Professional Documents
Culture Documents
1NC
West 88 [Robin, is the Frederick J. Haas Professor of Law and Philosophy and
Associate Dean (Research and Academic Programs) at the Georgetown University
Law Center, Jurisprudence and Gender,
http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?
article=1642&context=facpub] alla
I will start with the liberal description of separation, because it is the most
familiar, and surely the most dominant. According to liberal legalism, the
inevitability of the individuals material separation from the other,
entails, first and foremost, an existential state of highly desirable and
much valued freedom: because the individual is separate from the other,
he is free of the other. Because I am separate from you, my ends, my life,
my path, my goals are necessarily my own. Because I am separate, I am
autonomous. Because I am separate, I am existentially free (whether or
not I am politically free). And, of course, this is true not just of me, but of
everyone: it is the universal human condition. We are each separate and
we are all separate, so we are each free and we are all free. We are, that is,
equally free. This existential condition of freedom in turn entails the liberals
conception of value. Because we are all free and we are each equally free, we
should be treated by our government as free, and as equally free. The individual
must be treated by his government (and by others) in a way that respects his
equality and his free dom. The government must honor at the level of politics the
existential claim made above: that my ends are my ends; that I cannot be forced to
embrace your ends as my own. Our separation entails our freedom which in
turn entails our right to establish and pursue our own concept of value,
independent of the concept of value pursued or favored by others. Ronald
Dworkin puts the point in this way: What does it mean for the government to treat
its citizens as equals? That is . . . the same question as the question of what it
means for the government to treat all its citizens as free, or as independent, or with
equal dignity... . [To ac cord with this demand, a government must] be neutral on
what might be called the question of the good life. . . . [P]olitical decisions must be,
so far as is possible, independent of any particular conception of the good life, or of
what gives value to life. Since the citizens of a society differ in their conceptions,
the government does not treat them as equals if it prefers one conception to
another, either because the officials believe that one is intrinsically superior, or
because one is held by the more numerous or more powerful group.5 Because of
the dominance of liberalism in this culture, we might think of autonomy as the
official liberal value entailed by the physical, material condition of inevitable
separation from the other. separation from the other entails my freedom from him,
and that in turn entails my political right to autonomy. I can form my own
conception of the good life, and pursue it. Indeed, any conception of the good which
I form, will necessarily be my conception of the good life. That freedom must be
respected. Because I am free, I value and have a right to autonomy. You must value
it as well. The state must protect it. This in turn implies other (more con tested)
values, the most important of which is (or may be) equality. Dworkin continues: I
now define a liberal as someone who holds. . . . [a] liberal .. . theory of what
equality requires. Suppose that a liberal is asked to found a new state. He is
required to dictate its constitution and fundamental institutions. He must propose a
general theory of political distribution . . . . He will arrive initially at something like
this principal of rough equality: resources and opportunities should be distributed,
so far as possible, equally, so that roughly the same share of whatever is available
is devoted to satisfying the ambitions of each. Any other general aim of distribution
will assume either that the fate of some people should be of greater concern than
that of others, or that the ambitions or talents of some are more worthy, and should
be supported more generously on that account.6 Autonomy, freedom and equality
collectively constitute what might be called the up side of the subjective
experience of separation. Autonomy and freedom are both entailed by the
separation thesis, and autonomy and freedom both feel very good. However, theres
a down side to the subjective experience of separation as well. Physical
separation from the other entails not just my freedom; it also entails my
vulnerability. Every other discrete, separate individualbecause he is the
otheris a source of danger to me and a threat to my autonomy. I have
reason to fear you solely by virtue of the fact that I am me and you are
you. You are not me, so by definition my ends are not your ends. Our ends
might conflict. You might try to frustrate my pursuit of my ends. In an
extreme case, you might even try to kill meyou might cause my
annihilation.
It is not always easy to maintain true community. Whether it is a family, group of friends,
church, or even a whole town, a community will always have problems; jealousies,
resentments and distrusts are inevitable in any group. Amongst people who have
known each other a long time, love will always have ongoing challenges. Sometimes it can feel like the easy path
would be to step out of the community and think of ones own needs. Are these difficult relationships really worth
rivaling factions intent not on their own nourishment but on the destruction of a different community. Sadly, this is
the way many religious groups relate to one another.
Links
Link-Community
Neoliberal autonomy destroys social control by eliminating a sense
of community.
been more hesitant about adopting neoliberalism than other Western states, the policies of this ideology have been
index compared to other nations. This means that the French are generally more concerned with themselves and
with their direct families than they are with belonging to a collective group. And ,
it seems quite
possible that the introduction of pro-individualistic neoliberal policies may
have contributed to Frances growing violent crime problem.
