Tournament: Harvard Westlake | Round: 1 | Opponent: IDK | Judge: IDK
NC – Badiou Kritik

Contention 1: The affirmative trivializes ethics by seeing them as undisputable standards.

A. The Affirmative framework distorts Ethics – Two links

1. Rhetoric Links - Their Value Criteria represent an Ethical Choice as a Moral obligation – the rhetoric of moral obligations divorces ethics from specific situations – the affirmative attempt to tie morality to universal “truths” is only a simulation of ethics. 

Alain Badiou, 2001, Chair of Philosophy: École Normale Supérieure University Ph.D: Rene Descartes Chair at EGS, “Ethics: an Essay on the Understanding of Evil” pp 5-6

What allows a genuine event to … against these forms of inertia.

2. Resolutional Links - Truth Seeking in the Adversarial system univeralizes “Truth,” and it doesn’t account for complexity or different perspectives. Criticizing the criminal justice system and its epistemology of Truth is key to recognizing alternatives

Menkel-Meadow 1996 – Professor of Law, Georgetown Carrie William and Mary Law Review Volume 38 | Issue 1 Article 3 The Trouble with the Adversary System in a Postmodern, Multicultural World http://scholarship.law.wm.edu/wmlr/vol38/iss1/3

I. INTRODUCTION In this Essay I … disputes, differences, misunderstandings, and wrongdoings.

Contention 2: Implications

The affirmative reliance on universal morality paves the way for fascism and the wholesale liquidation of those deemed “undignified” or a threat to happiness

Badiou 01 Alain, Ethics: An Essay on the Understanding of Evil.  Trans: P. Hallward.  New York: Verso.  p.35-37

The word euthanasia  poses the … complicit barrier of ethical commissions.

Attempts to intervene against Wrong inevitably collapse, reproducing the very systems of domination and imperialism that they are meant to address

Badiou 01 Alain, Ethics: An Essay on the Understanding of Evil.  Trans: P. Hallward.  New York: Verso.  p. 13-4

In the second place, because … forbid him humanity as such.

The discourse of Ethics as a universal imperative undermines the protection of the poor – it reinforces the role of the victim and undermines a discussion of political solutions. 

Brown, 04 (Nicholas, University of Illinois at Chicago, Or, Alain Badiou and Slavoj Žižek, Waiting for Something to Happen, CR: The New Centennial Review 4.3 (2004) 289-319). 

Ethics—cogently translated by Peter … would begin from the good.

Contention 3 is the Alternative

A. The alternative is the Ethics of Truth proposed by Badiou. This says that Ethics are determined by remaining true to ones’ values is each situation, not by making an absolutist moral claim.  

Peter Hallward, 2001, PhD, Professor of Modern European Philosophy at Middlesex University , Editor of the journal Radical Philosophy,  Contributing Editor to Angelaki: Journal of the Theoretical Humanities . “Ethics: an Essay on the Understanding of Evil”

In the meantime, Badiou's incisive … value to an individual being.

The Alternative is important to the thought process behind policy.

Huddleston, 2009, social sciences Honor Thesis at Univ Penn. (T. Andrew Towards A Politics of Truths: The Political Theory of Alain Badiou, CUREJ - College Undergraduate Research Electronic Journal  http://www.google.com/url?sa=tandrct=jandq=andesrc=sandsource=webandcd=1andved=0CCkQFjAAandurl=http3A2F2Frepository.upenn.edu2Fcgi2Fviewcontent.cgi3Farticle3D112326context3Dcurejandei=K9tzUt6CEejQyAH4u4GoBQandusg=AFQjCNHPeqzArIhEMbO_VMFpWjR19D7xEAandsig2=dtJgs8k2QSvTXo1JvWpaKgandbvm=bv.55819444,d.aWc)

What is this argument? … significant in political thought. 

C.  The role of the Judge is to make an Ethical Choice - The Ethical choice is to reject the Affirmative for their arguments. The affirmative moral framework violates the Ethics of Truth – the resolution recognizes Capital T Truth as the moral goal of the criminal justice system. This denies that ethics must be rooted in situational decisions, it makes a claim of sameness that destroys difference, as it universalizes Truth. 

