National Qualifying Affirmative (No Question) Critique if you can.
Affirmative
“No Power on earth has a right to take our property from us without our consent” It is because I agree with Justice John Jay I must stand to affirm today's resolution: The States use of the power of eminent domain to promote private enterprise is Unjust
As Ben Franklin once said, “The smallest leak can sink a great ship”. Therefore each individual member of society should be respected. In fact throughout the course of human history one thing has led to revolution in many societies, a negligence of human welfare, which is why I chose Human Welfare as my value premise today. The maintenance of human welfare, the safety of our well being, is the reason all government is formed. But all governments must strive to ensure our welfare, ensure our safety and security. There are ways to go about maximizing our welfare, several are considered quite highly in intellectual circles, but one must look to the very foundations of political thought to understand the basis of our modern ideas of ethics. For this reason my criterion today, my filter for all other theories, shall be Aristotle’s Ethics. Aristotle's ethics is the idea that all moral actions aim at some good, through this idea there must be a highest good. Aristotle looked to happiness as the highest good. This included physical, spiritual, and intellectual
I offer the following definitions for this round
Justice- The virtue of protecting individuals' possessions within the acknowledged rules of conduct. (http://www.nelson.com/nelson/polisci/glossary.html)
Private Enterprise- Business activities unregulated by state ownership or control; privately owned business (American Heritage)
Eminent Domain- Power of state to take private property with just compensation
My First Contention- The Use of Eminent domain to promote private enterprise is unjust because it decreases our ability to reach the ultimate goal of happiness.
According to Aristotle in order for one to be happy they must have self fulfillment. Eminent Domain to promote private enterprise interferes with Self Fulfillment. This is because it takes that which makes it possible to gain fulfillment, property, As Aristotle once said, “It is not easy to perform noble actions if one lacks... the help of friends, wealth, and political power. And there are some external goods, the absence of which spoils supreme happiness.” Here Aristotle references the needs for some certain external goods, or property. Without these goods one cannot fully function in society. Property gives one a sense of security; it gives people a base from which to exercise their liberty. One always requires some form of motivation to exercise liberty and to gain happiness. That motivation is our right to property. Without property one loses the key tangible goal to strive for. By taking ones property you take ones ability to gain fulfillment. Also, without property one cannot fully contribute to society. Without property one does not contribute property taxes to the community. Without Property one cannot gain fulfillment. This leads me to my second contention
My Second Contention- The right of property is a necessity to gaining fulfillment.
As I stated in my first contention property yields the ability to self-fulfillment. This is not only backed through Aristotle’s Ethics but also through Robert Nozick’s conception of property rights. Nozick essentially expands on Aristotle’s view of property. As I stated in my First Contention people need property to make noble acts, such as serving their community by enlisting into the army, mean something. This is because people are entitled to the property they own. If they feel they have been robbed of their property by society they will not want to benefit society. Nozick argued that Individuals own themselves - their bodies, talents and abilities, labor, and by extension the fruits or products of their exercise of their talents and labor. Because people own themselves they cannot be treated by the government as a mere thing, or used against his/her will as an instrument or resource in the way an inanimate object might be. Here Nozick essentially lays down that the government cannot treat man as a means only. Just because eminent domain may, in some people’s eyes, be a good concept does not mean that the process is just. Essentially Nozick believed in two key concepts, first that a government’s main concern should always be the protection of one’s property and second that a government must never bring harm to one’s rights. A government may harm the well being of man by taking away his property, people feel unimportant when they are being robbed of the fruits of their labor. When people feel unimportant and mistreated their sense of self diminishes to a point that they can no longer gain happiness and fulfillment. Through adherence Aristotle’s Ethics, which Nozick expanded on, the government is able to act in a just way. The government must be concerned about each citizen and their welfare. Leading me to my third contention
My Third Contention- Human Welfare is decreased through eminent domain because it decreases our security. This is a basic necessity to Aristotle’s Ethics that we need security in order to maintain a happy life and gain fulfillment, this thought is also shared by such thinkers as Abraham Mallow. In Maslow’s hierarchy he lays the foundation for what is necessary in order to gain fulfillment, or what he calls Self-Actualization. Aristotle calls this state eudemonia, or happiness, he of course means fulfillment: physical, spiritual, and intellectual. This according to Aristotle is the highest goal; of course the maintenance of such a state and the gaining of such a state requires a reliable degree of security, in your persons and possessions. The use of eminent domain to promote private enterprise eliminates security in your possessions. If the state can come in and take my home--without my consent--regardless of whether or not I am compensated, security has been eliminated. I must live in constant fear that an enterprise will find my property to their liking and use the state to remove me. This is why the use of eminent domain to promote private enterprise is unjust it opens a loophole in security, a thing which cannot be circumvented, thus causing a decrease in human welfare. When determining just action one must agree that no action can be considered truly just if it harms one person for the sole purpose of benefit to another individual(s).
Try Me. HAHAHAHAHA.
5 Comments:
Norm we so are gods. Like people should pay to judge us in debate
god i wish we woulda worked together on cases like we did on this tourny.
SO people basically the Benorman(Ben and norman)
team rocks the house
mmm i can taste the steak now
Fri Feb 03, 10:15:00 PM 2006
Sara is quite correct. Careful what you mean by fulfillment etc. Adam Smith and Locke (I think) felt that people were basically good at the core, so nearly anything they do to improve themselves would in turn be good for society. Aristotle and Hobbes thought "man is evil" at the core and must be controlled. You may be okay rewording to account for that.
Sat Feb 04, 11:23:00 AM 2006
Another thought: just to add a small dose of economics to your 3rd contention, mention that with that reduction of security, you may also get a general reduction in property values - the whole "who wants to buy a house they might be forced to move from" argument. This would be a shot aimed at the "sails" of your opponent's likely economics driven case.
Sat Feb 04, 11:32:00 AM 2006
Some good points on here already, so I won't add much. Three quick things though. The first is toward the end of cont. one. You say "By taking ones property you takes ones ability to gain fulfillment", then two sentences later you say "without property one cannot gain fulfillment", which is redundant. It is particularly redundant because of my second point, which I think Sara Ray mentioned in passing, but it's worth repeating. Your fisrt and second contentions are essentially saying to same thing, but using two different philosophical angles to say it. Could you make them any more different from one another? Lastly, Mr. C mentions bringing in an economic argument in cont. 3, which I think is a great idea, but I also think you could bring in a quick economic reference in the second cont. when you talk about people deserving the fruits of their talents and labors. Not only does this mean they should get to keep their house if they want to, but also that if they do decide to sell it should be their decision to who and for how much it goes. By the government forcibly taking the property without compensation or setting it's own "reasonable" price tag, that undermines this right to the products of a citizen's labor that you speak of here and cont. 2. That's all I've got for now. Nothing major to change, so it should be doable before tomorrow. Good luck Norm, BJ, and everyone else!
Fri Feb 10, 11:47:00 AM 2006
This comment has been removed by a blog administrator.
Fri Feb 10, 11:48:00 AM 2006
Post a Comment
<< Home