2000. Considering Hirschis focus on the importance of social control on deterring crime,
Link-Ocean
The ocean is a key site for perpetuating individualist ethics
Beam 10an American journalist and a reporter for The New Republic
(Christopher, The Trouble With Liberty, The New York Magazine, 12/26,
http://nymag.com/news/politics/70282/)//FJ
The last best hope for Libertopia may be the ocean. Theres a long, not-soproud history of seeking freedom at sea. In 1972, Nevada real-estate
developer Michael Oliver built an island in the southwest Pacific by
dredging sand near an an existing reef, which he called the Republic of
Minerva. The nearby Kingdom of Tonga quickly conquered it. A proposal in the late nineties
to create a Freedom Ship nearly a mile long that would house 50,000
people never got past the planning stage. That hasnt stopped Patri Friedman, grandson of
libertarian hero Milton Friedman, from trying once more. Friedman founded the Seasteading
Institute in 2008 with the goal of creating a floating society free from
governments grasp. While seasteading communities would start smalljust a bunch of family-size
platforms floating off the coastFriedman imagines them harvesting energy and growing
food. What distinguishes seasteading from pure fantasy is money. Peter Thiel, who co-founded PayPal and bought
a stake in Facebook back in 2004, has become the Johnny Appleseed of futurist libertarians. Since 2008, hes given
upwards of $750,000 to the Seasteading Institute. He recently announced that he will offer twenty grants of up to
$100,000 each to teenagers who want to start their own tech companiesa proposal that drew liberal scorn. Thiel
is unapologetic about his disdain for government. I no longer believe that freedom and democracy are
compatible, he wrote in a 2009 essay. Hes not alone. Silicon Valley has produced a whole cadre of libertarian
entrepreneurs, including longtime Sun Microsystems president Scott McNealy, Craigslist founder Craig Newmark,
and Cypress Semiconductor CEO T.J. Rodgers.
Impacts
Impact-Otherization/Violence
Individual autonomy is the root cause of violencelack of mutual
ends and psychological bias to fear all Others
West 88 [Robin, is the Frederick J. Haas Professor of Law and Philosophy and
Associate Dean (Research and Academic Programs) at the Georgetown University
Law Center, Jurisprudence and Gender,
http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?
article=1642&context=facpub] alla
I will start with the liberal description of separation, because it is the most
familiar, and surely the most dominant. According to liberal legalism, the
inevitability of the individuals material separation from the other,
entails, first and foremost, an existential state of highly desirable and
much valued freedom: because the individual is separate from the other,
he is free of the other. Because I am separate from you, my ends, my life,
my path, my goals are necessarily my own. Because I am separate, I am
autonomous. Because I am separate, I am existentially free (whether or
not I am politically free). And, of course, this is true not just of me, but of
everyone: it is the universal human condition. We are each separate and
we are all separate, so we are each free and we are all free. We are, that is,
equally free. This existential condition of freedom in turn entails the liberals
conception of value. Because we are all free and we are each equally free, we
should be treated by our government as free, and as equally free. The individual
must be treated by his government (and by others) in a way that respects his
equality and his free dom. The government must honor at the level of politics the
existential claim made above: that my ends are my ends; that I cannot be forced to
embrace your ends as my own. Our separation entails our freedom which in
turn entails our right to establish and pursue our own concept of value,
independent of the concept of value pursued or favored by others. Ronald
Dworkin puts the point in this way: What does it mean for the government to treat
its citizens as equals? That is . . . the same question as the question of what it
means for the government to treat all its citizens as free, or as independent, or with
equal dignity... . [To ac cord with this demand, a government must] be neutral on
what might be called the question of the good life. . . . [P]olitical decisions must be,
so far as is possible, independent of any particular conception of the good life, or of
what gives value to life. Since the citizens of a society differ in their conceptions,
the government does not treat them as equals if it prefers one conception to
another, either because the officials believe that one is intrinsically superior, or
because one is held by the more numerous or more powerful group.5 Because of
the dominance of liberalism in this culture, we might think of autonomy as the
official liberal value entailed by the physical, material condition of inevitable
separation from the other. separation from the other entails my freedom from him,
and that in turn entails my political right to autonomy. I can form my own
conception of the good life, and pursue it. Indeed, any conception of the good which
I form, will necessarily be my conception of the good life. That freedom must be
respected. Because I am free, I value and have a right to autonomy. You must value
it as well. The state must protect it. This in turn implies other (more con tested)
values, the most important of which is (or may be) equality. Dworkin continues: I
now define a liberal as someone who holds. . . . [a] liberal .. . theory of what
equality requires. Suppose that a liberal is asked to found a new state. He is
required to dictate its constitution and fundamental institutions. He must propose a
general theory of political distribution . . . . He will arrive initially at something like
this principal of rough equality: resources and opportunities should be distributed,
so far as possible, equally, so that roughly the same share of whatever is available
is devoted to satisfying the ambitions of each. Any other general aim of distribution
will assume either that the fate of some people should be of greater concern than
that of others, or that the ambitions or talents of some are more worthy, and should
be supported more generously on that account.6 Autonomy, freedom and equality
collectively constitute what might be called the up side of the subjective
experience of separation. Autonomy and freedom are both entailed by the
separation thesis, and autonomy and freedom both feel very good. However, theres
a down side to the subjective experience of separation as well. Physical
separation from the other entails not just my freedom; it also entails my
vulnerability. Every other discrete, separate individualbecause he is the
otheris a source of danger to me and a threat to my autonomy. I have
reason to fear you solely by virtue of the fact that I am me and you are
you. You are not me, so by definition my ends are not your ends. Our ends
might conflict. You might try to frustrate my pursuit of my ends. In an
extreme case, you might even try to kill meyou might cause my
annihilation.
Impact-Alienation/Violence
Neoliberalism causes alienation among individuals replicates
violence.
