrinsic to agonistic conflict: ==== 54 + 55 + 56 +====A. Analytic.==== 57 + 58 + 59 +====B. Analytic.==== 60 + 61 + 62 +====C. Analytic.==== 63 + 64 + 65 +==Offense== 66 + 67 + 68 +====I contend constitutionally protected free speech is consistent with an agonistic pluralism.==== 69 + 70 + 71 +====Speech codes create a culture of suppression that deter discussion. This creates a cycle where students never learn how to engage with other positions.==== 72 +**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015** 73 +**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG** 74 +Almost 95 percent of the U.S. colleges and universities evaluated by FIRE 75 +AND 76 +to be offended and therefore avoid situations where someone might offend them. 77 + 78 + 79 +====Thought control prevents undermines the formation of well-constructed arguments.==== 80 +Azhar **Majeed**, November 18, 20**'09**, "Defying the Constitution: The Rise, Persistence, And Prevalence Of Campus Speech Codes", Georgetown Journal of Law and Public Policy, Fire.org, https://www.thefire.org/defying-the-constitution-the-rise-persistence-and-prevalence-of-campus-speech-codes/ 81 +Second, speech codes suppress the discussion of disfavored topics and expression of disfavored viewpoints 82 +AND 83 +precisely this coddling effect and therefore should be eradicated from the college environment. 84 + 85 + 86 +====Outweighs – training is key. People are not born as democratic subjects; butler indicates people are socialized into their identity. To create agonistic subjects means to socialize people into that identity. Mouffe 2:==== 87 +**Mouffe 2000 (Chantal Mouffe. Democratic Paradox. Verso Publishing. 2000.)** 88 +"Their concern with the current state of democratic institutions is one that I share 89 +AND 90 +by rationality and impartiality and where a rational universal consensus could be reached." 91 + 92 + 93 +====Constitutionally protected speech solves.==== 94 +**FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date** 95 +**Foundation for Individual Rights In Education, "State of the Law: Speech Codes** 96 +**AND** 97 +constitutional freedoms is nowhere more vital than in the community of American schools." 98 + 99 + 100 +====The framework requires working within current governmental structures.==== 101 +Marijanovic 2016. (Daniel Marijanovic. "WORKING WITH AND AGAINST CHANTAL MOUFFE FOR A DEFENCE OF AGONISTIC DEMOCRACY IN A POST-DEMOCRATIC AGE" McMaster University Master of Arts Thesis. 2016. — KW) 102 +Mouffe's own affirmation of the importance of extra-institutional movements for an agonistic democracy 103 +AND 104 +not be very effective without access to the institutions of the social order." 105 + 106 + 107 +====This means NEG positions calling for unconstitutional actions don't turn case. 108 +Analytic. ==== - EntryDate
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... ... @@ -1,0 +1,133 @@ 1 +=1AC= 2 + 3 + 4 +==Framework== 5 + 6 + 7 +====I value morality because ought implies a moral obligation. ==== 8 + 9 + 10 +====Identity is the source of normativity as it gives the broad range of reasons that appeal to a person. For example, you wouldn't obligate a fire fighter to teach or a teacher to fight fire because those roles don't appeal to the agent's identity. But the identities that ground ethics are socially constructed through norms created by structures of recognition. Butler:==== 11 +(Judith Butler. 1992. "Continent Foundations: Feminism and the Question of "Postmodernism" Feminists Theorize the Political) 12 +"In a sense, the subject is constituted through an exclusion and differentiation, 13 +AND 14 +the point in which it is claimed to be prior to politics itself." 15 + 16 + 17 +====Analytic. ==== 18 + 19 + 20 +====Oppression is the misdefinition of life. That means my framework comes first – it gives an account on how we are obligated to the other. Butler 2:==== 21 +**Judith Butler. Frames of War: When Is Life Grievable? ** 22 +The precarity of life imposes an obligat~~es~~ion upon us. We 23 +AND 24 +crafting power, and which limits the finality of any of its effects. 