Dulles Zhang Neg
| Tournament | Round | Opponent | Judge | Cites | Round Report | Open Source | Edit/Delete |
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| Colleyville | 1 | Westwood AD | Long phil |
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| University of Houston Cougar Classic | 2 | Tess Welch | Rebbeca Gelfer |
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| all | 1 | all | all |
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| colley | 3 | Lake travis TW | Boyd |
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Contact infoTournament: all | Round: 1 | Opponent: all | Judge: all | 2/3/17 |
Jan Feb Kant NCTournament: University of Houston Cougar Classic | Round: 2 | Opponent: Tess Welch | Judge: Rebbeca Gelfer Moral obligations have to be universal and undeniable. In order for these obligations to exist functionally, the authority behind them can’t be subverted or avoided. In order for this to be true, their authority must be derived by virtue of their existence A duty, to begin with, is a practical requirement—a requirement to do something or not to do something. But there are many practical requirements that aren't duties. If you want to read Kant in the original, you have to learn German: there's a practical requirement. Federal law requires you to make yourself available to serve on a jury: there's another practical requirement. But these two requirements have features that clearly distinguish them from moral obligations or duties. The first requires you to learn German only if you want to read Kant in the original. This requirement is consequently escapable: you can gain exemption from it by giving up the relevant desire. Give up wanting to read Kant in the original and you can forget about this requirement, since it will no longer apply to you. The second requirement is also escapable, but it doesn't point to an escape hatch so clearly, since it doesn't contain an "if" clause stating a condition by which its application is limited. Nevertheless, its force as a requirement depends on the authority of a particular body—namely, the U.S. Government. Only if you are subject to the authority of the U.S. Government does this requirement apply to you. Hence you can escape the force of this requirement by escaping the authority of the Government: immunity to the authority of the body entails immunity to its requirements. Now, Kant claimed—plausibly, I think—that our moral duties are inescapable in both of these senses. If we are morally obligated to do something, then we are obligated to do it no matter what our desires, interests, or aims may be. We cannot escape the force of the obligation by giving up some particular desires, interests, or aims. Nor can we escape the force of an obligation by escaping from the jurisdiction of some authority such as the Government. Kant expressed the inescapability of our duties by calling them categorical as opposed to hypothetical. According to Kant, the force of moral requirements does not even depend on the authority of God. There is a simple argument for denying this dependence. If we were subject to moral requirements because they were imposed on us by God, the reason would have to be that we are subject to a requirement to do what God requires of us; and the force of this latter requirement, of obedience to God, could not itself depend on God's authority. (To require obedience to God on the grounds that God requires it would be viciously circular.) The requirement to obey God's requirements would therefore have to constitute a fundamental duty, on which all other duties depended; and so God's authority would not account for the force of our duties, after all. Since this argument will apply to any figure or body conceived as issuing requirements, we can conclude that the force of moral requirements must not depend on the authority of any figure or body by which they are conceived to have been issued.
You cannot universally will a violation of freedom as a maxim because doing so presupposes that you had freedom to bring about that the violation in the first place. This entails an Omnilateral will or a higher authority to deal with rights conflicts. Thus the standard is consistency with the omnilateral will Contention 1 is hate speech Hate speech is protected by the First amendment, And Federal Courts have continued to support this interpretation Defamation attempts inherent in hate speech and racist statements are logically inconsistent with the conception of equal freedoms under the omnilateral will What about defamation, how does it involve coercion? Attempts at defamation also constitute attempts non-consensually to deprive others of what is theirs, namely their good reputations as determined by their actions. Corresponding to a person’s innate right to freedom, Kant argues, is that person’s duty to “Be an honourable human being… Rightful honour… consists in asserting one’s worth as a human being in relation to others” (6: 236). To defend one’s rightful honor is to defend one’s right to be recognized by others solely by the deeds one has performed. Indeed, one’s reputation, Kant explains, “is an innate external belonging” (6: 295); it can originally belong only to the person whose deeds are in question. If others spread falsehoods about the life she has lived, then she has the right and duty to challenge their lies publicly, for her reputation belongs only to her and to no one else. A person’s reputation is not a means subject to other people’s choice; it is not a means others have a right to manipulate in order to pursue their own ends. To permit this, Kant argues, would be to permit others to use your person as their own means, or to “make yourself a mere means