Some commentators
have even noted a growing affinity to the general barbarism that the
Enlightenment and capitalisms unique civilising project had palpably
failed to leave behind (Hall & Winlow, 2004: 281). This raises questions around the purpose
happy enough to live peaceful lives while it was the easiest option.
of the civilising process as well as Elias (1994) assertion that people were simply getting better in
line with the liberal ideals of civility, freedom and democracy. It would seem that if this had been the
aim all along, such civility would be unshakable by the forces of neo-liberalism and increased
competition both globally and individually. What might have been missing from Elias account was a
Foucaultian/Marxian appreciation of the reasons behind increasing civility. Foucault (1979) asserts
that the primary motivation was a need to protect the new property rights of the bourgeois class and
to socialise the population into an effective working force for capitalisms new industries, this is why
we saw the growth of the prison as a means of punishment .
development tend to focus on either changing control or upon the disintegration of morality and
ineffective socialisation. What actually happened, however, was a relaxation of some controls and an
adopting the codified rules (laws) of our post industrial society may be advantageous enough to
for those
who are disadvantaged by the current political economy, who live in areas
where there are no jobs and no way of fulfilling their desires, what reason
remains to be law abiding? In fact, many of the characteristics of the current
political economy such as reflexivity of the self and the weakening of
collective identities (Furlong & Cartmel, 1997: 82) that have been discussed above, may
well have a deleterious effect upon social cohesion and control and perhaps even
contribute to the crime rates of neoliberal nations.
mitigate against a certain amount of criminality (if we ignore the white-collar variety) but
Impact-Suffering
Radical autonomy puts those dependent on community in a position
of constant suffering by refusing to help them.
With
the destruction of these traditional forms of working class life the
proletarian hard-man, the pre-requisite workforce of heavy industry, was
reduced to a position of radical insignificance (Hall, 2000: 36). He simply did not
on those who relied on such industries for their livelihood seem to have been largely ignored.
and could not fit into the burgeoning new service economy, leaving many inner city estates originally
Impact-Extinction
Individualism makes solutions to global problems impossible
causes alienationonly a community based approach can solveour
offense subsumes theirsonly communities can give value to the
individual
Indeed, in the public policy world, we form ideas with the express intent
that others will weigh them and eventually imitate them. Political projects
are not formed in a vacuum and political ideas are not intended to stay in
a vacuum; they are distributed and shared amongst increasing numbers of
people, with numerous actors inputting along the way. It is worrying then to
see the "rise of self" within our society. Despite the evident failure of individualism,
our society is self-centered and self-absorbed, while grossly lacking in
self-esteem. Of great concern is the fact that our pursuit of selfactualization has focused for too long on the self, leading to feelings of
social isolation and alienation. We have, in short, been chasing self-esteem, not
self-actualization. Thus, in the pursuit of the individual, we have lost our
sense of belonging. Robert Putnam's now famous book, Bowling Alone,
published in 2000, detailed the death of social movements, and the death of social
engagement more broadly. He explained how the reasons for this decline are
fourfold: longer working hours and the entrance of women into the workforce;
suburban sprawl, putting greater distance between family and friends and work;
increased television watching and media consumption; and the rise of meorientated generations (from Break Through, Nordhaus & Shellenberger). In short, in
seeking our own goals and in seeking to fulfill our own desires, we have forgotten
what it means to be part of a larger network and a larger project. To turn
the tide, we must reject individualism as a stand-alone concept. There is
evidence that this is occurring and that our society is longing to feel "whole" again.
For example, Rick Warren's book The Purpose Driven Life has sold over 30 million
copies, emphasizing peoples' longing for meaning both within and outside of
themselves. The book begins with this simple line: It's not about you. In Break
Through, Nordhaus and Schellenberger wrongly suggest that the book is not a
rejection of individualism, when it quite clearly is. While the book does note the
importance of the individual, as Break Through recounts, it also stresses that the
individual is fully actualized only when one is positioned within the setting
of a broader plan and community. It celebrates the individual, but only as a
citizen of a larger group. In the face of today's challenges, we must stress this
point again: it's not about you. It is, in fact, about Us. Collectively.
Together. The problems of the day - global warming, the economic recession,
national security, and the search for identity - teach us that this is true. Our
interdependence has never been more apparent. What we need, then, is an
"integrated individuality", which celebrates the individual, in the context
of the community. Put simply, we are born dependent and we die
dependent; we should stop trying to live and think during the intervening
years any other way. Instead, we must celebrate each other as a part of a
community which values and cares for its members. Self-actualization, then,
must be a group project. It cannot be attained alone.
Impact-Value to lIfe-Human
Living within political community is the essence of being human
the alternative is a life of alienation.
and sustained by the love of the others. It is an intertwined relationship of support, standing at each others needs.
It is not always easy to maintain true community. Whether it is a family, group of friends,
church, or even a whole town, a community will always have problems; jealousies,
resentments and distrusts are inevitable in any group. Amongst people who have
known each other a long time, love will always have ongoing challenges. Sometimes it can feel like the easy path
would be to step out of the community and think of ones own needs. Are these difficult relationships really worth
rivaling factions intent not on their own nourishment but on the destruction of a different community. Sadly, this is
the way many religious groups relate to one another.