25 + 26 + 27 +====Analytic. ==== 28 + 29 + 30 +====However, within these structures of recognition, pluralism is inevitable. Hagglund:==== 31 +"THE NECESSITY OF DISCRIMINATION DISJOINING DERRIDA AND LEVINAS" MARTIN HÄGGLUND 32 +"Derrida targets precisely this logic of opposition. As he argues in Of Grammatology 33 +AND 34 +is in the service of perpetrating the better." (46-48) 35 + 36 + 37 +====Analytic. ==== 38 + 39 + 40 +====Defines oppression – Not recognizing the inevitability of difference and the political, fluid nature of exclusion reinforces hegemonic power structures. Mouffe:==== 41 +**"The Democratic Paradox" by Chantal Mouffe 2000 ** 42 +However, if we accept Schmitt's insight about the relations of inclusion-exdusion which 43 +AND 44 +people by reducing it to one of its many possible forms of identification. 45 + 46 + 47 +====Analytic. ==== 48 + 49 + 50 +====Analytic. ==== 51 + 52 + 53 +====Therefore, the correct ethical theory must recognize difference and exclusion as a condition for its normativity in the first place.==== 54 + 55 + 56 +====The standard is consistency with an agonistic pluralism.==== 57 + 58 + 59 +====Only an agonistic democracy is grounded in a social identity and recognition of difference as it embraces conflict and transforms it into something that recognizes that my identity is constructed off the other. Mouffe 2:==== 60 +**"The Democratic Paradox" by Chantal Mouffe 2000 ** 61 +"Envisaged from the point of view of 'agonistic pluralism', the aim of democratic 62 +AND 63 +should be seen as temporary respites in an ongoing confrontation." (102) 64 + 65 + 66 +====An agonistic pluralism is key to the maintenance of structures of identity. Mouffe 3:==== 67 +**"The Democratic Paradox" by Chantal Mouffe 2000 ** 68 +But this is to miss a crucial point. not only about the primary reality 69 +AND 70 +of the left/right divide and the trivialization of the political discourse. 71 + 72 + 73 +====Prefer additionally: 1. Double bind – To act morally one must first know what is the right thing to do, which means any moral system has to be derivative of the procedures intrinsic to agonistic conflict: ==== 74 + 75 + 76 +====Analytic. ==== 77 + 78 + 79 +====Analytic. ==== 80 + 81 + 82 +====2. Self-reflection is key to create social change and fight dominant social practices. SMITH and EATON: ==== 83 +"Role of reflection and praxis in community-based learning and social justice work" by Toby Smith and Marie Eaton http://cielearn.org/wp-content/themes/ciel/docs/Praxis_Social20Justice202-10.pdf 84 +"If reflection is an interpretation of the unknown through the lens of the known 85 +AND 86 +we know and what we do, between text and our lives. " 87 + 88 + 89 +====Impact calc: An agonism requires a state: Analytic.==== 90 + 91 + 92 +==Offense== 93 + 94 + 95 +====I contend constitutionally protected free speech is consistent with an agonistic pluralism.==== 96 + 97 + 98 +====Agonism requires an acknowledgement that opposing beliefs are structurally legitimate. ==== 99 +Mouffe 4 ~~Chantal Mouffe, Professor at the Department of Political Science of the Institute for Advanced Studies. June 2000. "The Democratic Paradox"~~ 100 +I submit that this is a crucial insight which undermines the very objective that those 101 +AND 102 +formulation, and this is why his contribution to democratic thinking is invaluable. 103 + 104 + 105 +====Speech codes create a culture of suppression that deter discussion. This creates a cycle where students never learn how to engage with other positions.==== 106 +**Mandava, Claremont McKenna College majoring in Philosophy, Politics, and Economics, 2015** 107 +**Sidd, "The 'Chilling Effect' in Action: Campus Speech Codes and Political Disengagement", The FIRE, June 19th, Online: https://www.thefire.org/the-chilling-effect-in-action-campus-speech-codes-and-political-disengagement/ - MG** 108 +Almost 95 percent of the U.S. colleges and universities evaluated by FIRE 109 +AND 110 +to be offended and therefore avoid situations where someone might offend them. 111 + 112 + 113 +====Outweighs – Analytic. ==== 114 + 115 + 116 +====Controls the internal link to other frameworks – Analytic.