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1 +Interpretation: All affirmative offense must come from the hypothetical enactment of a policy that limits qualified immunity for police officers
2 +Resolved means the affirmative must defend the implementation of a policy action by a government
3 +Parcher 1 (Jeff, Fmr. Debate Coach at Georgetown University, February, http://www.ndtceda.com/archives/200102/0790.html)
4 +Pardon me if I turn to a source besides Bill. American Heritage Dictionary: Resolve: 1. To make a firm decision about. 2. To decide or express by formal vote. 3. To separate something into constituent parts See Syns at *analyze* (emphasis in orginal) 4. Find a solution to. See Syns at *Solve* (emphasis in original) 5. To dispel: resolve a doubt. - n 1. Frimness of purpose; resolution. 2. A determination or decision. (2) The very nature of the word "resolution" makes it a question. American Heritage: A course of action determined or decided on. A formal statemnt of a deciion, as by a legislature. (3) The resolution is obviously a question. Any other conclusion is utterly inconcievable. Why? Context. The debate community empowers a topic committee to write a topic for ALTERNATE side debating. The committee is not a random group of people coming together to "reserve" themselves about some issue. There is context - they are empowered by a community to do something. In their deliberations, the topic community attempts to craft a resolution which can be ANSWERED in either direction. They focus on issues like ground and fairness because they know the resolution will serve as the basis for debate which will be resolved by determining the policy desireablility of that resolution. That's not only what they do, but it's what we REQUIRE them to do. We don't just send the topic committee somewhere to adopt their own group resolution. It's not the end point of a resolution adopted by a body - it's the prelimanary wording of a resolution sent to others to be answered or decided upon. (4) Further context: the word resolved is used to emphasis the fact that it's policy debate. Resolved comes from the adoption of resolutions by legislative bodies. A resolution is either adopted or it is not. It's a question before a legislative body. Should this statement be adopted or not. (5) The very terms 'affirmative' and 'negative' support my view. One affirms a resolution. Affirmative and negative are the equivalents of 'yes' or 'no' - which, of course, are answers to a question.
5 +Topical version of the aff
6 +Topical limits are key to falsifiability –non-falsifiable claims shut down debate– in spaces like debate that mandate contestation, conversation becomes impossible
7 +Subutonik 98 Professor of Law, Touro College, Jacob D. Fuchsberg Law Center. 7 Cornell J. L. and Pub. Pol'y 681
8 +Having traced a major strand in the development of CRT, we turn now to the strands' effect on the relationships of CRATs with each other and with outsiders. As the foregoing material suggests, the central CRT message is not simply that minorities are being treated unfairly, or even that individuals out there are in pain - assertions for which there are data to serve as grist for the academic mill - but that the minority scholar himself or herself hurts and hurts badly.¶ An important problem that concerns the very definition of the scholarly enterprise now comes into focus. What can an academic trained to *694 question and to doubt n72 possibly say to Patricia Williams when effectively she announces, "I hurt bad"? n73 "No, you don't hurt"? "You shouldn't hurt"? "Other people hurt too"? Or, most dangerously - and perhaps most tellingly - "What do you expect when you keep shooting yourself in the foot?" If the majority were perceived as having the well- being of minority groups in mind, these responses might be acceptable, even welcomed. And they might lead to real conversation. But, writes Williams, the failure by those "cushioned within the invisible privileges of race and power... to incorporate a sense of precarious connection as a part of our lives is... ultimately obliterating." n74¶ "Precarious." "Obliterating." These words will clearly invite responses only from fools and sociopaths; they will, by effectively precluding objection, disconcert and disunite others. "I hurt," in academic discourse, has three broad though interrelated effects. First, it demands priority from the reader's conscience. It is for this reason that law review editors, waiving usual standards, have privileged a long trail of undisciplined - even silly n75 - destructive and, above all, self-destructive arti cles. n76 Second, by emphasizing the emotional bond between those who hurt in a similar way, "I hurt" discourages fellow sufferers from abstracting themselves from their pain in order to gain perspective on their condition. n77¶ *696 Last, as we have seen, it precludes the possibility of open and structured conversation with others. n78 *697 It is because of this conversation-stopping effect of what they insensitively call "first-person agony stories" that Farber and Sherry deplore their use. "The norms of academic civility hamper readers from challenging the accuracy of the researcher's account; it would be rather difficult, for example, to criticize a law review article by questioning the author's emotional stability or veracity." n79 Perhaps, a better practice would be to put the scholar's experience on the table, along with other relevant material, but to subject that experience to the same level of scrutiny.¶ If through the foregoing rhetorical strategies CRATs succeeded in limiting academic debate, why do they not have greater influence on public policy? Discouraging white legal scholars from entering the national conversation about race, n80 I suggest, has generated a kind of cynicism in white audiences which, in turn, has had precisely the reverse effect of that ostensibly desired by CRATs. It drives the American public to the right and ensures that anything CRT offers is reflexively rejected.¶ In the absence of scholarly work by white males in the area of race, of course, it is difficult to be sure what reasons they would give for not having rallied behind CRT. Two things, however, are certain. First, the kinds of issues raised by Williams are too important in their implications *698 for American life to be confined to communities of color. If the lives of minorities are heavily constrained, if not fully defined, by the thoughts and actions of the majority elements in society, it would seem to be of great importance that white thinkers and doers participate in open discourse to bring about change. Second, given the lack of engagement of CRT by the community of legal scholars as a whole, the discourse that should be taking place at the highest scholarly levels has, by default, been displaced to faculty offices and, more generally, the streets and the airwaves.