Impact-Value to Life-Competition
Neoliberal communities demoralize individuals through the constant
need for competition.
obvious that this all sounds very normal in the present day and is no more than a statement of reality
but we must remember that this economic type was still relatively new at the beginning of the 20th
century. Bongers explanations for the rise of social inequality and for the demoralising effect that
capitalism can have on individuals arose from the necessity of labour to capitalist production and in
particular the need of the producer to purchase labour (and from the labourers need to sell). Bonger
argues that people are forced to sell their labour to avoid starvation, which, in most cases, does not
enter the equation now because of the remnants of our welfare state. However, it is still the case that
we need to work to provide for ourselves, thus Bongers idea that this situation gives rise to
exploitation may still be relevant. Little
Impact-Ethics-Collective Responsibilty
The affs notion that all individuals can be autonomous is flawed a
refusal for compromise would destroy collective responsibility which
is key to societal advancement.
Beam 10an American journalist and a reporter for The New Republic
(Christopher, The Trouble With Liberty, The New York Magazine, 12/26,
http://nymag.com/news/politics/70282/)//FJ
the biggest
banks had failed, bankers wouldnt have been the only ones punished.
Everyone would have lost his money. Investors who had no idea how their dollars were
Its a compelling story. But like many libertarian narratives, its oversimplified. If
being usedthe ratings agencies gave their investments AAA grades, after allwould have gone
broke. Homeowners who misunderstood their risky loans would have gone into permanent debt. Sure,
the bailouts let some irresponsible people off easy. But not intervening would have unfairly punished a
September because the owner had not paid the annual $75 fee for opt-in fire protection. As the fire
raged, the house owner told the dispatcher that he would pay the cost of putting out the fire. The fire
department still refused to come. The house burned down, with four pets inside. Libertarians point out
that this is how opt-in servicesas opposed to taxpayer-funded public servicesworks. If you dont
pay, you dont get coverage. The firefighters cant make exceptions without creating moral hazard.
This makes sense in theory. In practice, not so much. The firefighters showed up to protect a
neighboring property. The homeowner offered to pay not just the cost of the fire protection but the full
cost of the spray. A court would have enforced that contract. But because the firefighters stuck to a
rigid principle of opt-in services, a house was destroyed. Will this serve as a cautionary tale next time
a rural resident of Obion County is deciding whether to buy fire insurance? No doubt. But will someone
else inevitably not learn his lesson and make the same mistake? No doubt. And thats just the
government side. Consider the social side of Libertopia. Its no coincidence that most libertarians
himself, says the young architect Howard Roark in his climactic speech in The Fountainhead. His
moral obligation is to do what he wishes. Roark utters these words after dynamiting his own project,
scarce resources, everyone pursuing their own self-interest would yield not Atlas Shrugged but Lord of
work hard enough. Similarly, Brown (2003) describes how neoliberal policies place a moral component on success.
By insisting that only the immoral fail to achieve success, this concept
permits and even encourages a society to blame the poor for their suffering (Passas
2000). And, because people are responsible for their own fate as individuals,
neoliberalism further entails that a state should not interfere with this
process since doing so would be counterintuitive to the basic premise that
only merit should determine success (Amable 2011). As Thatcher once said about the role of the
state, There is no such thing as society. There are individual men and women, and there are familiestheres no
such thing as entitlement (Keay 1987:8-10).
To make matters worse, as the current economic system exacerbates competition over scarce
neoliberals,
who reject worldviews where things are not up to the individual, may
become hostile to policies such as affirmative action or any other form of
group remediation. Son Hing is quick to point out that the picture is mixed a left-right
resources, heightens uncertainty about the future, and fosters greater inequality,
political and economic orientation does not map perfectly onto prejudice. There are a number of
aversive racists (characterized by unconsciously holding negative values) on the political left who are
prejudiced and principled conservatives on the right who are not particularly prejudiced.
Furthermore, some would argue that the sink-or-swim nature of our current economic system is what
makes it work regardless of race, sex, creed, or any other social or physical determinant; reliance on
strict market principles, in this view, is really the only way to ensure equity for all. By introducing
some other, lower standard of judgment for those of different color/culture, we would be engaging in
the very sort of racism that we want to eliminate. Nevertheless, the research by Son Hing raises the
commemorate the legislation that has opened the door politically for millions of minorities here in the
United States, we also contemplate the role that our economic beliefs can have in hampering that
political progress in the days to come.
What sorts of disadvantages? For example, more often than not, when people see me (I am not so
foolish as to attempt to speak for all marginalized peoples whore similar to myself. The last thing
black feminism needs is another saviour whos deadset on saving The Race), they see my black skin
which makes them wary. They see my button-downs and loose pants, and read me as male which
makes them nervous. When they realize Im cis-female, however, that just makes them flat-out
confused. From there, the conversation usually devolves into them trying to put a recognizable label
Such a stance also ensures white, settler, upper-class concerns always have a (prominent) seat at the
discussion table: If were all the same, then my white concerns deserve to be heard amidst this blackcentered discussion, too! Heaven forbid we non-mainstream folk ever do anything that doesnt focus
on, relate to, or continually gush gratitude to our white counterparts for granting us the space to be!