Peter Hallward, 2001, PhD, Professor of Modern European Philosophy at Middlesex University , Editor of the journal Radical Philosophy,  Contributing Editor to Angelaki: Journal of the Theoretical Humanities . “Ethics: an Essay on the Understanding of Evil”

Building on these foundations - a topological … -philosophical side of the divide.

Tournament: Harvard Westlake | Round: 1 | Opponent: IDK | Judge: IDK
Constitutionality NC

My value is liberty - We should focus on individual rights because they are composed of  our rationality and our ability to choose which defines our freedom.

Fried 2005 Beneficial Professor of Law, Harvard University Charles Fried, 2005; Associate Justice, Supreme Judicial Court of Massachusetts; Solicitor General of the United States The Nature and Importance of Liberty, http://www.law.harvard.edu/students/orgs/jlpp/Vol29_No1_Fried.pdf 

What is liberty, and why … to enlist in that campaign.

My criteria is upholding rights through the rule of law – our rights are protected by The Constitution, so upholding the constitution is the best way to promote individual rights.

Galston 1999 Expressive Liberty, Moral Pluralism, and Political Pluralism: Three Sources of Liberal Theory William and Mary Law Review 

We  are  familiar  with  the … legitimate  individual and associational  practices.

Contention 1: The Affirmative violates the Constitution

Truth Seeking violates the 6th Amendment right to effective counsel because it denies privilege

Dashjian 1982 Michael SOURCE? Law Review People v. Meredith: The Attorney-Client Privilege and the Criminal Defendant's Constitutional Rights URL or LEXIS/JSTOR     

While the attorney-client privilege … client's confidences to the prosecution.' 

Attorney client privilege is key to the justice system because it enables the attorney to do the best job possible – without the privilege, the attorney won’t be effective

Forte, 2003 – Managing Partner at Smith, Gambrell, and Russell, LLP What the Attorney-Client Privilege Really Means Trust the Leaders  Issue 5 / Fall 2003  http://www.sgrlaw.com/resources/trust_the_leaders/leaders_issues/ttl5/916/

As the privilege has evolved, … the efficient administration of justice."6

Attorney-client privilege is necessary because it allows a lawyer to properly prepare and is more likely to allow discussion of all the facts of the event. 

Hazard 1978 – Professor of Law, Yale University California Law Review Vol. 66, No. 5, Sep 1978: An Historical Perspective on the Attorney-Client Privilege JSTOR

The attorney-client privilege may … -client privilege has its victims. 

Privilege ensures clients representation. Without effective representation, it would be difficult to achieve justice.

Glynn, 2002 -Law Professor, Seton Hall Thomas P. "Federalizing Privilege", 52 Am. U.L. Rev. 59, p. 70 LEXIS

In addition to serving the … our modern, complex regulatory regime.

The protection of constitutional right to counsel trumps truth-seeking – the judge is required to uphold the constitution.

Dashjian 1982  Michael SOURCE? Law Review People v. Meredith: The Attorney-Client Privilege and the Criminal Defendant's Constitutional Rights URL or LEXIS/JSTOR     

The state’s interest in truth-… individual constitutional rights underlying it 

Attorney-Client Privilege turns truth seeking because it encourages communication between the people and their attorneys and makes the attorney more apt to discover the truth. 

Rice 1998 - Professor of Law, American University Paul R., Washington College of Law, Attorney-Client Privilege: The Eroding Concept of Confidentiality Should be Abolished, Duke Law Review Vol. 47 No. 5 pp. 857-858 http://www.google.com/url?sa=tandrct=jandq=andesrc=sandsource=webandcd=1andved=0CC4QFjAAandurl=http3A2F2Fscholarship.law.duke.edu2Fcgi2Fviewcontent.cgi3Farticle3D102626context3Ddljandei=pO9vUoruKs3YyAHu3YC4BAandusg=AFQjCNHO9J_xLcxO_p3amsXZIPHkOxeJOAandsig2=YfphohJfUvZLdv1LLLSOfwandbvm=bv.55123115,d.aWc

The attorney-client privilege, as … loyal to their client’s interests.

Attorney client candor ensures fairness in “transactions” which increases respect for the constitution.

Glynn, 2002 -Law Professor, Seton Hall Thomas P. "Federalizing Privilege", 52 Am. U.L. Rev. 59, p. 70 LEXIS

In addition, greater client candor … underlying aims of the law.