| ... |
... |
@@ -1,119
+1,79 @@ |
| 1 |
|
-Part 1 is Framework: |
|
1 |
+=Police State 1AC= |
| 2 |
2 |
|
| 3 |
3 |
|
| 4 |
|
-The role of the ballot is to endorse the best positive strategy that challenges the dominant ideology of gender violence. |
|
4 |
+Part 1 is Framework |
| 5 |
5 |
|
| 6 |
6 |
|
| 7 |
|
-1. Discussing gender and sexism in the academic setting is a prior question. Keddie |
| 8 |
|
-Martino and Mellor's work (1995), for example, provides a framework for assisting students to understand how difference and diversity can be produced and maintained, but also challenged and transformed. Through examining the sociocultural production of knowledge, their work focuses on facilitating student~~s become~~ awareness of how language operates to produce~~s~~ particular (non-innocent) versions of reality, and more specifically, how texts and contexts work to construct and regulate particular (taken-for-granted) assumptions about gender that position us in inequitable ways. In challenging and transforming these gender(ed) assumptions, their work illustrates the importance of students recognizeing how texts and contexts can be read or interpreted in multiple rather than singular ways. This process of critical analysis and deconstruction aims to make transparent the constitutive force of language and discourse—the mechanisms through which we are spoken into existence—and seeks to fracture the taken-for-granted truths that shape our identities (Davies, 1997). Through these lenses, gendered assumptions can lose their apparent inevitability and thus some of their power to hold current relations in place because they become visible as fiction. This opens up possibilities for new ways of thinking, speaking and acting (Davies, 1997). |
| 9 |
|
- |
| 10 |
|
- |
| 11 |
|
-2. Gender analysis is key to understanding other ethical theories. Amzat and Grandi: |
| 12 |
|
-Feminism has more to offer bioethics, however, than this sort of critique. It also has the potential to enrich bioethical theory. Feminism's unique contribution to moral theory in general has arguably been that of finding gender bias in the preoccupations, assumptions, and perspectives of the dominant theories of Anglo-American ethics. This activity has produced feminist correctives to mainstream utilitarian, Kantian, and virtue theories, and challenged the standard philosophical accounts of what moral theories are supposed to do in any case. Attention to gender enriches utilitarian theorizing when it illuminates previously obscured consequences of actions and policies and thus permits a better view of the range of ways in which ~~womxn~~ women have been harmed simply because they were ~~womxn~~ women (Purdy 1996). Attention to gender has ~~and~~ also offered possibilities for a richer understanding of what happens to key ~~Kantian~~ concepts in Kantian moral philosophy, such as respect for persons, when these are not modeled on moral and intellectual virtues valued most highly by privileged men (Dillon 1992). Attention to gender differences in adolescents' moral reasoning gave rise to care theory, a virtue ethic whose axiology privileges the value of giving care rather than the virtues associated with manliness (Gilligan 1982; Noddings 1984; Ruddick 1989; Tronto 1993; Held 1993). And attention to gender has also produced theory that stands clear of utilitarian, Kantian, and virtue theories altogether. Rejecting the role of the ideal ethical reasoner as a solitary and powerful – read masculine – judge who applies lawlike principles derived from one or several of these theories to the case at hand, some feminists have instead conceived of ethical deliberation as an expressive-collaborative process in which a group of people strive for mutual moral intelligibility, forging shared understandings of who is responsible for what, to whom (Walker 1998). |
| 13 |
|
- |
| 14 |
|
- |
| 15 |
|
-3. No explanation is complete without gender analysis, excludes voices. Chessman 14: |
| 16 |
|