Turns Gender-Activism
The focus on freedom and individualism siphons off activism to
resist gender oppression
about individualization (Beck, 1992; Beck and Bcck-Gcrnshcim. 1995; Giddcns, 1991) and more critical
perspectives on processes of individualization in particular (Bauman, 2000,2001; McRobbic, 2009).
agenda' (Bauman, 2000: 34; emphasis in original). 'Everything . . .', he states, 'is now down to the
the conditions in which individuals live, their experiences and narratives undergo a relentless process of individualization.
individual' (Bauman, 2000: 62);
Discussing The Aftermath of Feminism, McRobbic (2009: 16) draws on Bauman's arguments to develop
Turns Gender-Violence
Private individualism allows for the subordination of non-masculine
identitiesroot cause of sexual violence against women
generally concerned with injuries inflicted on individuals, has traditionally been held
inapplicable to inju ries inflicted by one family member on another. Under
the doctrines of interspousal and parent-child immunity, courts have
consistently refused to allow recoveries for injuries that would be
compensable but for the fact that they occurred in the private realm. In
the same way, criminal law fails to pun ish intentional injuries to family
members. Common law and statutory definitions of rape in most states
continue to carve out a special exccption for a husbands forced
intercourse with his wife. Wife beating was initially omitted from the
definition of criminal assault on the ground that a husband had the right
to chastise his wife. Even today, after courts have explicitly rejected the
definitional exception and its rationale, judges, prosecutors, and police
officers decline to enforce assault laws in the family cotext.3 Although a
dichotomous view of the public sphere and the private sphere has some heuristic
value, and considerable rhetorical power, the dichotomy is overdrawn. The notion
of a sharp demarcation between public and private has been widely rejected by
feminist and Critical Legal Studies scholars.15 There is no realm of personal and
family life that exists totally separate from the reach of the state. The state de
fines both the family, the so-called private sphere, and the market, the so-called
public sphere. Private and public exist on a continuum. Thus, in the so-called
private sphere of domestic and family life, which is purportedly immune from law,
there is always the selective application of law. Significantly, this selective
application of law invokes privacy as a rationale for immunity in order to
protect male domination. For example, when the police do not respond to a
battered womans call for assistance, or when a civil court refuses to
evict her assailant, the woman is relegated to self-help, while the man
who beats her receives the laws tacit encouragement and support.
Indeed, we can see this pattern in recent legislative and prosecutorial efforts to
control womens conduct during pregnancy in the form of fetal pro tection laws.
These laws are premised on the notion that womens childbearing capacity, and
pregnancy itself, subjects women to public regulation and control. Thus, pregnant
battered women may find them selves facing criminal prosecution for drinking
liquor, but the man who battered them is not prosecuted.17 The rhetoric of
privacy that has insulated the female world from the legal order sends an
important ideological message to the rest of society. It devalues women
and their functions and says that women are not important enough to
merit legal regulation. This message is clearly communicated when particular
relief is withheld. By declining to punish a man for inflicting injuries on his
wife, for example, the law implies she is his property and he is free to
control her as he sees fit. Womens work is discredited when the law refuses to
enforce the mans obligation to support his wife, since it implies she makes no
contribution worthy of support. Similarly, when courts decline to enforce contracts
that seek to limit or specify the extent of the wifes services, the law implies that
household work is not real work in the way that the type of work subject to
contract in the public sphere is real work. These are important messages, for
denying womans humanity and the value of her traditional work are key
ideological components in maintain ing womans subordinate status. The
Turns Gender-Psychology
The psychology and philosophy of radical freedom is predicated on
the idea of woman as a threat to freedom. It is designed to deny
consciousness to woman and promote male domination
Egoism Bad
Egoism justifies the worst forms of violence allows one to inflict
harm on another for self-benefit.
Curiously, philosophers have not paid much attention to what you might think is the most obvious argument against
Ethical Egoism, namely that it would endorse wicked actions provided, of course,
that those actions benefit the person who does them. Here are some examples, taken
from various news- papers: To increase his profits, a pharmacist filled prescrip- tions
for cancer-patients using watered-down drugs. A nurse raped two patients
while they were unconscious. A paramedic gave emergency patients
injections of sterile water rather than morphine, so that he could sell the
morphine. Parents fed a baby acid so that they could fake a lawsuit,
claiming (he baby's formula was tainted. A 13-year-old girl was kidnapped
by a neighbor and kept shackled in an underground bomb-shelter for 181
days, while she was sexually abused. Suppose that, by doing such things,
someone could actu- ally gain some benefit for himself. Of course, this
means that he would have to avoid being caught. But if he could get away
with it, wouldn't Ethical Egoism have to say that such actions are
permissible? This seems enough by itself to discredit the doctrine. I believe this is a valid complaint;
nonetheless, one might think that it begs the question against Ethical Egoism, because in saying that these actions
are wicked, we are appeal- ing to a noncgoistic conception of wickedness. So we might ask if there isn't some
further problem with Ethical Egoism, that doesn't beg the question.
fanciful example:Let B and K be candidates for the presidency of a certain Country and let it he granted that it is in
the interest of ei- ther to be elected, but that only one can succeed. It would then be in the interest of B but against
the interest of K if B were elected, and vice versa, and therefore in the inter- est of B but against die interest of K if
K were liquidated, and vice versa. But from this it would follow that B ought to liquidate K that it is wrong lor B not
to do so, that B has not "done his duty" until he has liquidated K: and vice versa. Similarly K, knowing that his own
liquidation is in the interest of Band therefore, anticipating B's attempt-* to secure it, ought to take step* to foil B's
endeavors. It would be wrong for him not to do so. He would "not have done his duty" until he had made sure of
stopping B ... litis is obviously absurd. For morality is designed to apply in just such cases, namely, those where
interests con- flirt. But if die point of view of morality were that of self- inlcrcsi. then there could never be moral
assumes that an adequate morality must provide solutions for conflicts of interest in such a wav that everyone con-
Increased egoism kills progress leads to increased violence and reentrenches oppression turns the aff.
