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+I value morality since the resolution is normative. Every agent has a practical identity that is the source of value. |
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+Christine M. Korsgaard 92, professor of Philosophy at Harvard University. “The Sources of Normativity”, The Tanner Lectures on Human Values |
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+Those who think that the human mind is internally luminous and transparent to itself think |
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+AND |
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+identity, your nature; your obligations spring from what that identity forbids. |
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+The content of normative claims has to be contained within themselves |
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+David Velleman 05 (Professor of Philosophy at New York University). “A Brief Introduction to Kantian Ethics”. 2005. |
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+Kant reasoned that if moral requirements don't derive their force from any external authority, |
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+AND |
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+that a requirement would carry authority simply by virtue of requiring that thing. |
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+Thus, the standard is consistency in the rational will. |
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+Absent a rational will, actions become unintelligible since the intent determines the action. |
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+Christine Korsgaard 14 (Professor at Harvard University) “How to be an Aristotelian Kantian Constitutivist.” 2014 |
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+ “First of all, no one thinks a wholly “external performance,” |
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+AND |
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+to at least intend to transmit the sandwich from my possession to yours.” |
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+Anything being good commits us to valuing it unconditionally. |
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+Christine M. Korsgaard 06 ( Professor at Harvard) “Morality and the Logic of Caring: A Comment on Harry Frankfurt”. Pg. 7 RC |
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+“If practical reasons are public, however, it must be possible for us |
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+AND |
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+reasons, then it turns out to be something like Kant’s moral law.” |
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+I advocate that the United States ought to limit qualified immunity for police officers |
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+First, qualified immunity prevents determination of what constitutes a rights violation. |
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+Walker 15 Christopher J. Walker, Assistant Professor of Law, Michael E. Moritz College of Law, The Ohio State University, Aaron L. Nielson, Associate Professor of Law, J. Reuben Clark Law School, Brigham Young University, “The New Qualified Immunity,” Southern California Law Review, Vol. 89, pp. 1-65, Oct. 19, 2015 |
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+On the other hand, if one is concerned not only with courts reaching constitutional |
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+AND |
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+for the post-Pearson constitutional stagnation theory discussed in Part I.D |
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+4th amendment proves |
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+Devon Carbado 16 (Professor of Law, University of California, Los Angeles Law School.) "Blue-on-Black Violence: A Provisional Model of Some of the Causes." Geo. LJ 104 (2016): 1479-1581. |
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+By prohibiting the government from engaging in unreasonable searches and seizures, the Fourth Amendment |
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+AND |
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+they engage people (the “immunities” protection of the Fourth Amendment). |
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+Second, qualified immunity allows police to get away with rights violations. Even if it could work in theory, it has failed to work in reality. |
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+Diana Hassel 09 (Professor, Roger Williams University School of Law). "Excessive Reasonableness." Ind. L. Rev. 43 (2009): 117. |
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+The Court's development of the qualified immunity doctrine has stretched the rationale underlying the defense |
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+AND |
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+civil actions based on the Fourth Amendment will not effectively deter police violence. |
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+limiting qualified immunity ensures police are able to held accountable for wrong doings. |
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+Sam Wright 15 (Sam Wright is a dyed-in-the-wool, bleeding-heart public interest lawyer who has spent his career exclusively in nonprofits and government “Want to Fight Police Misconduct? Reform Qualified Immunity”. Above the Law, Nov. 3, 2015. http://abovethelaw.com/2015/11/want-to-fight-police-misconduct-reform-qualified-immunity/?rf=1 RC |
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+In order to truly hold police accountable for bad acts, civilians must be able |
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+AND |
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+bring about true accountability and change police behavior, this needs to change. |
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+QI levels the field. |
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+Lindsey De Stefan 16 (J.D. Candidate, 2017, Seton Hall University School of Law; B.A., Ramapo College of New Jersey). "“No Man Is Above the Law and No Man Is Below It:” How Qualified Immunity Reform Could Create Accountability and Curb Widespread Police Misconduct." Law School Student Scholarship. Paper 850. (2017). |
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+By beginning to mending the qualified immunity doctrine in these ways, |
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+AND |
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+surely be a long path to rebuilding the trust that is so crucial. |