-In 1988, J. Ann Tickner introduced international relations theory to the idea that sex was a factor in explaining international relations generally and interstate conflict specifically (Tickner 1988). In the decades that followed, the literature examining the interconnection and relationship between international relations of sex, gender dynamics, and war has developed substantially, and developed in a manner that can be broadly described as feminist. Despite a growing literature that utilizes and recognizes sex, gender, or both as relevant to the constitution of war, mainstream international relations theory tends to ignore gender in its analysis (Tickner 1997). Laura Sjoberg argues that the tendency to omit gender leads to "inadequate conceptualizations" that are "important in analyzing causes and predicting outcomes" of warfare, because "gender lenses suggest a group of causal variables in war decision-making that enrich current understandings" (Sjoberg 2013, 7). |
| 17 |
|
- |
| 18 |
|
- |
| 19 |
|
-4. This requires analysis of the law focused on how it causes the marginalization of those who are not white males by perpetuating an epistemology that refuses to recognize day-to-day violence. |
| 20 |
|
-Tickner 06 |
| 21 |
|
-Tickner 06—professor at the School of International Relations at USC (J Ann, "Feminism meets International Relations", Feminist Methodologies for International Relations, p. 25-7) |
| 22 |
|
-An important commitment of feminist methodology is that knowledge must be built and analyzed in |
|
7 |
+American neoliberal society is contingent on a state of exception where undesirable citizens are made disposable in the name of consumption. The crimes of colonialism have come home and the sovereign protects itself through legal exception. We need change now! Giroux 14 bracketed clarity: |
|
8 |
+~~Henry A. Giroux (American and Canadian scholar and cultural critic. One of the founding theorists of critical pedagogy in the United States, he is best known for his pioneering work in public pedagogy), "Neoliberalism and the Machinery of Disposability" April 8, 2014. Truthout. http://www.truth-out.org/opinion/item/22958-neoliberalism-and-the-machinery-of-disposability~~ SF |
|
9 |
+Americans now live in a society in which almost everyone is spied on, considered |
| 23 |
23 |
AND |
| 24 |
|
-they conduct cannot and should not be separated from their identities as researchers. |
|
11 |
+the dead," who remain unaccounted for in numbers and law."~~2~~ |
| 25 |
25 |
|
| 26 |
26 |
|
| 27 |
|
-5 reasons to prefer: |
| 28 |
|
-Context – Most of us won't be philosophers or policymakers, but all of us are individuals who will always be affected by gender norms, which a) makes discussion about it a prerequisite and b) means my form of education outweighs because it's the most portable form. |
| 29 |
|
-Epistemology – All knowledge and values are grounded in the hidden assumptions about gender that |
|
14 |
+Militarism dominates American logic through the cooption of educational spaces, we must reclaim education so students can begin to imagine radically. Thus, the role of the ballot, as an academic pedestal, and the standard, for my political method, is to vote for the best strategy for combatting militarism. Giroux 15: |
|
15 |
+~~Henry A. Giroux (American and Canadian scholar and cultural critic. One of the founding theorists of critical pedagogy in the United States, he is best known for his pioneering work in public pedagogy), "Beyond Dystopian Visions in the Age of Neoliberal Authoritarianism", Truthout, 11/4/2015. http://www.truth-out.org/opinion/item/33511-beyond-dystopian-visions-in-the-age-of-neoliberal-authoritarianism~~ SF |
|
16 |
+If neoliberal authoritarianism is to be challenged and overcome, it is crucial that intellectuals |
| 30 |
30 |
AND |
| 31 |
|
-.e. fair or educational in the first place |
| 32 |
|
-1:57 |
|
18 |
+of the ballot's structuralist approach to politics is best, 3 independent warrants: |
| 33 |
33 |
|
| 34 |
34 |
|
| 35 |
|
-Part 2 is the contention: |
|
21 |
+A) Materialism |
| 36 |
36 |
|
| 37 |
37 |
|
| 38 |
|