==== 117 + 118 + 119 +====Constitutionally protected speech solves.==== 120 +**FIRE, 1999 by University of Pennsylvania professor Alan Charles Kors and Boston civil liberties attorney Harvey Silverglate, no date** 121 +**Foundation for Individual Rights In Education, "State of the Law: Speech Codes** 122 +**AND** 123 +constitutional freedoms is nowhere more vital than in the community of American schools." 124 + 125 + 126 +====The framework requires working within current governmental structures.==== 127 +Marijanovic 2016. (Daniel Marijanovic. "WORKING WITH AND AGAINST CHANTAL MOUFFE FOR A DEFENCE OF AGONISTIC DEMOCRACY IN A POST-DEMOCRATIC AGE" McMaster University Master of Arts Thesis. 2016. — KW) 128 +Mouffe's own affirmation of the importance of extra-institutional movements for an agonistic democracy 129 +AND 130 +not be very effective without access to the institutions of the social order." 131 + 132 + 133 +====Analytic. ==== - EntryDate
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... ... @@ -1,0 +1,92 @@ 1 +====Ought is defined by Merriam Webster as expressing a moral obligation. Therefore the value is morality. ==== 2 + 3 + 4 +====The starting point for ethical discussion must be grounded in the material world and non-ideal theory. Ideal theory ignores social realities, which influence what we can count as an ideal in the first place. ==== 5 +**Mills, Professor of Moral and Intellectual Philosophy at Northwestern University, 2000** 6 +**Charles W, "Ideal Theory as Ideology", Hypatia Volume 20, Number 3, Summer, pp. 165 184 – MG** 7 +I suggest that this spontaneous reaction, far from being philosophically naïve or jejune, 8 +AND 9 +that the ideal-as-idealized-model will never be achieved. 10 + 11 + 12 +====Justice requires a multi-dimensional analysis. Every instance of injustice includes both an unequal distribution of resources and a misrecognition of identity. Singular theories that only focus on distribution or identity will inevitably fail. ==== 13 +**Fraser, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09** 14 +**(Nancy; 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; http://www.intelligenceispower.com/Important20E-mails20Sent20attachments/Social20Justice20in20the20Age20of20Identity20Politics.pdf – MG)** 15 +Matters become murkier, however, once we move away from these extremes. When 16 +AND 17 +in sum, requires both redistribution and recognition. Neither alone will suffice. 18 + 19 + 20 +====Thus, the standard is promoting participatory parity. This recognizes the bivalence of oppression.==== 21 +**Fraser 2, American critical theorist, feminist, and the Henry A. and Louise Loeb Professor of Political and Social Science and professor of philosophy at The New School in New York City, 09** 22 +**(Nancy; 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; http://www.intelligenceispower.com/Important20E-mails20Sent20attachments/Social20Justice20in20the20Age20of20Identity20Politics.pdf – MG)** 23 +Given the hollowness of a purely verbal reduction and the present unavailability of a substantive 24 +AND 25 +ascribed "difference" from others or by failing to acknowledge their distinctiveness. 26 + 27 + 28 +====Prefer additionally: Double bind – to act morally one must first know what is the right thing to do, which means any moral system has to be derivative of the procedures intrinsic to a system of participatory parity: ==== 29 + 30 + 31 +====A. If our moral belief changes after a disagreement enabled by participatory parity, then it shows that preserving the relationship based off of openness and disagreement is necessary to identity moral errors. ==== 32 + 33 + 34 +====B. If my moral belief remains the same, it shows our beliefs are strong against criticism and therefore true.