Collective
life, he argued, did not arise from individual life; on the contrary, it is the
latter that emerged from the former. Libertarian thinkers have reinvented history to
place the autonomous self at creation. Of course, libertarians can concede that society preceded the
individual but still argue that government was formed by contract. Spontaneous, voluntary groups
grew into the minimal state, which they see as the only legitimate state. But this is also bad history.
The state, as a distinguishable institutionwhether Roman, Aztec, Americanis distinctive, but
rulership is universal, or nearly so. Chiefs, councils of elders, and big men all sought to monopolize
power and maintain order. Government rarely if ever emerged from social contracts. (A few supragovernments emerged from contracts among lesser governments, as in Philadelphia, 1789.) Bentham
thundered this point in the early days of libertarianism: There
frontier illustrates what libertarians might consider the minimal, night watchman state. Yet that
watchman was often outgunned by desperadoes and vigilantes. The high homicide rates there and in
the frontier-like quarters of 19th century American cities came down largely because a bigger state
policingstood up. American history testifies against the libertarian thesis. So do contemporary crossnational data using the Human Development Index, which measures a populations well-being in terms
of health, education, and wealth. The HDI, corrected for internal distribution (the Bill Gates-makes-allAmericans-look-rich factor), is typically higher in OECD nations where governments are relatively
the
government that governs least does not govern best, whether the
criterion is promoting the general welfare or promoting individual liberty .
large. Both historical and contemporary research suggests that Thoreau was wrong;
This does not mean that the converse is true, that maximal government is best. There appears to be a
reasonable balancing point. We Americans seem to be below that reasonable point, and
Alternative
Alternative-Re-envisioned State
Radical individualism undermines the possibility of building a reenvisioned state that provides for the common good
West 1 [Robin, is the Frederick J. Haas Professor of Law and Philosophy and
Associate Dean (Research and Academic Programs) at the Georgetown University
Law Center. West's research is primarily concerned with feminist legal theory,
constitutional law and theory, philosophy of law, and the law and literature
movement, Rights, Capabilities, and the Good Society,
http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?
article=1275&context=facpub] alla
In a number of books and articles over the last ten years, Martha Nussbaum and
Amartya Sen have carved out a third position, which, they argue, is in greater
accord with liberal commitments to individual autonomy, and particularly the
autonomous right of individuals to determine their own conceptions of the good.8
The state, Nussbaum and Sen argue, as a matter of goodness and justice
both, must not ensure minimal welfare directly-that would indeed be
unduly paternalistic, illiberal, and in important respects, impossible: a state
cannot ensure, say, a healthy, long life for each citizen.9 Rather, a decent and
liberal state in a good society must ensure that citizens achieve and
enjoy certain fundamental human capabilities (thereby leaving to the
citizens the choice whether or not to avail themselves of those
capabilities) -including the capability to live a safe, well nourished,
productive, educated, social, and politically and culturally participatory
life of normal length.10 Thus, to be "fully human," Nussbaum argues, and to be
possessed of the full dignity that one's humanity implies, just is to enjoy this
minimal threshold level of capability." If they are to have fully human lives,
citizens must have access to, and the capability to attain, non-alienating,
nondiscriminatory and non-humiliating work." They must have, or have the
capability to acquire, various welfare goods such as decent healthcare,
adequate food, shelter, and clothing. 3 They must have a good and liberal
education, a safe upbringing, protection against physical and sexual
assault, and security in their intimate and affiliative associations. Citizens
must have access to the material preconditions of these capabilities, if they are to
have the ability to live fully human lives.'4 Furthermore, Nussbaum argues, for
many or even all of us, these preconditions cannot be met without
considerable state and community assistance, or more pointedly, without
considerable state run redistribution and regulation. 15 These are not
preconditions readily satisfied in either a state of nature or a minimally regulated
social order. A good society, therefore, Nussbaum concludes, and a liberal, just
society, is one in which the state is not just permitted, but is obligated to
ensure, on behalf of its citizens, that these material preconditions of our
fundamental human capabilities are met. 6 All states, particularly liberal states,
ought to regard their obligation to secure the preconditions of basic human
capabilities as fundamental and as required by justice." Liberal states should regard
their obligation to secure the minimal material preconditions of the basic human
capabilities to be a basic constitutional duty.
The demand for individual rights destroys all positive state actions
insulates the individual from the state
West 1 [Robin, is the Frederick J. Haas Professor of Law and Philosophy and
Associate Dean (Research and Academic Programs) at the Georgetown University
Law Center. West's research is primarily concerned with feminist legal theory,
constitutional law and theory, philosophy of law, and the law and literature
movement, Rights, Capabilities, and the Good Society,
http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?
article=1275&context=facpub] alla
Liberal, constitutional rights, according to their legions of critics and numerous
rights theorists, undercut any state obligation to secure the preconditions for
the fundamental human capabilities for two basic and interconnected reasons.
