Tournament: Glenbrooks | Round: 1 | Opponent: someone | Judge: someone
Argumentation requires communicative reason giving with universal conclusions—this is essential to meaning and action.
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 JW
What is the ... on that below.
Actions causally contain the freedom to pursue a given end.
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 JW
Kant holds that ... the end itself.
Moreover, agents cannot reject their personality and ability to be free—ethics is only coherent when humanity is respected.
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 NP 8/2/16
A human being ... free from blame.
Rights are only provisional in the state of nature. Respect for freedom requires we enter into a political system that can distribute property.
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 JW
Kant also believes ... a civil society. (MPJ 6:256)
Thus, the standard is consistency with the mandates of the omnilateral will.
The constitutive nature of agency makes critiquing my framework impossible.
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 JW
In order to ... critic to stand.
But, attempts to transcend the human condition make critique useless.
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 JW
Now if one ... the first place.17
Tort law is key to equal freedom.
Ripstein 4 Arthur “Tort, The Division of Responsibility and the Law of Tort” Fordham Law Review Vol. 72 Issue 5 Article 21
This brings us ... of the good.
In any legal system of rights, plaintiffs must be allowed to sue defendants.
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
In sophisticated systems ... the defendant's duty.
Qualified immunity protects officials from civil suits.
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 JW
Savana sued the ... statement of law.” Safford, 557 U.S. at 378–79.
Violations of equal freedom necessitate punishment and accountability for the wrongdoer.
Ripstein 6 Arthur Ripstein (Professor of Law and Philosophy, University of Toronto) “Private Order and Public Justice: Kant and Rawls” U Toronto, Legal Studies Research Paper No. 894431 Virginia Law Review, Vol. 92, No. 7, 2006 April 4th 2006 http://www.law.utoronto.ca/documents/Ripstein/privateorder_publicjustice.pdf JW
Normatively, the law ... sealing it off.
Qualified immunity makes police accountability impossible. If you kill someone, there should be ramifications.
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 JW
When there is ... Court changes course?
Even if there are specific cases in which qualified immunity creates just outcomes, the state must first ensure that there are just procedures.
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 JW
This reading, however ... their actual results.