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+====I affirm, resolved: A just government ought to recognize an unconditional right of workers to strike.==== |
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+==Framework== |
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+====Ethics must begin from freedom:==== |
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+====~~1~~ Principle of generic consistency – any action requires agents to be free to take action.==== |
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+**Gewirth 84** Alan Gewirth, Professor of Philosophy at the University of Chicago, "Ontological Basis of Natural Law: A Critique and an Alternative," 1 June 1984, Oxford Academic, accessed 3 November 2021, pg. 118-119, https://academic.oup.com/ajj/article-abstract/29/1/95/158101?redirectedFrom=fulltext brackets for gender |
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+Let me briefly sketch the main line of argument that leads to this conclusion. |
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+AND |
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+consistency with the material consideration of the generic features and rights of action. |
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+ |
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+ |
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+====~~2~~ Agency is a precondition because ethics require people to be the cause of their action; we would not assign moral responsibility if the ability to act is compromised.==== |
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+ |
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+ |
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+====~~3~~ Is-ought gap – ethics are derived from reason because experience only tells us about what is, not what ought to be – you can't derive prescriptive moral obligation from observation. ==== |
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+ |
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+ |
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+====Next, there are two models of freedom. Non-interference asserts that freedom is violated if an agent restricts another's actions, whereas non-domination asserts that freedom is violated if an agent has the unequal power to restrict another's actions.==== |
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+ |
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+ |
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+====Prefer non-domination:==== |
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+====~~1~~ Non-interference allows for underlying coercion because agents condition themselves to appeal to their dominator.==== |
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+**Lovett 06** Frank Lovett, Professor of Philosophy and Political Science at Washington University, "Republicanism," 19 June 2006, Stanford Encyclopedia of Philosophy, accessed 26 October 2021, https://plato.stanford.edu/entries/republicanism/~~#ClaRepLib ~~ST~~ brackets for gender |
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+Even if we are willing to accept this conclusion, the non-interference view |
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+AND |
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+not its mere incidents—that I hated" (1855, 161). |
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+ |
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+ |
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+====~~2~~ Only non-domination can explain freedom as a power structure instead of a contingent outcome. ==== |
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+**Pettit 05** Phillip Pettit, Professor of Politics and Human Values at Princeton University "The Domination Complaint," 2005, Nomos, Vol. 46, POLITICAL EXCLUSION AND DOMINATION, accessed 3 November 2021, pg. 110-111, https://www.jstor.org/stable/24220143 recut ~~ST~~ |
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+The second point to make in underscoring the tie to community is that if people |
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+AND |
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+by those measures, being present just as soon as they are present. |
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+ |
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+====Thus, the standard is consistency with freedom as non-domination.==== |
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+ |
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+====Prefer additionally:==== |
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+ |
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+====~~1~~ Actor specificity – individuals exist in communities, and communal governance always involves freedom restrictions, meaning only non-domination can weigh and be used by state actors.==== |
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+ |
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+ |
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+====~~2~~ Performativity – a) freedom is key to argumentation. Abiding by their ethical theory presupposes we own ourselves, making it incoherent to justify a standard without willing ours. b) Debate as an institution is how we interact as a community, and ensuring the community is free of domination ensures everyone's voices are heard and is a prereq to debate. c) Moral conversation concedes the validity of universal moral respect.==== |
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+**Benhabib 94** Seyla Benhabib, Professor of Political Science and Philosophy at Yale University and Adjunct Professor of Law at Columbia Law School, "In Defense of Universalism. Yet Again! A Response to Critics of Situating the Self," Spring-Summer 1994, New German Critique, accessed 4 November 2021, pg. 174-175, https://cpb-us-w2.wpmucdn.com/campuspress.yale.edu/dist/3/949/files/2016/05/In-Defense-of-Universalism.-A-Response-to-Critics-of-Situating-the-Self-24d671a.pdf |
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+If reason is the contingent achievement of linguistically socialized creatures, then the moral point |
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+AND |
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+the ideals of equality and the formation of prejudice towards "others."6 |
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+ |
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+ |
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+====~~3~~ Resource disparities – focus on evidence puts small school debaters without huge files at a disadvantage, but my framework can be won without prep, which means it's theoretically preferable.==== |
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+==Offense== |
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+====The structure of employment dominates workers.==== |
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+ |
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+====~~1~~ Labor as an exchangeable commodity is inseparable from the freedom of the worker – strikes reclaim this freedom. ==== |
