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+====First, ideal moral theories can't guide action because they don't account for oppression or injustice that occurs in the real world. ==== |
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+Mills writes ~~C. W. (2009), Rawls on Race/Race in Rawls. The Southern Journal of Philosophy. Charles W. Mills is John Evans Professor of Moral and Intellectual Philosophy at Northwestern University~~ |
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+Now how can this ideal ideal—a society not merely without a past history |
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+AND |
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+to have been of much help when and if it ever did arrive. |
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+ |
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+ |
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+====And, attempting to reach ethical conclusions from the standpoint of the oppressor results in ethics that exclude oppressed groups and serve to justify that actions of the oppressors. Starting with the oppressed is only way we can legitimize our actions, or else we will never know if we are reinforcing oppression. ==== |
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+Kellner writes ~~Douglas Kellner is the George Kneller Chair in the Philosophy of Education in the Graduate School of Education and Information Studies at the University of California, Los Angeles. "Critical Theory, Poststructuralism, and the Philosophy of Liberation" Undated~~ |
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+"This passage strikes me as providing a useful opening to discuss the relationship between |
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+AND |
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+subjectivity itself as an imperialist attempt of the subject to dominate the world." |
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+ |
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+ |
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+==== The debate space is a representation of the Master and Mousetraps that must be discursively broken down via analysis and criticism, therefor==== |
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+ |
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+ |
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+====The ROTB is to endorse the debater who offers the best methodology to critically deconstruct and challenge hegemonic knowledge production ==== |
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+**Hyndman 2004** (Jennifer, Professor in the Departments of Social Science and Geography, and is Associate Director, Research in the Centre for Refugee Studies at York, "Mind the gap: bridging feminist and political geography through geopolitics", Political Geography, Volume 23, Issue 3, Science Direct, HC) |
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+Like advocates of critical geopolitics, scholars of transnational feminist theory and postcolonial feminism have |
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+AND |
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+from which to analyze visceral conceptions of violence, security, and mobility. |
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+ |
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+ |
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+====Challenging status quo epistemology is a prerequisite for any governmental action—means even if the aff is a good idea, their methodology damns it because their vantage is from oppressor==== |
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+**MacKinnon '83** (Catherine A. is an American radical feminist, scholar, lawyer, teacher and activist from Yale University) "Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence" Vol. 8 No. 4 1983. The University of Chicago Press http://www.feministes-radicales.org/wp-content/uploads/2012/03/Catharine-MacKinnon-Feminism-Marxism-Method-and-the-State-toward-feminist-jurisprudence-Copie.pdf //AG |
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+·Law from the male point of view combines coercion with authority, policing society |
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+AND |
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+no longer inevitable. When it loses its ground it loosens its grip. |
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+ |
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+ |
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+=Fem AF= |
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+ |
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+ |
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+====The aff's advocacy is inherently male—by their engagement in reformist politics they construct a "change" in the system that still functions under the patriarchal structures and does nothing but relegitimize laws that are disempowering to feminine bodies. ==== |
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+**MacKinnon 1** (Catherine A. is an American radical feminist, scholar, lawyer, teacher and activist from Yale University) "Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence" Vol. 8 No. 4 1983. The University of Chicago Press http://www.feministes-radicales.org/wp-content/uploads/2012/03/Catharine-MacKinnon-Feminism-Marxism-Method-and-the-State-toward-feminist-jurisprudence-Copie.pdf //AG |
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+A · jurisprudence is a theory of the relation between life ; and law. |
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+AND |
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+the support of positive law, nothing constitutional can be done about it. |
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+ |
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+ |
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+====The affirmative supports the masculine rule of law, which normalizes violence and makes it impossible to fight==== |
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+Francis and Smith 2k15 (Francis, Leslie and Smith, Patricia, "Feminist Philosophy of Law", The Stanford Encyclopedia of Philosophy (Summer 2015 Edition), Edward N. Zalta (ed.),) URL = http://plato.stanford.edu/archives/sum2015/entries/feminism-law/. ///AG |
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+Many standard accounts of the nature of law hold that law presumes and reflects a |
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+AND |
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+(MacKinnon 2006, 1989; Smith 2005, 1993; Olsen 1983). |
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+ |
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+ |
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+====Any instance of qualified immunity disrupts rule of law==== |
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+**Spader** (Graduate from Schoolo Marquette University, specializing in legal studies) "Immunity v. Liability and the Clash of Fundamental Values: Ancient Mysteries Crying out for Understanding" Chicago-Kent Law Review, Volume 61 Issue 1 Article 3, January 1985 http://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=2560andcontext=cklawreview //AG |
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+**I do not condone the use of "man" as reference to individuals |
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+AND |
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+more of the decisions of government officers by more rule of law.43 |
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+ |
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+ |
