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+Argumentation necessitates reasons within universal conclusions – all reasons must be acceptable to all agents |
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+Bohman and Rehg 7 James Bohman and William Rehg (professors of philosophy at St. Louis University) “Jurgen Habermas” May 17th 2007, substantially revised August 4th 2014 Stanford Encyclopedia of Philosophy http://plato.stanford.edu/entries/habermas/#HabDisThe |
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+What is the “performative attitude” that is to be reconstructed in such a |
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+AND |
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+the former, in terms of idealized consensus. More on that below. |
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+ |
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+Actions causally contain the freedom to pursue a given end. |
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+Engstrom Stephen (Professor of Ethics at UPitt) “Universal Legislation As the Form of Practical Knowledge” http://www.philosophie.uni-hd.de/md/philsem/engstrom_vortrag.pdf |
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+Kant holds that to set something as one’s end is to represent it in practical |
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+AND |
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+representation of an end there must correspond two components in the end itself. |
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+ |
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+Agents cannot reject their own ability to be free. |
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+Kant Immanuel “The Metaphysics of Morals” Cambridge Texts in the History of Philosophy, 2nd Edition Mary J. Gregor, Roger J. Sullivan, Cambridge University Press 1996, 1797 |
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+A human being cannot renounce their his personality as long as he is |
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+AND |
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+one’s hair in order to sell it is not altogether free from blame. |
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+ |
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+Respect for freedom requires we enter into a political system that can distribute property. |
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+Korsgaard 8 Christine “Taking the Law into Our Own Hands: Kant on the Right to Revolution” The Constitution of Agency: Essays on Practical Reason and Moral Psychology Oxford University Press http://www.klindeman.com/uploads/3/8/2/2/38221431/korsgaard_-_taking_the_law_into_our_own_hands.pdf |
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+Kant also believes that there is a sense in which we have rights in the |
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+AND |
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+property only in a civil society. (MPJ 6:256) |
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+ |
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+Thus, the standard is consistency with the categorical imperative |
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+ |
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+It’s impossible for an agent to denounce their own freedom |
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+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 |
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+In order to determine exactly how the relation between life and consciousness can be methodologically |
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+AND |
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+encompassing, that there is simply no place for the critic to stand. |
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+ |
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+Our framework is grounded in reality, attempts to abstract from reason are incoherent. |
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+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 |
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+Now if one wants to reject this characterization, we are led into a second |
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+AND |
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+theory that ideology critique was meant to overcome in the first place.17 |
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+ |
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+Offense |
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+ |
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+I contend that QI is a violation of tort law and equal freedom. |
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+ |
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+Tort law is key to equal freedom. |
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+Ripstein 4 Arthur “Tort, The Division of Responsibility and the Law of Tort” Fordham Law Review Vol. 72 Issue 5 Article 21 |
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+This brings us back to the law of tort. Almost anything I do will |
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+AND |
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+to your ability to set and pursue your own conception of the good. |
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+ |
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+In any legal system of rights, plaintiffs must be allowed to sue defendants. |
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+Weinrib 02 Ernest J. Weinrib “Corrective Justice in a Nutshell” The University of Toronto Law Journal, Vol. 52, No. 4 (Autumn, 2002), pp. 349-356 http://www.jstor.org/stable/825933 |
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+In sophisticated systems of private law, the overarching justificatory categories expressive of correlativity are |
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+AND |
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+the same as the reasons that justify the existence of the defendant's duty. |
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+ |
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+QI kills this accountability – two warrants: |
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+ |
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+1 Qualified immunity protects officers from civil suits. |
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+Chen 15 Alan K. Chen is the William M. Beaney Memorial Research Chair and professor of law at the University of Denver Sturm College of Law, where he teaches courses in constitutional law, federal courts, and public interest law. An experienced civil rights litigator and former ACLU staff attorney, Professor Chen continues to do pro bono work in constitutional rights cases. “Qualified Immunity Liming Access to Justice and Impeding Development of the Law” Human Rights Magazine Home 2015 (Vol. 41) Vol. 41, No. 1 - Lurking in the Shadows: the Supreme Court's Quiet Attack on Civil Rights http://www.americanbar.org/publications/human_rights_magazine_home/2015~-~-vol~-~-41-/vol~-~-41~-~-no~-~-1~-~~-~-lurking-in-the-shadows~-~-the-supreme-court-s-qui/qualified-immunity-limiting-access-to-justice-and-impeding-devel.html |
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+Savana sued the school personnel who conducted the search under 42 U.S. |
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+AND |
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+law.” Safford, 557 U.S. at 378–79. |
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+ |
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+2 Qualified immunity makes police accountability impossible. |
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+Chemerinsky 14 Erwin (dean of the School of Law at the University of California, Irvine, is the author of the forthcoming book “The Case Against the Supreme Court.”) “How the Supreme Court Protects Bad Cops” The New York Times August 26th 2014 http://www.nytimes.com/2014/08/27/opinion/how-the-supreme-court-protects-bad-cops.html |
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+When there is not absolute immunity, police officers are still protected by “qualified |
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+AND |
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+how many more riots will it take before the Supreme Court changes course? |
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+ |
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+Even if there are specific cases in which qualified immunity creates just outcomes, the state must first ensure that there are just procedures. |
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+Korsgaard 8 Christine “Taking the Law into Our Own Hands: Kant on the Right to Revolution” The Constitution of Agency: Essays on Practical Reason and Moral Psychology Oxford University Press http://www.klindeman.com/uploads/3/8/2/2/38221431/korsgaard_-_taking_the_law_into_our_own_hands.pdf |
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+This reading, however, does not sit well with the obviously Platonic character of |
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+AND |
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+, and, normatively speaking, we must stand by their actual results. |