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+**Gourevitch 16** Alex Gourevitch, assistant professor of political science at Brown University, "Quitting Work but Not the Job: Liberty and the Right to Strike," 2016, American Political Science Association, accessed 20 October 2021, Pg. 316, https://www.cambridge.org/core/journals/perspectives-on-politics/article/abs/quitting-work-but-not-the-job-liberty-and-the-right-to-strike/27B690FEDDBCF002FB20FB50E852D6A3 ~~ST~~ brackets for gender |
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+The point of greatest interest to us here is that the employer's claim to exercise |
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+AND |
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+may be claimed when the seller cannot withdraw his will from the property. |
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+ |
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+ |
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+====~~2~~ The arbitrarily one-sided power dynamic of employment dominates employees.==== |
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+**Collins et al. 18** Hugh Collins, Professor of English Law at the University of Oxford, Gillian L. Lester, Dean of the Faculty of Law and Professor of Law at Columbia University, Virginia Mantouvalou, Professor of Human Rights and Labor Law at the University College London, "Does Labor Law Need Philosophical Foundations? (Introduction)," 2018, Oxford University Press, accessed 22 October 2021, Pg. 5-6, https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=3538andcontext=faculty_scholarship ~~ST~~ |
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+This better understanding of the concept of freedom in the context of employment needs also |
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+AND |
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+contract in some respects is for the worker to sacrifice freedom and equality. |
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+ |
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+ |
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+**====Contracts fail because inherent coercion forces contracting.====** |
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+**O'Neill 85** Onora O'Neill, professor of political philosophy and ethics at the University of Cambridge, "Between Consenting Adults," Summer 1985, Philosophy and Public Affairs, Vo. 14, No. 3, accessed 20 October 2021, Pg. 255-256, https://canvas.uw.edu/files/25697343/download?download_frd=1 / ~~ST~~ |
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+A second range of difficulties arises when the consent given does not match the activities |
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+AND |
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+the extent to which human beings are used and not treated as persons. |
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+ |
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+ |
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+====~~3~~ Uniformity in worker treatment fails to respect individual ends.==== |
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+**O'Neill 85** Onora O'Neill, professor of political philosophy and ethics at the University of Cambridge, "Between Consenting Adults," Summer 1985, Philosophy and Public Affairs, Vo. 14, No. 3, accessed 20 October 2021, Pg. 275-276, https://canvas.uw.edu/files/25697343/download?download_frd=1 / ~~ST~~ |
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+In employment, as in other activities, being used is only one way of |
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+AND |
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+are, and may only introduce paternalistic and manipulative practices into working life. |
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+ |
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+====That necessitates a right to strike.==== |
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+ |
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+====~~4~~ Striking resists domination by hindering a hinderance to freedom.==== |
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+**Gourevitch 16** Alex Gourevitch, assistant professor of political science at Brown University, "Quitting Work but Not the Job: Liberty and the Right to Strike," 2016, American Political Science Association, accessed 20 October 2021, Pg. 314-315, https://www.cambridge.org/core/journals/perspectives-on-politics/article/abs/quitting-work-but-not-the-job-liberty-and-the-right-to-strike/27B690FEDDBCF002FB20FB50E852D6A3 ~~ST~~ |
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+The foregoing social analysis is familiar enough, but its implications for the right to |
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+AND |
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+that employers' ability to use the threat of job-loss against them. |
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+ |
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+ |
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+====~~5~~ A right to strike reclaims freedom by framing workers as more than a seller of labor.==== |
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+**Gourevitch 16** Alex Gourevitch, assistant professor of political science at Brown University, "Quitting Work but Not the Job: Liberty and the Right to Strike," 2016, American Political Science Association, accessed 20 October 2021, Pg. 317-318, https://www.cambridge.org/core/journals/perspectives-on-politics/article/abs/quitting-work-but-not-the-job-liberty-and-the-right-to-strike/27B690FEDDBCF002FB20FB50E852D6A3 ~~ST~~ |
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+The worker's interest in not being subject to continuously arbitrary authority is expansive. The |
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+AND |
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+labor contract they have alienated rights of control over their minds and bodies. |
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+ |
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+ |
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+====~~6~~ Striking expresses the core elements of freedom.==== |
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+**Lim 19** Woojin Lim, Director of Undergraduate Human Rights Working Group at Harvard and Managing Editor of the Harvard Review of Philosophy, "The Right to Strike," 11 December 2019, The Harvard Crimson, accessed 2 November 2021, https://www.thecrimson.com/article/2019/12/11/lim-right-to-strike/ ~~ST~~ |
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+The right to strike is a right to resist oppression. |
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+The strike ( |
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+AND |
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+the attention of the media and prompt public forums of discussion and dialogue. |