Victory Briefs

Commentary

What Position Will Win the TOC?

February 4, 2012 by babb in Commentary with 14 Comments

First, I just want to give a shout-out to the Mountain Brook tournament in Birmingham. This is the second year I’ve been, and once again the hospitality and timeliness have been exceptional. Jeff Roberts really goes out of his way to bring good judges to the tournament and put on a good show (and the MB students do a great job keeping things running). If you live in the South and don’t make it to this tournament, you’re missing out!

On to the substance of today’s post: what position will win the TOC?

I’ll try not to answer my own question (since I’m more interested in others’ thoughts), but I will say this: debaters are doing themselves a strategic disservice by running away from the plausibly true positions on this topic. I describe the loss as a “strategic” one, because I’m reasonably certain that no one will be persuaded by pedagogical risks.

The debates that start off on dubious premises (thanks to ridiculous case positions) almost always become side-tracked by theoretical and procedural questions that can rarely be resolved predictably. This is especially true in elimination rounds against strong competitors—the marginal utility of a “non-stock” position is significantly diminished when assured that your opponent will either shift the debate to theory or respond with an even more “outside the box” argument. The race to the bottom of absurdity can quickly become a counterproductive exercise, or one that at best terminates in a coin-flip decision.

While I hesitate to make any predictions, I certainly hope that high-level debates will explore the contextually unique accounts of self-defense that tend to permeate this topic in real-world discussion. I believe that the most researched account of this issue can and should take center stage. Off-the-wall positions may be decisive in prelims and lesser tournaments, but the most consistently and universally successful positions are true ones.

What do you expect to see come out on top?

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  • Rebar Niemi

    all of the positions on this topic are equally plausibly untrue. that’s what happens when the topic area is so poorly circumscribed.

    here are things i hope DON’T win the TOC:

    Excuse v. Justification
    Gaultier
    Kantian Self Defense
    Proportionality
    “Un-universalizable Maxims Bad”

    things that are likely to win TOC:

    all the above arguments
    some dumb disad or counterplan
    an aff that is largely skep triggers

  • http://www.facebook.com/people/Stephen-Babb/9200639 Stephen Babb

    100% agree with the “don’t” list. sadly, i agree with the prediction too.

  • http://www.facebook.com/fpielstick Fritz Pielstick

    disclosure theory

  • http://www.facebook.com/people/Stephen-Babb/9200639 Stephen Babb

    lol

  • http://www.facebook.com/people/Scott-Phillips/100000429889029 Scott Phillips

    I’m confused. You both think excuse and proportionality are “untrue”? They seem pretty central to the topic.

  • Rebar Niemi

    proportionality is a legal argument. the topic is not legal. also, proportionality is a disgustingly offensive argument on this topic. every single version i’ve seen essentially argues that being beaten repeatedly “isn’t bad enough” to warrant killing. the argument is either totally inapplicable to the topic or very very patronizing.

    as far as excuse v. justified goes, i think that it shouldn’t be negative ground because it seems to be a slimy and purely semantic distinction designed to co opt the already poor aff ground. it also is a primarily legal argument that doesn’t have a ton of applicability to the “moral” permission debate. if you’re running dressler or robinson or fletcher, your evidence is literally being misapplied to the topic. if you’re not running one of those authors, congratulations, you’re running a word pic, and a pretty uncreative and bad one at that, because it doesn’t mechanically compete in the slightest.

    i’m confused – do you want your debaters to run these positions?

  • http://www.facebook.com/people/Scott-Phillips/100000429889029 Scott Phillips

    In light of this article, which encouraged people to not run dumb random crap in favor of engageing the topic in order to avoid silly theory/procedural debates it seems to make little sense to then disparage the very set of arguments that constitute the neg engaging the topic.

    I would love for my debaters to run these positions. There is a huge research base for them, and they substantively respond to the most common affirmative cases like social contract. What is the alternative you recommend that actually engages the topic?

    The neat distinction between legal and moral arguments is a false dichotomy- no legal standard, for instance proportionality, emerged in a vacuum. It evolved out of moral discourse (such as just war theory). To say that excuse and proportionality are exclusively legal arguments ignored by morality is a total misnomer.