==== 35 + 36 + 37 +===Contention 1 – A Segregated Public Sphere=== 38 + 39 + 40 +====Housing discrimination leads to racial segregation, Oliveri 1: ==== 41 +(Rigel C. Oliveri. Isabelle Wade and Paul C. Lyda Professor of Law BA, with Highest Distinction, University of Virginia, '94 JD, Order of the Coif, Stanford Law School, '99 "Between a Rock and a Hard Place: Landlords, Latinos, Anti-Illegal Immigrant Ordinances, and Housing Discrimination" 62 Vand. L. Rev. 55. 2009) 42 +Housing practices that prevent a particular group from obtaining housing in a particular area also 43 +AND 44 +their voices, it becomes increasingly hard to reverse the cycle of exclusion. 45 + 46 + 47 +====Inaccessible housing results in exclusion and marginalization of persons with disabilities ==== 48 +OHCHR 09 OHCHR (Office of the United Nations High Commissioner for Human Rights). "The Right to Adequate Housing." Fact Sheet No. 21/Rev.1. November 2009. HW. http://www.ohchr.org/Documents/Publications/FS21_rev_1_Housing_en.pdf 49 +There are more than 650 million persons with disabilities in the world, of whom 50 +AND 51 +able to effectively participate in the life of the community where they live. 52 + 53 + 54 +===Contention 2 – Housing as a Freedom Right=== 55 + 56 + 57 +====The homeless are denied property rights and are therefore not free, King 1: ==== 58 +King (Peter King, Centre for Comparative Housing Research, Reader in the Department of Public Policy, De Montfort University, Leicester, UK, "Housing as a Freedom Right." Housing Studies. 2003. http://www.tandfonline.com/doi/pdf/10.1080/02673030304259) 59 +Homelessness is defined by Waldron as the very condition where one is "excluded from 60 +AND 61 +the right to be in the political spaces necessary to rectifying moral wrongs. 62 + 63 + 64 +====Right to housing gateway right, King 2:==== 65 +**King,** Peter, 20**03**, BSc (Hons); PhD; FCIH, Housing as a Freedom Right, Centre for Comparative Housing Research, Department of Public Policy, De Montfort University, Leicester, UK ~~Paper first received 7 October 2002; in final form 3 February 2003~~, Housing Studies, Vol. 18, No. 5, 661–672, http://www.tandfonline.com/doi/abs/10.1080/02673030304259 66 +Freedom rights can be seen as negative rights, in that they prohibit coercion and 67 +AND 68 +participatory parity, and thus the AFF is key to rectifying this injustice. 69 + 70 + 71 +====Housing is a gateway to opportunities and engagement in the community. Hartman:==== 72 +Hartman, Chester. American urban planner, author, and academic. He is Director of Research of the Poverty and Race Research Action Council in Washington, D.C. Previously, he was PRRAC's Executive Director "The Case for a Right to Housing." Nhi.org. N.p., Winter 2006. Web. 14 July 2016. 73 +The arguments for a Right to Housing are straightforward: Housing is where people spend 74 +AND 75 +so without it, indivduals are excluded from the political sphere and engagement. 76 + 77 + 78 +===Contention 3=== 79 + 80 + 81 +====Mass media perpetuates lies about the homeless that render their bodies as meaningless to society.==== 82 +**Truong (Shirley Truong, Principal Analyst and PhD from University of Santa Cruz, "Please Do Not Feed the Homeless:" The Role of Stereotyping and Media Framing on the Criminalization of Homelessness", December 2012, Online: http://escholarship.org/uc/item/9jv4v5nw - MG) ** 83 +Previous research documents that negative stereotypes about homelessness are common in mainstream media representations ( 84 +AND 85 +laziness) and increased support for restrictive homeless policy (Mendelson, 1999). 86 + 87 + 88 +====To confer rights is to confer value. The AFF recognizes that the homeless are people who deserve care.==== 89 +**Fitzpatrick, S., and Watts, B. (Suzanne Fitzpatrick, School of the Built Environment, Heriot-Watt University, Edinburgh, Scotland, UK, Bett Watts, Centre for Housing Policy, University of York, England, UK (2010). The 'Right to Housing' for Homeless People. Online: http://www.feantsaresearch.org/IMG/pdf/ch05.pdf P 115** 90 +There are some obvious reasons why enforceable legal rights to housing may be viewed as 91 +AND 92 +in poverty and using welfare services such as housing (Lister, 2004). - EntryDate
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