for others” rather than also being “at the same time an end for them” (6: 236). Let me say briefly how this account of rightful honor analyzes cases like Holocaust-denial. Part of what makes denying the Holocaust different from other types of defamation is that it involves people who are no longer alive. On the Kantian approach I am advancing, one’s reputation is seen as intimately connected with how one has interacted normatively with others (6: 291). To interact normatively is to be capable of normativity or capable of interacting qua ‘noumena’, as Kant says, and not merely ‘qua phenomena’ or as embodied beings governed by laws of nature. It is qua noumena that we are capable of deeds or of having actions imputed to us. And it is qua noumena that we can still be defamed long after we are dead.3 Because right tracks normative relations, that one is no longer alive is beside the point. What is more, anyone – “relatives or strangers” – can challenge the lies told by another on behalf of the dead. Indeed, the one challenging the defamation does so in virtue of her own duty to ensure the conditions under which we can have rightful honor (6: 295). The reason is that those who spread such lies do not only express an unwillingness to respect those they defame in particular, but also they display a general unwillingness to interact in a way compatible with the rightful honor of everyone. The absence of defamation is necessary for public opinion to be reconcilable with each person’s right to freedom and the corresponding duty to be an honorable being. By defaming the dead, a person aims to falsify the public opinion, upon which everyone is dependent for rightful honor. Consequently, every member of the public has a right to challenge such lies on behalf of the dead. Contention 2 is Seditious Speech Second, the AFF allows for seditious speech, which delegitimizes the omnilateral will. | 1/6/17 |
Kant nc v2Tournament: Colleyville | Round: 1 | Opponent: Westwood AD | Judge: Long phil The ability to will your actions necessarily requires a right to property Whereas most criticisms are aimed at the formulation of universal law and the formula of autonomy, our analysis here will focus on the formula of an end in itself and the formula of the kingdom of ends, since we have already addressed the problem of universality. The latter will be discussed first. At issue here is what Kant means by “kingdom of ends.” Kant writes: “By ‘kingdom’ I understand a systematic union of different rational beings through common laws.”32 The above passage indicates that Kant recognizes different, perhaps different kinds, of rational beings; however, the problem for most critics of Kant lies in the assumption that Kant suggests that the “kingdom of ends” requires that we abstract from personal differences and content of private ends. The Kantian conception of rational beings requires such an abstraction. Some feminists and philosophers of race have found this abstract notion of rational beings problematic because they take it to mean that rationality is necessarily white, male, and European.33 Hence, the systematic union of rational beings can mean only the systematic union of white, European males. I find this interpretation of Kant’s moral theory quite puzzling. Surely another interpretation is available. That is, the implication that in Kant’s philosophy, rationality can only apply to white, European males does not seem to be the only alternative. The problem seems to lie in the requirement of abstraction. There are two ways of looking at the abstraction requirement that I think are faithful to Kant’s text and that overcome the criticisms of this requirement. First, the abstraction requirement may be best understood as a demand for intersubjectivity or recognition. Second, it may be understood as an attempt to avoid ethical egoism in determining maxims for our actions. It is unfortunate that Kant never worked out a theory of intersubjectivity, as did his successors Fichte and Hegel. However, this is not to say that there is not in Kant’s philosophy a tacit theory of intersubjectivity or recognition. The abstraction requirement simply demands that in the midst of our concrete differences we recognize ourselves in the other and the other in ourselves. That is, we recognize in others the humanity that we have in common. Recognition of our common humanity is at the same time recognition of rationality in the other. We recognize in the other the capacity for self-determination and the capacity to legislate for a kingdom of ends. This brings us to the second interpretation of the abstraction requirement. To avoid ethical egoism one must abstract from (think beyond) one’s own personal interest and subjective maxims. That is, the categorical imperative requires that I recognize that I am a member of the realm of rational beings. Hence, I organize my maxims in consideration of other rational beings. Under such a principle other people cannot be treated merely as a means for my end but must be treated as ends in themselves. The merit of the categorical imperative for a philosophy of race is that it contravenes racist ideology to the extent that racist ideology is based on the use of persons of a different race as a means to an end rather than as ends in themselves. Embedded in the formulation of an end in itself and the formula of the kingdom of ends is the recognition of the common hope for humanity. That is, maxims ought to be chosen on the basis of an ideal, a hope for the amelioration of humanity. This ideal or ethical commonwealth (as Kant calls it in the Religion) is the kingdom of ends.34 Although the merits of Kant’s moral theory may be recognizable at this point, we are still