-Current societal responses to IPV, based on antiquated and patriarchal notions, are unacceptable. In addition, the government has no obligation to protect people from "privately inflicted harms", which includes IPV. |
| 39 |
|
-Schuerman 92. |
| 40 |
|
-Sue Ellen Schuerman. Establishing a tort duty for police failure to respond to domestic violence. Arizona Law Review 355, Vol. 34 1992. FZ. |
| 41 |
|
-Because city police departments deal with the majority of domestic vio-lence calls, |
|
24 |
+Concrete analysis of policies and their material effects on people is key to effectively crafting revolutionary solutions – identity politics and theory without praxis only ends in solipsism. Taft-Kaufman 95: |
|
25 |
+Jill Taft-Kaufman, Speech prof @ CMU, 1995, ~~Southern Comm. Journal, Spring, v. 60, Iss. 3, "Other Ways"~~ |
|
26 |
+The postmodern passwords of "polyvocality," "Otherness," and "difference," unsupported |
| 42 |
42 |
AND |
| 43 |
|
-there is evidence that arrest also reduces the recurrence of domestic violence.26 |
|
28 |
+political agendas, institutions, agencies, and the budgets that fuel them. |
| 44 |
44 |
|
| 45 |
45 |
|
| 46 |
|
-Under one exception called the state-created danger doctrine, the government can be obligated to protect survivors of IPV. Lower courts are creating their own interpretations of this doctrine but the Supreme Court has yet to adopt a standard, resulting in arbitrary results for survivors. |
| 47 |
|
-Awoyomi 11 |
| 48 |
|
-Atinuke, 2011 The State-Created Danger Doctrine In Domestic Violence Cases: Do We Have A Solution In Okin v. Village Of Cornwall-On-Hudson Police Department? Atinuke O Awoyomi, Columbia University. |
| 49 |
|
-After DeShaney, circuit courts began carving out their own interpretations of the state- |
| 50 |
|
-AND |
| 51 |
|
-the state actor, rather than passivity or a failure to act.50 |
|
31 |
+B) Historiography |
| 52 |
52 |
|
| 53 |
53 |
|
| 54 |
|
-Advantage 1: |
| 55 |
|
- |
| 56 |
|
- |
| 57 |
|
-Affirming is key to changing officer attitudes, which ensures that they protect survivors of IPV. |
| 58 |
|
-Shtelmakher 10. |
| 59 |
|
-Milena, Loyola Marymount University and Loyola Law School Digital Commons at Loyola Marymount University and Loyola Law School Loyola of Los Angeles Law Review Law Reviews 6-1-2010 Police Misconduct and Liability: Applying the State-Created Danger Doctrine to Hold Police Officers Accountable for Responding Inadequately to Domestic-Violence Situations- |
| 60 |
|
-"Prior to the late nineteenth century, laws and cultural practices in the United |
|
34 |
+A genealogical approach based in critical examination of history is key to productive critique. Absent analysis, historical truth becomes a tool for the powerful to isolate deviancy and punish it. Yates and Hiles 10: |
|
35 |
+~~Scott and Dave; DeMontfort University "Towards a "Critical Ontology of Ourselves"? Foucault, Subjectivity, and Discourse Analysis" Theory and Psychology Vol. 20 (1): 52-75~~ SF |
|
36 |
+Foucault termed his new approach "genealogy": a "meticulous and patiently documentary" |
| 61 |
61 |
AND |
| 62 |
|
-domestic violence is a national problem affecting a tremendous number of people.126 |
|
38 |
+between individuals ... ~~it~~ designates relationships" (p. 217). |
| 63 |
63 |
|
| 64 |
64 |
|
| 65 |
|
-Holding police officers accountable is the only way to ensure that they actually enforce the law and protect survivors. |
| 66 |
|
-Schuerman 92. |
| 67 |
|
-Sue Ellen Schuerman. Establishing a tort duty for police failure to respond to domestic violence. Arizona Law Review 355, Vol. 34 1992. FZ. |
| 68 |
|
-II. Arrest as a Deterrent Arrest of the battering spouse serves the policies of |
| 69 |
|
-AND |
| 70 |
|
-view that the family should deal with domestic violence without outside help.35 |
|
41 |
+C) Heuristics |
| 71 |
71 |
|
| 72 |
72 |
|
| 73 |
|
-Advantage 2 |
|
44 |
+1. The 1AC uses the state as a descriptor. When I say you ought to do some action, I do not sever myself from my identity and place myself in your shoes when I make that statement. It is a belief of what you ought to do. When we say the state ought to do something, we are not the state; we are saying the state should do this good thing. |