9 +Transformative politics must adapt to the realities of implementation – critique alone cannot overcome existing juridical limitations
10 +Carisa R. Showden 12, Assistant Professor of Political Science at the University of North Carolina, Greensboro, "Theorising maybe: A feminist/queer theory convergence," 2012, Feminist Theory 13(1), pp. 3-25
11 +Sex radicals assert that criminalising prostitution restricts women’s sexual freedom by contributing to the stigma surrounding prostitution specifically and sex more generally. Many further argue that sex has multiple meanings depending upon the context in which it is engaged, but that legal and regulatory schemes flatten nuance, thereby promoting a singular meaning of sex for all citizens.28 And while I, too, would insist that sex acts can have multiple meanings, the interpretive limits imposed by the historically and culturally specific contexts in which they take place must always be borne in mind. We need to take seriously the sex radical critiques of existing juridical limits on sexual activities and cultural norms of ‘good womanhood’. But we should also remember, as legal scholar Jane Scoular writes, that sex work should be viewed with ambivalence: ‘It is an activity which challenges the boundaries of heterosexist, married, monogamy but may also be an activity which reinforces the dominant norms of heterosexuality and femininity’ (2004: 348). Because sex and sex work have many meanings, but those meanings and the ability to deploy them are restricted by the material conditions under which prostitutes labour (and clients and outsiders come to understand sexuality), the sex radicalism perspective needs to be amended to fit more clearly within a Foucauldian power frame. Note the convergence of feminist and queer epistemologies here. On the queer hand, sex does not have to reveal anything about one’s core identity, and sex is a mode of transgression. But on the feminist hand, sex is about power, subordination is part of sex, and sometimes that subordination is problematic. Because of its affinities with both queer theory and feminism, this ‘sex-positive queer feminism’ is feminism as ‘maybe’: a qualified endorsement of sexual practices as politically resistant but fully within the definition of feminism as a theory of subordination and hegemonic heterosexuality. This theory can provide located, specific, non-universal norms of sexual resistance by excavating specific sites of sexual and political practice in order to see how subordination works in the particular location under study and what might count as resistance within these contexts given differentiated practices, conceptual frameworks, and material resources. These excavations need not assume in advance that because the practice involves commercialisation, or sexual interactions, or men, that it will be bad or good for women. By remaining agnostic on this question, sex-positive queer feminism might be better able to locate resources that can facilitate resistance without assuming that equality or non-subordination is universally required for it. One danger of such local analyses is in potentially failing to see systemic links between practices in multiple sites. These links are important, and radical feminism has produced compelling analyses of these imbricated structures. But structural links are not the same as practices of power that precisely map onto each other in their intentions and effects. Both the linkages, and the differences, are important in developing a theory of freedom and equality. In the frame of our two narratives of the sex/gender wars, while there are obvious affinities between queer theory and sex-positive feminist theory, they are, fundamentally, different bodies of arguments. If we revive sex radicalism, we are continuing the first story, not the second. Even if we think of sex-positive feminism as the queering of feminist theory, it is not queer through and through: it is animated by its brief for F; and while it has a more complicated relationship to the function of subordination – questioning the linear through-line posited by radical feminism from heterosexual intercourse to women’s civil rights, political standing, and social welfare – it still has a theory of subordination and harm. Pro-sex