The first is political. The good society, as envisioned by virtually all "good
society" theorists, requires substantial state intervention into various
"private" spheres, and substantial redistribution of the goods, resources,
and power found in those spheres.24 Liberal rights, as defended and
constructed by contemporary constitutional theorists and jurists both, limit the
power of states to do precisely that. Were a state to go about the task
of ensuring the material preconditions of a good life for all, or, in the
Nussbaumian version of the same idea, ensuring the preconditions for the
capabilities which are themselves requisite to a "fully human life," it would have
to break down the walls of insularity that liberal rights, both in theory and to
a considerable degree in practice, protect. To secure the minimal
preconditions of the good society for all of us, the state would have to
violate the rights we hold as individuals- rights of liberty, property, contract,
and privacy. Indeed, not only do we lack a "right" to a state obligated to
ensure minimal preconditions of a good society-whether the "good society"
is as envisioned by Karl Marx, John Dewey, Michael Sandel, Frank Michelman,
William Forbath, or Martha Nussbaum-but if anything, we have a right to a state
that does not attempt to ensure that the material preconditions of a
good society are met. Rights protect us against the paternalistic state that
might otherwise regard the "good society" as its business. Furthermore, rights
deter the creation of a state interested in good society ambitions by
structural design, not because they are misused by Machiavellian political actors. In
many liberal states, and virtually by definition in the United States, rights are
overwhelmingly negative. We have whatever rights we have, against the
state, and against the state's actions, and against the state's actors; we
do not have rights that positively obligate the state to do something. We
do not have rights that require, rather than forbid, the state to take
some action. It is, of course, because we have rights against the state
(and only against the state) rather than rights to some particular sort of
state action or state intervention, that rights protect the individual
against an overreaching state in the manner celebrated by rights
advocates. But it is also because of their negativity that rights preclude
the state from taking any role in securing to citizens the material
preconditions of the good society. Negative rights thus disempower the state
from pernicious, intermeddling, paternalistic, or malign intervention into the
private affairs of individual citizens. By virtue of so doing, however, negative
rights also disempower the state from intervening into the private
sphere for the democratically progressive purpose of redistributing
power or resources within it. Negative rights elevate or empower the citizen
relative to an overreaching, paternalistic state. Yet by staying the paternalist's
intervening hand, negative rights both subordinate that citizen to his
stronger brother-thereby entrenching private inequalities-and disable the state
from securing, on behalf of weaker citizens, the material preconditions to
developing the capabilities necessary to a fully human life. Good society theorists,
rights critics, and a number of liberal rights theorists, have all concluded from this
argument that rights, as conceived and employed in at least United States liberal
and constitutional jurisprudence, are fundamentally at odds with any purported
state obligation to ensure the material preconditions of a good society. If this
conclusion is correct, then it obviously holds for a capabilities approach to
welfarism as well. If so, the state's obligation to promote conditions that secure the
minimal capabilities essential to a fully human life, even if such an obligation
exists, would have to be secured by some means other than individual rights.
The demand for radical autonomy distances the self from the
communitydestroys the ability of the state to have any positive
benefits
West 1 [Robin, is the Frederick J. Haas Professor of Law and Philosophy and
Associate Dean (Research and Academic Programs) at the Georgetown University
Law Center. West's research is primarily concerned with feminist legal theory,
constitutional law and theory, philosophy of law, and the law and literature
movement, Rights, Capabilities, and the Good Society,
http://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?
article=1275&context=facpub] alla
First, for there to be a state obligation to provide for minimal capabilities
requisite to a fully human life, at least in a democratic state in which state actors,
and hence the "state" itself, are some subset of citizens, there must exist the
political will for it. That will, in turn, requires some degree of communal
solidarity among citizens. Rights, however, disincline us to even regard each
other, much less assume responsibility for each others' welfare. Rights
erode rather than enhance our feelings of obligation toward our
neighbors, cocitizens, and arguably even our intimates and family members.
Rights leave us identified with our possessions, rather than with each
other. For that reason alone, they seriously undercut the empathic
solidarity necessary to sustain a democratic case for a state obligation to
provide for the well-being of others. Second, at least some of the material
preconditions of human capabilities which a good state is obligated to provide are
those preconditions for our capability for social affiliation or connection with others,
and mutual and moral responsibility for each others' well being.' To live a fully
human life, according to Nussbaum and others, means in part to have the capability
to live responsibly and safely with and for others, at work, at home, and in the
community! - The capability for doing just that, then, is part of what a just state is
obligated to ensure, if the state is obligated to ensure the minimal material
preconditions of a good society. The atomism that is at the core of liberal
understandings of rights, however, implies at most an atomistic individual in
need of rights of isolation, of privacy, and of individuation; not rights
that might stem from a frank recognition of our social or relational
nature. In terms of capabilities, current rights rhetoric implies that the
capability for autonomy is the core capability in need of protection
through rights, to the virtual exclusion of relational capabilities. Because
of the power of modern individualistic rights rhetoric, we not only lack
"relational rights" that might bolster our social capabilities, but we
become disinclined to even envision or argue for them. In an atomistic
rights culture, we come to view ourselves, and then increasingly come to
be, possessors of individual rights against each other and the state. We
are not only without any responsibilities toward others, but also without any rights
to ensure that we have the capabilities to safely exercise those responsibilities
toward others. As a result, we come to identify our "rights" our most precious
political entitlements, and hence our political identity as rights to individuate and
distance or sever ourselves from, rather than rights to safely connect or
relate to, our families, intimates, communities, or co-citizens.
