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-Part 1 is Framework |
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-There is no possibility of understanding a person in and of herself. All identities are understood through power relations – the differentiation of the subject through social relations, which are constantly changing and must, by necessity be constantly changing. Butler ‘92 |
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-Judith Butler. 1992. “Continent Foundations: Feminism and the Question of “Postmodernism” Feminists Theorize the Political) |
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-In a sense,... to politics itself. |
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-Power is ubiquitous and fluid—it creates the subject. Orme |
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-Orme, Stephen. "Foucault: Subject, Power, Resistance." Academia.edu. N.p., n.d. Web. 21 July 2016. |
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-We must imagine ...trans-individual process.' |
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-The judge should be an intellectual examining the accuracy of the processes that construct truth and how they interact with power structures. Foucault |
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-Michel Foucault, interviewed by Alessandro Fontana, Pasquale Pasquino, "TRUTH AND POWER" |
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-‘Truth’ is to...the present time. |
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-Governmentality is a form of power that is instrumental in constructing truth. Foucault 2 Power and Knowledge, 1980 |
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-There is a battle …the truth itself. |
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-Understanding our relationship to political power is the only way to avoid a kind of causal determinism—otherwise we are always conditioned by power and can never escape it. Foucault 3 Foucault, Michel. |
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-Hermneutique du suet English |
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-The hermeneutics of the subject: lectures at the College de France, 1981-1982 / Michel Foucault; edited by FrandJeYic Gros; general editors, Francois Ewald and Alessandro Fontana ; translated by Graham Burchell. |
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-In other words, …with blameworthy stubbornness. |
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-Thus the role of the ballot is to vote for the debater whose analysis better examines political governmentality. |
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-Part 2 is Genealogy |
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-The framework requires a non-normative examination of history. Koopman ‘13 Koopman, Colin. Genealogy as Critique. Bloomington and Indianapolis: Indiana UP, 2013. Print. |
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-It is important...and critical theory. |
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-Critical analyses are key to understanding our subjectivity. May ‘06 |
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-May, Todd(2006)'Michel Foucault's guide to living',Angelaki,11:3,173 — 184 |
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-The rise of...one thought about. |
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-Here is a historical analysis of qualified immunity~-~-Qualified immunity has been constructed by the courts – it’s not a really an act of Congress and the progression of cases show the doctrine has come unmoored from any of the justifications that are offered for it. |
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-Huq 15, Aziz Z Professor of Law at UChicago Law School, Fmr. Deputy Director of the Brennan Center for Justice. "Judicial Independence and the Rationing of Constitutional Remedies." Duke Law Journal 65, no. 1 (2015). http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1978andcontext=public_law_and_legal_theory |
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-No federal statute...concerns are at play. |
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-Genealogy is valuable under any ethical theory. Yancy |
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-George Yancy Prof. Philosophy @ Dusquene, “What White Looks Like,” 2004 |
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-A genealogical examination...evaluate and overcome. |
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-Part 3 is Analysis |
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-First, qualified immunity prevents analysis of the law. Care for the self requires a constant evaluation of the way that power has conditioned our surroundings and qualified immunity means that citizens take laws for granted. Hassel 99, Diana Associate Professor, Roger Williams University School of Law. B.A. 1979, Mount Holyoke College; J.D. 1985, Rutgers, the State University of New Jersey- Newark. Assistant United States Attorney, Southern District of New York, 1988-93. "Living a Lie: The Cost of Qualified Immunity." Mo. L. Rev 64 (1999): 123. |
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-The problem with...professes to accomplish. |
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-Second, qualified immunity valorizes the police as distinct from the public—this unexamined form of dualism allows governmentality to go uncontested. Johnson 14 Theoria, Issue 141, Vol. 61, No. 4 (December 2014): 5-29 doi:10.3167/th.2014.6114102 • ISSN 0040-5817 (Print) • ISSN 1558-5816 (Online) |
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-The police are...handed police-state. |
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-he continues |
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-A fully developed...effec- tively combated. |
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-Third, Qualified immunity is a bankrupt principle – the doctrine establishes a static rule that governs our ability to interpret and redefine the law in instances related to police behavior. Wright '15 Sam (), 11-3-2015, "Want to Fight Police Misconduct? Reform Qualified Immunity," Above the Law, http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/ |
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-I think Megan...make it happen. |
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-Fourth, Analytic |