    The topic is written such that the aff has to defend a disproportionate response, to say the neg is incapable of arguing that that is bad leaves them with very little ground.

    Similarly, while “excuse vs justification” is a legal debate, there is also a moral debate about “excuse vs permissible” in self defense literature.

  • Rebar Niemi

    scott, i’m not denying that those arguments “engage the topic” (well, i would argue that if you think excuse v justified engages the topic you have a really bizarre interpretation of what it means to substantively engage something)

    i’m denying that they are interesting, educationally productive, or competitively worthwhile arguments.

    as an educator, i don’t want my debaters running argument that reflect ignorance and insensitivity (in ref to proportionality). and are bad nibs.

    if you’ve read any of the special reasonableness literature, you’d know that the proportionality lit is largely lies created by white men with no experience of the issue. perhaps there is a proportionality argument that is good on this topic. i certainly haven’t seen it.

    i also don’t deny that moral and legal arguments can share premises. my point is that their conclusions are not transitive. if legal then moral doesn’t follow just like if moral then legal.

    alternatives?
    -killing is always wrong
    -mandatory arrests DA
    -legal permission cp (my understanding of the topic allows for this to be legitimate neg ground that competes with a moral permission)
    -a variety of morality bad/shouldn’t be couched in moral terms arguments.
    -critiques of particular aff positions

    ultimately i think that the limited amount of aff ground behooves negative debaters to tailor their strats to be more responsive and not run bad arguments like proportionality or excuse v justified that promote laziness.

  • http://www.facebook.com/jake.nebel Jake Nebel

    Rebar,

    Proportionality is also a moral concern. The ethics literature on self-defense in both interpersonal killing and killing in war include debates about proportionality. I agree that it’s debatable whether proportionality is really necessary for justified killing, but it’s clearly not just *irrelevant*.

    I also disagree with your claim that the distinction between excusability and permissibility is purely semantic. Most moral philosophers agree that wrongdoing does not entail blameworthiness: there are cases of blameless wrongdoing. The literature on free will and moral responsibility proves this: you can think, for example, that determinism undermines blameworthiness without undermining moral obligations. (Not saying that’s true — just that it’s coherent because we understand the substantive distinction.) The distinction between excusability and permissibility is just the distinction between not-being-blameworthy and not-being-wrong. That distinction is substantive, even though I also happen to agree that negatives are wrong to claim that killing the abuser is an excusable wrong, but for apparently different reasons than you.

  • Rebar Niemi

    jake, i agree that proportionality exists in a moral context – i find that it is very rarely not couched in some sort of reference to legal norms however. i still think its offensive and lazy and a kinda dumb nib.

    as far as the “not blameworthy” and “not wrong” distinction, i think that there are good reasons both of those should be aff ground – and even better reasons that not being blameworthy is merely a subcategory of not being wrong. you weren’t wrong because you’re not blameworthy. if you were blameworthy you could be either wrong or right. if you weren’t wrong you wouldn’t necessarily be not blameworthy, but not being blameworthy rules out your “being wrong” and thereby seems to fall into the category of being “not wrong”

    still, i concede that there is a bunch of “topic lit” for the excused v justified position and that many philosophers find it to be a valid distinction.

  • http://www.facebook.com/people/Stephen-Babb/9200639 Stephen Babb

    I think it’s kind of silly for people to be calling self-defense requirement NIBS. If that’s the case, 1ACs should suck it up. I love that 1/2 everyone out there says “omg self-defense is so true that the NC can’t win” and the other half thinks disproportionality is an unfair white construction (and a NIB to boot).

    I’m with Scott on this—I think there’s very good ground for NCs on the self-defense debate, and I’d like to see those arguments as well. I’d much rather see debaters research that than write generic pacifism NCs. Also far superior to watching people take philosophical paradigms and awkwardly apply them in way the original authors never would have accepted.

  • anon94

    which one was it?

  • Rebar Niemi

    ummm stand your ground da with no topic link?

  • Rebar Niemi

    in response to native americans plan with no specific solvency advocate.

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