Summary

• Objects (1 modified, 1 added, 0 removed)
  • Caselist.RoundClass[19]
  • Caselist.CitesClass[14]

Details

Caselist.RoundClass[19]

EntryDate

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1		-2017-01-15 01:01:06.442
	1	+2017-01-15 01:01:06.0

Caselist.CitesClass[14]

Cites

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	1	+==1AC – Kant==
	2	+
	3	+
	4	+===Framework===
	5	+
	6	+
	7	+====Practical reflection is an inescapable aspect of agency.====
	8	+**Ferrero** Luca Ferrero (University of Wisconsin at Milwaukee) "Constitutivism and the Inescapability of Agency" Oxford Studies in Metaethics, vol. IV January 12th 2009 pp. 6-8 JW
	9	+3.2 Agency is special under two respects. First, agency is the
	10	+AND
	11	+closure under agencyʼs own distinctive operation: Agency is closed under itself.15
	12	+
	13	+
	14	+====Impacts:====
	15	+
	16	+
	17	+====A~~ Justifying a normative claim requires adherence to the norm of the constitutive rules of the activity. Answering the question of why an agent ought to take an action is impossible without practice rules since each link can be taken out with a "why" question-proving the aff framework collapses to infinite regress. Constitutivism solves because the answer to the question can just refer to the aim of the activity.====
	18	+
	19	+
	20	+====B~~ NC framework devolves to the AC—to even reflect about the legitimacy of your standard concedes the authority of agency since it's in every action.====
	21	+
	22	+
	23	+====Next, rational reflection requires that the maxims we act upon be universalizable. Any reasoner would know that two plus two equals four because there is no a priori distinction between agents so norms must be universally valid. And- willing coercion is a contradiction in conception because you extend your own freedom while simultaneously undermining your ability to act in the first place.====
	24	+
	25	+
	26	+====Impact analysis:====
	27	+
	28	+
	29	+====Only freedom violations intrinsic to the structure of the action are relevant as in free speech causes X is insufficient. A) Freedom is a property of agency, not a consequence. Adding two circles doesn't make anything more circular than it was before, just like two humans aren't more free than one human. B) We can't be culpable for consequences—they're determined by external forces.====
	30	+**Hegel 20** George Wilhelm Friedrich Hegel The Philosophy of Right 1820
	31	+The will has before it an outer reality, upon which it operates. But
	32	+AND
	33	+adopt only the first consequences, since they alone lie in the purpose.
	34	+
	35	+
	36	+====Thus the standard is respecting freedom. Prefer additionally because ====
	37	+
	38	+
	39	+====1. All frameworks presuppose liberty. People can only be held responsible for unethical actions if they chose to do them, but choice itself requires that people can pick which actions to take without threat of force. For example, if someone holds a gun to my head and makes me steal someone's apple, I am not truly culpable because I wasn't free.====
	40	+
	41	+
	42	+====2. Moral uncertainty means you default to my framework - since things like physics have been consistently disproven intellectually, we can't impose our conceptions of the good on people when we're not sure we're correct because absolute knowledge claims are often false.====
	43	+
	44	+
	45	+====3. Argumentative ethics – liberty is a priori justified by engaging in debate.====
	46	+**Kinsella** Stephen (Center for the Study of Innovative Freedom) "New Rationalist Directions in Libertarian Rights Theory" Journal of Libertarian Studies Vol. 12 No. 2 pp. 313-26 Fall 1996 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1018797
	47	+The first rationalist argument that I will discuss is Hans- Hermann Hoppe's path-
	48	+AND
	49	+liberty undercut their own position as soon as they begin to state it.
	50	+
	51	+
	52	+====The constitutive nature of agency makes critiquing my framework impossible.====
	53	+**4. Ng 15** Karen Ng (Assistant Professor of Philosophy at Vanderbilt University) "From the Critique of Reason to the Critique of Ideology: On the Relation between Life and Consciousness from Hegel to Critical Theory" 2015 JW
	54	+In order to determine exactly how the relation between life and consciousness can be methodologically
	55	+AND
	56	+encompassing, that there is simply no place for the critic to stand.
	57	+
	58	+
	59	+====AND: It is impossible to use consequentialist grounds on the topic and it is not relevant to the framework if we cause allegedly more violations of freedom because its impossible to weigh in terms of free speech Goldberg 16:====
	60	+
	61	+
	62	+**====FREE SPEECH CONSEQUENTIALISM Author(s): Erica Goldberg Source: Columbia Law Review, Vol. 116, No. 3 (APRIL 2016), pp. 687-756 Published by: Columbia Law Review Association, Inc. Stable URL: http://www.jstor.org/stable/43783393 Accessed: 15-12-2016 06:32 UTC Oakwood AW====**
	63	+Any kind of balancing test that determines whether speech may be constitutionally regulated poses serious challenges to foundational First Amendment principles. The very act of balancing tends to be both subjective and indeterminate - it is difficult to quantify the relevant harms and benefits, and it is equally difficult to sensibly weigh them against one another. In the context of the First Amendment, balancing has the potential to undermine strong free speech protections and our neutral principles underlying the First Amendment. Courts should thus avoid determining whether balancing harms caused by speech against the harms to speech can regulate speech.