in a bit of a bind. It still seems problematic that the moral theory of a racist is essentially an antiracist theory. Further, what shall we do with Henry Louis Gates’s suggestion that we use the Observations on the Feeling of the Beautiful and Sublime to deconstruct the Grounding? What I have tried to suggest is that instead of abandoning the categorical imperative we should attempt to deepen our understanding of it and its place in Kant’s critical philosophy. A deeper reading of the Grounding and Kant’s philosophy in general may produce the deconstruction35 suggested by Gates. However, a text is not necessarily deconstructed by reading it against another. Texts often deconstruct themselves if read properly. To be sure, the best way to understand a text is to read it in context. Hence, if the Grounding is read within the context of the critical philosophy, the tools for a deconstruction of the text are provided by its context and the tensions within the text. Gates is right to suggest that the Grounding must be deconstructed. However, this deconstruction requires much more than reading the Observations on the Feeling of the Beautiful and Sublime against the Grounding. It requires a complete engagement with the critical philosophy. Such an engagement discloses some of Kant’s very significant claims about humanity and the practical role of reason. With this disclosure, deconstruction of the Grounding can begin. What deconstruction will reveal is not necessarily the inconsistency of Kant’s moral philosophy or the racist or sexist nature of the categorical imperative, but rather, it will disclose the disunity between Kant’s theory and his own feelings about blacks and women. Although the theory is consistent and emancipatory and should apply to all persons, Kant the man has his own personal and moral problems. Although Kant’s attitude toward people of African descent was deplorable, it would be equally deplorable to reject the categorical imperative without first exploring its emancipatory potential. C1 Hate speech Hate speech is protected by the First amendment, And Federal Courts have continued to support this interpretation Hate speech is inconsistent with a system of outer freedoms, banning it promotes more equal freedom Next independent reason-Defamation attempts are logically inconsistent with the conception of equal freedoms under the omnilateral will What about defamation, how does it involve coercion? Attempts at defamation also constitute attempts non-consensually to deprive others of what is theirs, namely their good reputations as determined by their actions. Corresponding to a person’s innate right to freedom, Kant argues, is that person’s duty to “Be an honourable human being… Rightful honour… consists in asserting one’s worth as a human being in relation to others” (6: 236). To defend one’s rightful honor is to defend one’s right to be recognized by others solely by the deeds one has performed. Indeed, one’s reputation, Kant explains, “is an innate external belonging” (6: 295); it can originally belong only to the person whose deeds are in question. If others spread falsehoods about the life she has lived, then she has the right and duty to challenge their lies publicly, for her reputation belongs only to her and to no one else. A person’s reputation is not a means subject to other people’s choice; it is not a means others have a right to manipulate in order to pursue their own ends. To permit this, Kant argues, would be to permit others to use your person as their own means, or to “make yourself a mere means for others” rather than also being “at the same time an end for them” (6: 236). Let me say briefly how this account of rightful honor analyzes cases like Holocaust-denial. Part of what makes denying the Holocaust different from other types of defamation is that it involves people who are no longer alive. On the Kantian approach I am advancing, one’s reputation is seen as intimately connected with how one has interacted normatively with others (6: 291). To interact normatively is to be capable of normativity or capable of interacting qua ‘noumena’, as Kant says, and not merely ‘qua phenomena’ or as embodied beings governed by laws of nature. It is qua noumena that we are capable of deeds or of having actions imputed to us. And it is qua noumena that we can still be defamed long after we are dead.3 Because right tracks normative relations, that one is no longer alive is beside the point. What is more, anyone – “relatives or strangers” – can challenge the lies told by another on behalf of the dead. Indeed, the one challenging the defamation does so in virtue of her own duty to ensure the conditions under which we can have rightful honor (6: 295). The reason is that those who spread such lies do not only express an unwillingness to respect those they defame in particular, but also they display a general unwillingness to interact in a way compatible with the rightful honor of everyone. The absence of defamation is necessary for public opinion to be reconcilable with each person’s right to freedom and the corresponding duty to be an honorable being. By defaming the dead, a person aims to falsify the public opinion, upon which everyone is dependent for rightful honor. Consequently, every member of the public has a right to challenge such lies on behalf of the dead. Second, the AFF allows for seditious speech, which entails the ability to will the destruction the omnilateral will which is inconsistent with the existence of freedom. Justia n.d. Justia, "Seditious Speech and Seditious Libel", http://law.justia.com/constitution/us/amendment-01/41-seditious-speech.html~ AG | 2/4/17 |
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