Tournament: Glenbrooks | Round: 2 | Opponent: Bettendorf | Judge: Henry Wu
I value morality.
- Practical reason is true. Rodl :
Rodl Sebastian. Self-Consciousness, Harvard University Press, 2000
"Calculation from desire... authority of reasons."
Any valid practical judgment must be true of every practical agent and for every agent— Reason logically remains true when applied in two similar circumstances.
This gives us a system of equal freedom.
Ripstein Arthur. Force and Freedom: Kant’s Legal and Political Philosophy. Harvard University Press. 2009.
These difficulties for... adjudication under law.
VC: maintaining the omnilateral will.
Neuhouser, Frederick. Introuction to Foundations of Natural Right by Johann Fitche, 2000
"The deduction's second... other rational beings."
Contention 1 = Tort Law
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."
Plaintiffs should be able to sue.
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... prior statement of law.” Safford, 557 U.S. at 378–79.
Contention 2 = Accountability
Accountability is key to ensuring omnilateral will.
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."
QI solves this with police accountability.
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?"
It's about procedures, not outcomes.
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."