	64	+
	65	+
	66	+===Adv 1 = Means to an end===
	67	+
	68	+
	69	+====Justifications for restriction treat the speaker as a means to an end====
	70	+**Ingber 84 Ingber, Stanley~~{Professor of Law at the University of Florida~~}"Marketplace of Ideas: A Legitimizing Myth" February 1984 JS http://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2867andcontext=dlj**
	71	+This focus on a marketplace seeking truth and promoting an informed citizenry has had a
	72	+AND
	73	+audience, rather than the inherent value in that speaker exercising their individual rights
	74	+
	75	+
	76	+===Adv 2 = Marketplace of ideas ===
	77	+
	78	+
	79	+====Even if the marketplace can't find objective truths-its easier without government suppression-No chance of a turn====
	80	+**Blasi 77Blasi, Vincent~~{Professor of Law at the University of Michigan~~}"The checking value in first amendment theory" 1977 JS http://www.jstor.org.shs-13.scarsdaleschools.k12.ny.us:2048/stable/pdf/827945.pdf**
	81	+It might be argued, however, that although an open marketplace of ideas might
	82	+AND
	83	+Milton's faith that truth will always best falsehood in free and open encounter.
	84	+
	85	+
	86	+====Rational error is more non-autonomous than coercion====
	87	+**Walker 09 Walker, Rebecca L. Walker~~{Associate Professor of social medicine, Core faculty at the center for bioethics and adjunct professor in philosophy at the university of north carolina~~} "Respect for Rational Autonomy" Published: December 2009 JJS**
	88	+It is even plausible that choices made on the basis of rational error are more
	89	+AND
	90	+cannot be subsumed under the other features of the standard view of autonomy.
	91	+
	92	+
	93	+====Restricting free speech is irrational and coercive ====
	94	+**Varden 3 Helga Varden: **Associate Professor of Philosophy Associate Professor of Gender and Women's Studies, University of Illinois; "A Kantian Conception of Free Speech"; 2010; https://www.academia.edu/2006079/A_Kantian_Conception_of_Free_Speech
	95	+There is clear textual support that Kant provides the kind of twofold defense of free
	96	+AND
	97	+with himself.... (8: 304, cf. 8: 39f)
	98	+
	99	+
	100	+===Adv 3 = Freedom Violations===
	101	+
	102	+
	103	+====1. Removing restrictions prevents prohibiting speech which is an essential freedom—restrictions in the status quo prevent people from acting on their agency no matter how miniscule the restrictions is. ====
	104	+**Lambert 16** (Saber, writer @ being libertarian, "The Degradation of Free Speech and Personal Liberty," April 9, 2016, https://beinglibertarian.com/the-degradation-of-free-speech-and-personal-liberty///MW)
	105	+Many individuals in society claim that they live in a free nation full of individual
	106	+AND
	107	+is often paralleled to a form of dictatorship – no matter how miniscule.
	108	+
	109	+
	110	+====2. Debate and discourse isn't intrinsically violent so affirmation is easy. ====
	111	+**Anderson 6** — Amanda Anderson, Caroline Donovan Professor of English Literature and Department Chair at Johns Hopkins University, Senior Fellow at the School of Criticism and Theory at Cornell University, holds a Ph.D. in English from Cornell University, 2006 ("Reply to My Critic(s)," Criticism, Volume 48, Number 2, Spring, Available Online to Subscribing Institutions via Project MUSE, p. 285-287) MW
	112	+Let's first examine the claim that my book is "unwittingly" inviting a resurrection
	113	+AND
	114	+is clearly, and indeed necessarily, significant room for further elaboration here.
	115	+
	116	+
	117	+====3. Arguments aren't harmful in-and-of themselves. The burden of rejoinder is necessary for dialogue to occur, and there's always a risk something offensive could be said, which proves that dialogue and limits on speech are zero sum. ====
	118	+**Anderson 2** — Amanda Anderson, Caroline Donovan Professor of English Literature and Department Chair at Johns Hopkins University, Senior Fellow at the School of Criticism and Theory at Cornell University, holds a Ph.D. in English from Cornell University, 2006 ("Reply to My Critic(s)," Criticism, Volume 48, Number 2, Spring, Available Online to Subscribing Institutions via Project MUSE, p. 289) MW
	119	+Probyn's piece is a mixture of affective fallacy, argument by authority, and bald
	120	+AND
	121	+of ideas, that your claim to injury somehow damns your opponent's ideas.

EntryDate

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	1	+2017-01-15 01:01:08.314

Judge

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	1	+idk

Opponent

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	1	+Harker something

ParentRound

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	1	+19

Round

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	1	+2

Team

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	1	+Oakwood Wolf Valdes Aff

Title

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	1	+Kant AC

Tournament

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	1	+Harvard Westlake