Tournament: Harvard Westlake | Round: 5 | Opponent: PV Peninsula NE | Judge: Adam Torson
The standard is consequentialism.
First, the intended-foreseen distinction ought not be applied to questions of the morality of action for two reasons:
The causal structure of action, or the temporal entity that separates intended ends and foreseen ends, is not intrinsically morally relevant. Enoch 1 writes,
Enoch, David (Professor of the Hebrew University at Jerusalem). Intending, Foreseeing, and the State. Legal Theory, Vol. 13, No. 2. 2007. Pgs. 9-10. NN.
“Let us apply this test, then, in order to check whether causal order is morally significant….is that it does not.”
Mental states, such as intention, are key to the evaluation of agents, but have no bearing on the evaluation of action. Enoch 2 summarizes Thomson,
Enoch, David (Professor of the Hebrew University at Jerusalem). Intending, Foreseeing, and the State. Legal Theory, Vol. 13, No. 2. 2007. Pgs. 16-17. NN.
“Think about a…think, the more general conclusion”
If the intended-foreseen distinction is flawed, absolutist theories collapse into consequentialism. Enoch 3,
Enoch, David (Professor of the Hebrew University at Jerusalem). Intending, Foreseeing, and the State. Legal Theory, Vol. 13, No. 2. 2007. Pgs. 43-44. NN.
“In order to see that this is nevertheless…consequentialism is hard to resist67.”
Second, the obligation of the state is to protect citizen interest
This goal is implicit in the very existence of the state Kennan writes,
Kennan, George (Professor Emeritus at the Institute for Advanced Study, Princeton). “Morality and Foreign Policy”. Foreign Affairs, Vol. 64, No. 2. 1985. P. 205-218. NN.
“Second, let us recognize that…acting on the basis of them”
And, our obligation as debaters is to act in a way that mirrors the decision of policy makers. This allows us to engage in policy-making role-playing, which is the most educational part of debate. Shaw writes,
PEDAGOGY IN INTERNATIONAL STUDIES Using Role-Play Scenarios in the IR Classroom: An Examination of Exercises on Peacekeeping Operations and Foreign Policy Decision Making CAROLYN M. SHAW Wichita State University
“The use of role-playing…in our ‘‘national interest.’’
A. Plan Text: The United States Federal Government should amend the constitution so that individuals accused of terrorism ought not be afforded the attorney client privilege in the US criminal justice system. Kearns clarifies,
Kearns, Frank. "LexisNexis® Litigation Essentials - Error." LexisNexis® Litigation Essentials. LexiNexis, 2003. Web. 23 Oct. 2013.
“In response to the terrorist…. acts of terrorism.”
Removing attorney-client privilege for suspected terrorists prevents communication between terrorist organizations. Rice summarizes Ashcroft,
Rice and Saul 02(Paul R. Rice, Professor @ AUWCL and Benjamin Parlin Saul, Is the War on Terrorism a War on Attorney-Client Privilege?, Summer 2002, http://www.americanbar.org/publications/criminal_justice_magazine_home/crimjust_cjmag_17_2_privilege.html)
“Two reasons seem… adjudication of guilt.”
And, restricting the privacy of terrorist inmates attorney-client communications is key to combating terrorism in the post 9/11 world. Ruzenski writes,
Ruzenski 05(Katherine Ruzenski, J.D. Candidate, St. John's University, June 2005, NOTE: BALANCING FUNDAMENTAL CIVIL LIBERTIES AND THE NEED FOR INCREASED HOMELAND SECURITY: THE ATTORNEY-CLIENT PRIVILEGE AFTER SEPTEMBER 11TH)
“The USA Patriot Act… government agents involved.”
And, only truth seeking allows for proper evidentiary analysis and a stronger code of law. Frase,
CESL (China-EU School of Law) “The Search for Truth in the Criminal Process” (2012), citing Richard S. Frase, B.A. Harvard College and J. D. at the University of Chicago in criminal law, The Search for the Whole Truth About American and European Criminal Justice, 3 Buff. Crim. L. Rev. 821 (1999-20)
“According to the aforesaid discussions… process gradually evolved”
The risk of nuclear terrorism is high—can happen by the end of the year. Freilich writes,
Freilich 10 Chuck, The author was a Deputy National Security Adviser in Israel and is now a Senior Fellow at the Harvard Kennedy School, where he has just completed a book on national security decision making processes in Israel. He is also an Adjunct Professor at New York University, Peer Reviewed Lit, the Research Staff Includes: BESA Center Director: Prof. Efraim Inbar Research Associates: Dr. Yaeli Bloch-Elkon, Dr. Zeev Bonen, Prof. Stuart A. Cohen, Dr. Gil Feiler, Prof. Hillel Frisch, Prof. Eytan Gilboa, Eng. Aby Har-Even, Dr. Tsilla Hershco, Prof. Arye L. Hillman, Dr. Mordechai Kedar, Dr. Avi Kober, Mr. Yaakov Lifshitz, Dr. Ze'ev Maghen, Prof. Amikam Nachmani, Dr. Jonathan Rynhold, Maj. Gen. (res.) Emanuel Sakal, Prof. Shmuel Sandler, Dr. Max Singer, Prof. Gerald Steinberg Director of Public Affairs: David Weinberg Program Coordinator: Hava Waxman Koen Publication Editor (English): Rebecca Goldberg Publication Editor (Hebrew): Alona Briner Rozenman, “The Armageddon Scenario: Israel and the Threat of Nuclear Terrorism”, The Begin-Sadat Center for Strategic Studies AND the International Advisory Board, April 2010.
“According to reports… longer be ignored”
And, increased terrorism results in extinction. Spiece
Patrick F. Speice, Jr., JD Candidate at The College of William and Mary, “NEGLIGENCE AND NUCLEAR NONPROLIFERATION: ELIMINATING THE CURRENT LIABILITY BARRIER TO BILATERAL U.S.-RUSSIAN NONPROLIFERATION ASSISTANCE PROGRAMS,” William and Mary Law Review, February 2006, 47 Wm and Mary L. Rev. 1427
"Accordingly, there is a significant...full-scale nuclear conflict. "
Any Nuclear conflict causes extinction. Starr writes,
Starr 2000 – Nuclear Engineer; http://cndyorks.gn.apc.org/news/articles/nwinter.htm
“You would think… destroying the Northern Hemisphere.”
Underview
First, Extinction must matter under any framework. Traditional ethics must be abandoned in the face of extinction in order to ensure that deliberation over the alternatives can continue. Bostrom,
Nick Bostrom ‘11, “The Concept of Existential Risk”, 2011, Future of Humanity Institute, Oxford Martin School and Faculty of Philosophy http://www.existential-risk.org/concept.html
“These reflections on moral… possible, improved”
Second, aff gets RVI
1) time skew
2) Reciprocity
Third, Parametrics Good
a. Stable Advocacy
b. Real World Education
c. Argument Quality