feminism can, finally, stay within the heterosexual frame (M/F) without assuming its totality. As feminism, sex radicalism starts from the assumption that M/F is a significant, though not exclusive, feature of sexuality and power relations, but still contests the epistemic rigidity that dominance feminism proclaims for ‘sex’. One does not need to go all the way to queer theory to get the epistemic critique of dominance feminism. It is possible to know something about sex that is outside the dominance feminist frame and still carry a brief for F. Theory, politics, and prostitution One way to think about sex-positive queer feminist norms is that they are multiple and therefore must be balanced. To balance them one must consider the various constraints on subjects in practice. If what is required to realise particular norms (anti-subordination or sexual autonomy or economic stability) is different practices in similar institutions, and if the norms most needed for resistance are also variable, then one resulting argument is that some situations of prostitution are more ethically defensible than others. A sex-positive queer feminism then leads us to think about sex generally and prostitution specifically as multiple; rather than ‘prostitution’ we are led to think about ‘prostitutions’. This is problematic, perhaps, from a legal perspective, which, as I noted above, might be one reason why Halley and others argue that MacKinnon’s work ‘won’ the legal feminist sex wars. But politics and policy can be (slightly) more nuanced and context-sensitive. Here sex-positive queer feminism needs to be (warily) more governance-oriented. It needs to infuse prostitution policy with a different ethics – to take the norms it brings to queer theory and make them work for women, to fight the subordination produced by stigmatising ‘deviant’ sex as well as the subordination produced by poverty and coercion into sex. The epistemological shift I am endorsing matters ethically for public policy debates, even recognising the inconsistent relationship between a policy’s goals and its actual material effects, as these debates create frameworks of understanding and subjectification.
12 +
13 +State criminal justice education is good for deconstructing queer oppression by the state – turns all of the 1AC offence and their CI. It is necessary to use queer theory to reconfigure the state
14 +Woods 14 - J. B. Woods (and) Williams Institute, UCLA School of Law, Los Angeles, CA, USA, ‘‘Queering Criminology’’: Overviewof the State of the Field
15 +Abstract This chapter provides an overview of the treatment of sexual orientation and gender identity issues and LGBTQ populations in the field of criminology. The chapter advances three main points. First, it argues that there is very little data on LGBTQ people’s experiences of crime, both in terms of victimization and offending. Second, the overwhelming majority of criminological engagement with sexual orientation and gender identity occurred prior to the 1980s, and discussed these concepts insofar as assessing whether ‘‘homosexuality’’—a term that was often employed to describe non-heterosexual sexualities and gender nonconforming identities/expressions—was or was not a form of criminal sexual deviance. Third, to date, there is little to no theoretical engagement with sexual orientation and gender identity in each of the four major schools of criminological thought: biological, psychological, sociological, and critical. I argue that these three points are a reflection of the historical and continuing stigma of the sexual deviance framework on the treatment of sexual orientation and gender identity concepts, and LGBTQ people in the field. This chapter makes a call to ‘‘queer criminology,’’ which in my view, requires overcoming the sexual deviance framework and reorienting criminological inquiry to give due consideration to sexual orientation and gender identity as non-deviant differences that may shape people’s experiences of crime and experiences in the criminal justice system more generally.
16 +Their aff avoids neg prep that applies to limits on qualified immunity. The topic is the basis for predictable limits – abandoning it means the affirmative can argue for anything, which the negative cannot possibly prepare for.