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+====Specifically, society creates the hypermasculine officer who functions as a tool of subordination means banning qualified immunity doesn't make police any more accountable==== |
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+**Gale 2001** (Mary Ellen is an elected member of the ACLU National Board of Directors since 1987 and the ACLU of Southern California Board of Directors since 1976, served on the ACLU National Executive Committee for sixteen. Her scholarship centers on constitutional law and democratic governance, civil liberties, civil rights, economic justice, women's right and feminist legal theory) "Calling in the Girl Scouts: Feminist Legal Theory and Police Misconduct" Loyola Marymount University and Loyola Law School 1/1/2001 http://digitalcommons.lmu.edu/cgi/viewcontent.cgi?article=2266andcontext=llr ///AG |
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+Studies of the police culture that perpetuates the paramilitary mythology of police work show that |
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+AND |
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+enemy and it is us-or at least some of us. 36 |
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+ |
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+ |
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+====The first impact is a hegemonic state that continually reproduces structural violence as a "natural" occurrence==== |
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+**Repo 06** ~~Jemima repo, University of Helsinki Department of Political Science World Politics Master's Thesis; "GENDERING THE MILITARISATION OF THE WAR ON TERRORISM: Discourses and Representations of Masculinities and Femininities" September 2006 http://ethesis.helsinki.fi/julkaisut/val/yleis/pg/repo/genderin.pdf~~ |
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+Feminist theory identifies international politics from its realist roots essentially as a masculine- |
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+AND |
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+stand in the sidelines of battle as reminders of national cause and virtue. |
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+ |
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+ |
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+====Masculine lenses make extinction inevitable ==== |
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+ |
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+**Clark 4**—French Cumbie Professor of Conflict Resolution at George Mason University (Mary E, Rhetoric, Patriarchy and War: Explaining the Dangers of "Leadership" in Mass Culture, Women and Language. Urbana: Fall 2004. Vol. 27, Iss. 2; pg. 21, 8 pgs, ProQuest, AMiles) |
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+ |
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+Today's Western patriarchal ….new patterns of intersocietal interaction. |
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+ |
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+ |
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+====Therefor, the alternative is to embrace feminist jurisprudence as a radical deconstruction of hypermasculine law and knowledge AND as a practical fight against the masculine as a liberation strategy.==== |
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+ |
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+ |
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+====Feminist jurisprudence is a practical coupling of theory and lived experience that uproots the structure of oppression which is uniquely key.==== |
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+**Pruit 1** (Lisa R. received her Ph.D in Law at the University of London and focuses on cultural differences and the intersection of law) "A Survey of Feminist Jurisprudence Volume 16, Issue 2, Article 1 University of Arkansas at Little Rock Law Review 1994 http://lawrepository.ualr.edu/cgi/viewcontent.cgi?article=1768andcontext=lawreview // AG |
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+In spite of that early rejection of the project's "packaging" and imperative, |
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+AND |
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+inquiry and decision-making, and legal "ways of knowing."' |
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+ |
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+ |
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+====The negative embraces an urgent feminism intent on reclaiming the lived experiences of womxn that cannot be defined universally ==== |
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+**MacKinnon 2** (Catherine A. is an American radical feminist, scholar, lawyer, teacher and activist from Yale University) "Feminism, Marxism, Method, and the State: Toward Feminist Jurisprudence" Vol. 8 No. 4 1983. The University of Chicago Press http://www.feministes-radicales.org/wp-content/uploads/2012/03/Catharine-MacKinnon-Feminism-Marxism-Method-and-the-State-toward-feminist-jurisprudence-Copie.pdf //AG |
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+The practice of a politics of all women in the face of its theoretical impossibility |
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+AND |
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+it not very Archimedean. If feminism is revolutionary, this is why. |
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+ |
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+ |
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+====The alternative is a reclamation of feminine voices as a way to overturn the legal system—it is hearing the rape survivor, listening to the battered womxn, and rejecting the hypermasculization of society and it's laws. ==== |
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+ |
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+ |
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+====Disengaging from the legal system creates a dialogue that begins to deconstruct the hypermasculinzized culture that prides violence against feminine bodies.==== |
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+**Gruber 9** (Aya is a Professor of Law from the University of Iowa) "Rape, Feminism, And the War on Crime" Washington Law Review Association 2009 https://digital.law.washington.edu/dspace-law/bitstream/handle/1773.1/175/Gruber_Author20Copy.pdf?sequence=1 //AG |
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+Nevertheless, the possibilities for feminist exploration outside criminal law appear extensive and exciting. |
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+AND |
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+them as people, not just seek to incarcerate them as criminals.432 |
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+ |
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+ |
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+====Male viewpoints are systemically privileged—the negative's discourse is a liberation strategy means A) discursive critique of the masculine lens is a good place to start regardless of solvency and B) solvency can ONLY be coupled with the negs discourse==== |
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+**Patterson 92** (Dennis is a Board of Governors Professor and specializes in commercial law, trade law, and legal philosophy) "Postmodernism/Feminism/Law" Cornell Law Review Volume 77, Issue 2 January 1992 http://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=3514andcontext=clr //AG |
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+Are women different from men? This seemingly simple question is immediately rendered problematic by |
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+AND |
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+men. Is implies (or could be made to imply) ought. |