| 74 |
74 |
|
| 75 |
75 |
|
| 76 |
|
-The aff is key to accurate reporting since people won't report to the police if they don't trust them |
| 77 |
|
-Shtelmakher 10. |
| 78 |
|
-Milena, Loyola Marymount University and Loyola Law School Digital Commons at Loyola Marymount University and Loyola Law School Loyola of Los Angeles Law Review Law Reviews 6-1-2010 Police Misconduct and Liability: Applying the State-Created Danger Doctrine to Hold Police Officers Accountable for Responding Inadequately to Domestic-Violence Situations- |
| 79 |
|
-When police officers have a more sensitive and understanding attitude toward ~~IPV~~ domestic |
|
47 |
+2. We recognize the state can be bad, that's the point of the aff. Revolutionary politics requires a strategy based in the present for real results, which means we start with the state. Sotiris 15: |
|
48 |
+~~Panagiotis Sotiris (Department of Philosophy, Psychology and Pedagogy, and Communication and Media @ University of Athens, Faculty of Letters, Department of Philosophical and Social Studies @ University of Crete, Department of Psychology @ Panteion University, Department of Sociology @ University of the Aegean), "The Realism of Audacity: Rethinking Revolutionary Strategy Today." November 13, 2015. http://salvage.zone/online-exclusive/the-realism-of-audacity-rethinking-revolutionary-strategy-today~~ SF |
|
49 |
+Unfortunately, historical experience shows both the catalytic and indispensable aspect of the insurrectionary sequence |
| 80 |
80 |
AND |
| 81 |
|
-A mere 3.7 percent of survivors reported seeking access to shelters. |
|
51 |
+NO. No to pessimism, no to surrender, no to defeat. |
| 82 |
82 |
|
| 83 |
83 |
|
| 84 |
|
-Thus the plan: |
|
54 |
+Part 2 is the State of Exception |
| 85 |
85 |
|
| 86 |
86 |
|
| 87 |
|
-Resolved: The Supreme Court of the United States ought to establish a national standard for the state-created danger doctrine based on the precedent established by the Okin decision. |
| 88 |
|
-Awoyomi 11: |
| 89 |
|
-Awoyomi 11'-Atinuke, 2011 The State-Created Danger Doctrine In Domestic Violence Cases: Do We Have A Solution In Okin v. Village Of Cornwall-On-Hudson Police Department? Atinuke O Awoyomi, Columbia University |
| 90 |
|
-This Article argues that courts applying the state-created danger doctrine to ~~IPV |
|
57 |
+The fiasco starts with Scalia, of course. In Anderson v. Creighton, The Supreme Court privileged federal authorities over regular citizens by making them scot-free from constitutional violations leaving real state violence with no recourse. Rudovsky 89: |
|
58 |
+~~David Rudovsky (University of Pennsylvania Law School), "The Qualified Immunity Doctrine in the Supreme Court: Judicial Activism and the Restriction of Constitutional Rights" Penn Law: Legal Scholarship Respository. 1989. http://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=3772andcontext=penn_law_review~~ SF, brackets in original evidence |
|
59 |
+Anderson v. Creighton swept away these decisions and created an additional basis for the |
| 91 |
91 |
AND |
| 92 |
|
-tests adopted by other circuits, there is less room for judicial discretion. |
|
61 |
+a reasonable official would understand that what he is doing violates that right." |
| 93 |
93 |
|
| 94 |
94 |
|
| 95 |
|
-Solvency |
| 96 |
|
- |
| 97 |
|
- |
| 98 |
|
-By creating a distinct standard, the Okin decision applied solves for repeated inaction by officers. |
| 99 |
|
-Awoyomi 11: |
| 100 |
|
-Awoyomi 11'-Atinuke, 2011 The State-Created Danger Doctrine In Domestic Violence Cases: Do We Have A Solution In Okin v. Village Of Cornwall-On-Hudson Police Department? Atinuke O Awoyomi, Columbia University |
| 101 |
|
-The Okin court made a powerful observation that "repeated sustained inaction in the face |
|
64 |
+This is a genealogy of the state of exception and the paradox of the state; the state creates societal rules and enforces them but removes itself from the public sphere to ensure immunity. This division leads to bare life, the condition that makes police brutality "reasonable". Ziarek 12: |
|
65 |