17 +Topical fairness requirements are key to effective dialogue—monopolizing strategy makes the discussion one-sided and exclusionary – turns the 1AC epistemology and pedagogy framing
18 +Galloway 7—Samford Comm prof (Ryan, Contemporary Argumentation and Debate, Vol. 28, 2007)
19 +Debate as a dialogue sets an argumentative table, where all parties receive a relatively fair opportunity to voice their position. Anything that fails to allow participants to have their position articulated denies one side of the argumentative table a fair hearing. The affirmative side is set by the topic and fairness requirements. While affirmative teams have recently resisted affirming the topic, in fact, the topic selection process is rigorous, taking the relative ground of each topic as its central point of departure. Setting the affirmative reciprocally sets the negative. The negative crafts approaches to the topic consistent with affirmative demands. The negative crafts disadvantages, counter-plans, and critical arguments premised on the arguments that the topic allows for the affirmative team. According to fairness norms, each side sits at a relatively balanced argumentative table. When one side takes more than its share, competitive equity suffers. However, it also undermines the respect due to the other involved in the dialogue. When one side excludes the other, it fundamentally denies the personhood of the other participant (Ehninger, 1970, p. 110). A pedagogy of debate as dialogue takes this respect as a fundamental component. A desire to be fair is a fundamental condition of a dialogue that takes the form of a demand for equality of voice. Far from being a banal request for links to a disadvantage, fairness is a demand for respect, a demand to be heard, a demand that a voice backed by literally months upon months of preparation, research, and critical thinking not be silenced. Affirmative cases that suspend basic fairness norms operate to exclude particular negative strategies. Unprepared, one side comes to the argumentative table unable to meaningfully participate in a dialogue. They are unable to “understand what ‘went on…’” and are left to the whims of time and power (Farrell, 1985, p. 114). Hugh Duncan furthers this line of reasoning: Opponents not only tolerate but honor and respect each other because in doing so they enhance their own chances of thinking better and reaching sound decisions. Opposition is necessary because it sharpens thought in action. We assume that argument, discussion, and talk, among free an informed people who subordinate decisions of any kind, because it is only through such discussion that we reach agreement which binds us to a common cause…If we are to be equal…relationships among equals must find expression in many formal and informal institutions (Duncan, 1993, p. 196-197). Debate compensates for the exigencies of the world by offering a framework that maintains equality for the sake of the conversation (Farrell, 1985, p. 114). For example, an affirmative case on the 2007-2008 college topic might defend neither state nor international action in the Middle East, and yet claim to be germane to the topic in some way. The case essentially denies the arguments that state action is oppressive or that actions in the international arena are philosophically or pragmatically suspect. Instead of allowing for the dialogue to be modified by the interchange of the affirmative case and the negative response, the affirmative subverts any meaningful role to the negative team, preventing them from offering effective “counter-word” and undermining the value of a meaningful exchange of speech acts. Germaneness and other substitutes for topical action do not accrue the dialogical benefits of topical advocacy.
20 +Debate inevitably involves exclusions and normative constraints~-~--making sure that those exclusions occur along reciprocal lines is necessary to foster democratic habits which turn and solves the whole case
21 +Amanda Anderson 6, prof of English at Johns Hopkins The Way We Argue Now, 33-6
22 +In some ways, this is understandable as utopian writing, with recognizable antecedents throughout the history of leftist thought. But what is distinctive in Butler’s writing is the way temporal rhetoric emerges precisely at the site of uneasy normative commitment. In the case of performative subversion, a futural rhetoric displaces the problems surrounding agency, symbolic constraint, and poststructuralist ethics. Since symbolic constraint is constitutive of who we can become and what we can enact,¶ 34¶ there is clearly no way to truly envision a reworked symbolic. And since embracing an alternative symbolic would necessarily involve the imposition of newly exclusionary and normalizing norms, to do more than gesture would mean lapsing into the very practices that need to be superseded. Indeed, despite Butler’s insistence in Feminist Contentions that we must always risk new foundations, she evinces a fastidious reluctance to do so herself.¶ The forward-looking articulation of performative politics increasingly gives way, in Bodies That Matter, to a more reflective, and now strangely belated, antiexclusionary politics. Less sanguine about the efficacy of outright subversion, Butler more soberly attends to ways we might respond to the politically and ontologically necessary error of identity categories. We cannot choose not to put such categories into play, but once they are in play, we can begin to interrogate them for the exclusions they harbor and generate. Butler here is closely following Gayatri Chakravorty Spivak’s position on essentialism, a position Butler earlier sought to sublate through the more exclusive emphasis on the unremitting subversion of identity.18 If performative subversion aimed to denaturalize identity and thus derail its pernicious effects, here, by contrast, one realizes the processes of identity formation will perforce proceed, and one simply attempts to register and redress those processes in a necessarily incomplete way. The