Kruks 1987 [Sonia, Robert S. Danforth Professor of Politics at Oberlin College and
received her Ph.D. in Government from the London School of Economics, Simone
de Beauvoir and the Limits to Freedom, http://www.jstor.org/stable/466482]
If we compare de Beauvoir's account of woman's situation with Sartre's discussion
of situation in Being and Nothingness, several striking divergences emerge. Most
obviously, situation becomes, in de Beauvoir's analysis, above all externally
constituted (though subjectively experienced): it is not brought into being by
woman's project. It is, moreover, a condition which is general to women as a
certain social category of human beings. While in Being and Nothingness
other people are commonly presented as only a peripheral or indirect
structure of "my" situation, for de Beauvoir others are directly involved in
my own constitution of the meaning of even a free project. For example, in
contrast to Sartre's description in Being and Nothingness of the climber's solitary
project, de Beauvoir had described, in Pyrrhus et Cine'as, a solitary walker
experiencing his or her relation to nature-but, as soon as the walk was
over, needing to share the experience with a friend in order to confirm
it.23 For de Beauvoir, my situation is always mediated for me by othershence, as we have seen, her argument that I need freedoms equal to mine
in the world. For woman (and other oppressed groups), however, such a
confirmation through others is impossible: paradoxically the social nature of
her situation constitutes for her a denial of her freedom, not its
confirmation. For woman lacks the relations of equality with man
necessary for a reciprocal recognition of freedoms Along with her direct,
personal relations of inequality and oppression, woman also encounters of
what we might call a set of social institutions.24 It is these instittions in
their generality which function analogously to natural forces in
perpetuating her immanence. If all that took place was a Hegelian (or Sartrean)
struggle of consciousnesses between two human beings, one of whom happened to
be male and one female, we could not anticipate in advance which one of them
would win. However, if we examine the relations of a husband and a wife, then it is
very different. For the institution of marriage in all its aspects-legal, economic,
cultural, etc.-has formed in advance for the protagonists their own relation of
inequality. As de Beauvoir points out in a strikingly unSartrean passage, ... it is not
as single individuals that human beings are to be defined in the first
place; men and women have never stood opposed to each other in single
combat; the couple is an original Mitsein; and as such it always appears as a
permanent or temporary element in a larger collectivity The relations of
any particular couple are embedded in the relations of the larger
collectivity and they are delimited by it. Thus, as de Beauvoir also points out,
although man has imposed her situation on woman, individual men may be as much
the victims of what has become an impersonal system of forces as are women A
colonial administrator has no possibility of behaving well towards the natives, nor a
general towards his soldiers; the only solution is to be neither a colonist nor a
military chief; but a man could not stop himself from being a man. So there he is,
guilty in spite of himself and oppressed by this fault which he himself has not
committed. ...The evil does not originate from individual perversity ... it arises from
a situation against which all individual action is powerless In other words, the result
of multiple, free (male) human action throughout history has been to create a set of
institutions-forms of what Sartre was later to call the "practico-inert"-which function
as real limits on freedom, female or male. If woman is to become a free
existent (and indeed if male freedom is to be increased), the process of
change will have to commence from the radical transformation of the
institutional aspects of woman's situation. Marriage, motherhood, her
exclusion from economic and public activity, all will have to be extensively
transformed.27 Liberation is not only a matter of individual choice, but a
process of complex social transformation. De Beauvoir is (in retrospect
naively) optimistic that, as women begin to attain social equality, in time an "inner
metamorphosis" will also take place.28
Affirmative
Only an insistence on radical autonomy from power structures can
avoid replication of oppression South Africa proves.
Roos 13a writer, activist, filmmaker, and founding editor at Roar Magazine
(Jerome, South Africas untold tragedy of neoliberal apartheid, Roar Magazine,
11/12, http://roarmag.org/2013/11/south-africa-marikana-anc-poor/)//FJ
The ANC and all other so-called revolutionaries betrayed the poor the moment
they made it their aim to take over the institutions of apartheid and
reproduce them in a different form. But with the ANCs crisis of legitimacy
deepening following the Marikana massacre, more and more people who do not feel
represented are being driven towards the only sensible conclusion . Earlier this
year, in March, one thousand shackdwellers stormed a piece of land in Cato Crest in Durban, occupied it, and called
the dawning
realization around the world that, in these times of universal deceit, only
an insistence on radical autonomy can take the revolution forward. In South
it Marikana in honor of the slain miners. The action was just one more expression of
Africa, the only way to overcome the social segregation that continues to needlessly kill hundreds every day, is to
embrace a political philosophy of needs that focuses on the empowerment of communities; that operates through
In
proclaiming and defending our right to pursue our own self-interest, to
live for our own sake, the American system released the innate generosity
in everyone (when they are not treated as objects of sacrifice). It is interesting to
observe that during the 1980s, the so-called decade of greed,
Americans gave more than twice the amount to charity they had given in
the previous decade, in spite of changes in the tax laws that made giving less advantageous.
of happiness. The happiness the Declaration of Independence refers to is our own.
Our private, not-for-profit organizationsthe Boy Scouts and Girl Scouts, the Salvation Army,
churches, not-for-profit hospitals, and philanthropic agencies of every conceivable kindperform
benevolent work far more extensive than in any other country. What
needs to be challenged in our country today is not the desirability of
helping people in difficulty (intelligently and without self-sacrifice), but rather the
belief that it is permissible to abrogate individual rights to achieve our
social goals. We must stop looking for some new use of force every time
we encounter something that upsets us or arouses our pity.
we expect others to take responsibility for our wellbeing (patriarchy), idealising them and then blaming them when
they fail to live up to our expectations. (Caryn Vanstone, in her article on page 27, refers to this as the child/parent