+Ewa Ziarek (Julian Park Professor of Comparative Literature at The State University of New York at Buffalo). "9. Bare Life." Impasses of the Post-Global: Theory in the Era of Climate Change, vol. 2. 2012. http://quod.lib.umich.edu/o/ohp/10803281.0001.001/1:11/—impasses-of-the-post-global-theory-in-the-era-of-climate?rgn=div1;view=fulltext |
|
66 |
+Since bare life is included within Western democracies as their hidden inner ground and as |
| 102 |
102 |
AND |
| 103 |
|
-may suffice as much as explicit action to show state-created danger. |
|
68 |
+life to death, constitutes the "supreme" political principle of genocide. |
| 104 |
104 |
|
| 105 |
105 |
|
| 106 |
|
-That's key to reducing and preventing IPV |
| 107 |
|
-Awoyomi 11: |
| 108 |
|
-Awoyomi 11'-Atinuke, 2011 The State-Created Danger Doctrine In Domestic Violence Cases: Do We Have A Solution In Okin v. Village Of Cornwall-On-Hudson Police Department? Atinuke O Awoyomi, Columbia University |
| 109 |
|
-Most courts require the showing of affirmative acts by state actors in order for ~~ |
|
71 |
+Thus my advocacy is the limiting of qualified immunity, police officers should be held to strict liability for their legal violations. CX clarifies possible violations. Bernick 15 is the solvency advocate: |
|
72 |
+~~Evan Bernick (Evan is the Assistant Director of the Center for Judicial Engagement at the Institute for Justice, a libertarian public interest law firm), "To Hold Police Accountable, Don't Give Them Immunity." Foundation for Economic Education. May 6, 2015. https://fee.org/articles/to-hold-police-accountable-dont-give-them-immunity/~~ SF |
|
73 |
+Simply put, qualified immunity has to go. It should be replaced with a |
| 110 |
110 |
AND |
| 111 |
|
-survivors~~ victims from potential or actual violence and to hold perpetrators accountable. |
|
75 |
+have to purchase insurance to cover any costs in excess of that amount. |
| 112 |
112 |
|
| 113 |
113 |
|
| 114 |
|
-Okin decision solves like other court decisions can't |
| 115 |
|
-Awoyomi 11 |
| 116 |
|
-Atinuke, 2011 The State-Created Danger Doctrine In Domestic Violence Cases: Do We Have A Solution In Okin v. Village Of Cornwall-On-Hudson Police Department? Atinuke O Awoyomi, Columbia University. |
| 117 |
|
-It is evident that circuits that have adopted the state-created danger doctrine employ |
| 118 |
|
-AND |
| 119 |
|
-difference, the Author has divided the Okin factors into four distinct parts: |
|
78 |
+Qualified immunity is a state of exception that hides the truths about militarism and halts reform. Only limiting can hold a legal mirror to the lawless state. Bernick 2: |
|
79 |
+This decision was unabashedly policy-oriented: it was thought that government officials would not vigorously fulfill their obligations if they could be held accountable for actions taken in good faith. Under current law, the general rule is that victims of rights violations pay the costs of their own injuries. In practice, qualified immunity provides a near-absolute defense to all but the most outrageous conduct. The Ninth Circuit has held that throwing a flash-bang grenade "blindly" into a house, injuring a toddler, isn't outrageous enough. Just last year, in Plumhoff v. Rickard, the Supreme Court decided that firing 15 bullets at a motorist is a reasonable method to end the driver's flight from the police. So much for "every person" "shall be liable." Qualified immunity shields police misconduct not only from liability but also from meaningful judicial scrutiny. Private lawsuits are an essential tool in uncovering the truth about police misconduct. The discovery process can yield information that makes broader policy changes within police departments possible. At trial, judicial engagement — an impartial, evidence-based determination of the constitutionality of the officer's actions — can take place. Qualified immunity can cut this search for truth short. If qualified immunity is raised as a defense before trial and the judge denies it, that decision is immediately appealable. If it is granted, discovery stops, and there is no trial on the merits. |