production of exclusion, or a constitutive outside, is butler quote starts “the necessary and founding violence of any truth-regime,” but we should not simply accept that fact passively:¶ The task is to refigure this necessary “outside” as a future horizon, one in which the violence of exclusion is perpetually in the process of being overcome. But of equal importance is the preservation of the outside, the site where discourse meets its limits, where the opacity of what is not included in a given regime of truth acts as a disruptive site of linguistic impropriety and unrepresentability, illuminating the violent and contingent boundaries of that normative regime precisely through the inability of that regime to represent that which might pose a fundamental threat to its continuity. . . . If there is a violence necessary to the language of politics, then the risk of that violation might well be followed by another in which we begin, without ending, without mastering, to own—and yet never fully to own—the exclusions by which we proceed. (BTM, 53)¶ butler quote endsBecause the exclusionary process is productive of who and what we are, even in our oppositional politics, our attempts to acknowledge and redress it are always post hoc. Here the future horizon is ever-receding¶ 35¶ precisely because our own belated making of amends will never, and should never, tame the contingency that also begets violence. But the question arises: does Butler ever propose that we might use the evaluative criteria governing that belated critical recognition to guard against such processes of exclusion in the first place? Well, in rare moments she does project the possibility of cultivating practices that would actually disarm exclusion (and I will be discussing one such moment presently). But she invariably returns to the bleak insistence on the impossibility of ever achieving this. This retreat is necessitated, fundamentally, by Butler’s failure to distinguish evaluative criteria from the power-laden mechanisms of normalization. Yet the distinction does reappear, unacknowledged, in the rhetoric of belatedness, which, like performative thresholdism, serves to underwrite her political purism. As belated, the incomplete acts of “owning” one’s exclusions are more seemingly reactive and can appear not to be themselves normatively implicated.¶ We can see a similar maneuver in Butler’s discussion of universalist traditions in Feminist Contentions. Here she insists that Benhabib’s universalism is perniciously grounded in a transcendental account of language (communicative reason), and is hence not able to examine its own exclusionary effects or situated quality (FC, 128–32). This is, to begin with, a mischaracterization. Benhabib’s account of communicative reason is historically situated (if somewhat loosely within the horizon of modernity) and aims to justify an ongoing and self-critical process of interactive universalism—not merely through the philosophical project of articulating a theory of universal pragmatics but more significantly through the identification and cultivation of practices that enable democratic will formation.19 Butler then introduces, in contrast to Benhabib, an exemplary practice of what she calls “misappropriating” universals (Paul Gilroy’s The Black Atlantic is cited here). Now, it is hard not to see this as a species of dogmatism. Bad people reinscribe or reinforce universals, good people “misappropriate” them. Benhabib calls for the reconstruction of Enlightenment universals, but presumably even reconstruction is tainted. The key point, however, is that misappropriation is a specifically protected derivative process, one whose own belatedness and honorific disobedience are guaranteed to displace the violence of its predecessor discourse.¶ Let me pursue here for a moment why I find this approach unsatisfactory. Simply because the activity of acknowledging exclusion or misappropriating universals is belated or derivative does not mean that such¶ 36¶ an activity is not itself as powerfully normative as the “normative political philosophy” to which Butler refers with such disdain. There is a sleight of hand occurring here: Butler attempts to imply that because such activities exist at a temporal and critical remove from “founding regimes of truth,” they more successfully avoid the insidious ruse of critical theory. But who’s rusing who here? Because Butler finds it impossible to conceive of normativity outside of normalization, she evades the challenging task of directly confronting her own normative assumptions. Yet Butler in fact advocates ethical practices that are animated by the same evaluative principles as communicative ethics: the rigorous scrutiny of all oppositional discourse for its own newly generated exclusions, and the reconfiguration of debilitating identity terms such as “women” as sites “of permanent openness and resignifiability” (FC, 50). Both these central practices rely fundamentally on democratic principles of inclusion and open contestation. Communicative ethics does no more than to clarify where among our primary social practices we might locate the preconditions for such activities of critique and transformation. By justifying its own evaluative assumptions and resources it aims not to posit a realm free of power but rather to clarify our own ongoing critiques of power. This does not mean that such critiques will not themselves require rigorous scrutiny for harboring blindnesses and further exclusions, but neither does it mean that such critiques will necessarily be driven by exclusionary logic. And communicative ethics is by no means a “merely theoretical” or “philosophical” project inasmuch as it can identify particular social and institutional practices that foster democratic ends. By casting all attempts to characterize such practices as pernicious normalizing, Butler effectively disables her own project and leaves herself no recourse but to issue dogmatic condemnations and approvals.
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