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In Defence of Moral Error Theory

Moral error theorists typically accept two claims - one conceptual and one ontological - about moral facts. The conceptual claim is that moral facts are or entail facts about categorical reasons (and correspondingly that moral claims are or entail claims about categorical reason); the ontological claim is that there are no categorical reasons-and consequently no moral facts-in reality. I accept this version of moral error theory and I try to unpack what it amounts to in section 2. In the course of doing so I consider two preliminary objections that moral error theory is (probably) false because its implications are intuitively unacceptable (what I call the Moorean objection) and that the general motivation for moral error theory is self-undermining in that it rests on a hidden appeal to norms. | Direct Link to PDF

Moral Minds: The Nature of Right and Wrong

THE CENTRAL IDEA of this book is simple: we evolved a moral instinct, a capacity that naturally grows within each child, designed to generate rapid judgments about what is morally right or wrong based on an unconscious grammar of action. Part of this machinery was designed by the blind hand of Darwinian selection millions of years before our species evolved; other parts were added or upgraded over the evolutionary history of our species, and are unique both to humans and to our moral psychology. These ideas draw on insightsfrom another instinct: language. | Direct Link to PDF (e-book)

Oxford Studies in Metaethics

The full book is available online for free:Oxford Studies in Metaethics is designed to collect, on an annual basis, some of the best new work being done in the field of metaethics. I’m very pleased to be able to present this third volume, one that has managed so successfully to fulfill the aims envisioned for the series. | Direct Link to Book

Moral Judgment

i. Moral rules are held to have an objective, prescriptive force; they are notdependent on the authority of any individual or institution.ii. Moral rules are taken to hold generally, not just locally; they not only proscribebehavior here and now, but also in other countries and at other times in history.iii. Violations of moral rules involve a victim who has been harmed, whose rightshave been violated, or who has been subject to an injustice.iv. Violations of moral rules are typically more serious than violations ofconventional rules. | Direct Link to PDF

Boredom? ADHD?

John Plotz in the New York Times: Their Noonday Demons, and Ours

These days, when we try to get a fix on our wasted time, we use labels that run from the psychological (distraction, “mind-wandering” or “top-down processing deficit”) to the medical (A.D.H.D., hypoglycemia) to the ethical (laziness, poor work habits). But perhaps “acedia” is the label we need. After all, it afflicted those whose pursuits prefigured the routines of many workers in the postindustrial economy. Acedia’s sufferers were engaged in solitary, sedentary, cerebral effort toward a clear final goal — but a goal that could be reached only by crossing an open, empty field with few signposts. The empty field is the monk’s day of spiritual contemplation in a cell besieged by the demon acedia — or your afternoon in a coffee shop with tiptop Wi-Fi.

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The Boundaries of Justice

The overarching concern in the idea of justice is the need to have just relations with others—and even to have appropriate sentiments about others; and what motivates the search is the diagnosis of injustice in ongoing arrangements. In some cases, this might demand the need to change an existing boundary of sovereignty—a concern that motivated Hume’s staunchly anti-colonial position. (He once remarked, “Oh! How I long to see America and the East Indies revolted totally & finally.”) Or it might relate to the Humean recognition that as we expand trade and other relations with foreign countries, our sentiments as well as our reasoning have to take note of the recognition that “the boundaries of justice still grow larger,” without the necessity to place all the people involved in our conception of justice within the confines of one sovereign state.

Amartya Sen, in The National Review, "The Boundaries of Justice."

What Position Will Win the TOC?

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?

Three Judging Practices That Need To Stop by Adam Torson

All of these practices are tempting, but a moment’s reflection should suggest to most judges that they are inappropriate.

1. Speaker Point Games

Enough with the paradigms that promise increased speaker points for goofy behavior. You might think it’s hysterical to promise a thirty for bringing you a cookie, saying “supercalifragilisticexpialidocious,” or dancing a jig, but it’s not. Judging is not about you – the debaters aren’t there for your entertainment.

If it were harmless fun nobody would care, but speaker points matter. They affect who you debate in prelims (especially later in a tournament when brackets are smaller), whether you break, and out-round seeding. On more than one occasion I have seen a speaker point game change who breaks and who doesn’t. It’s not fair, and it should stop.

2. Berating Debaters

A certain amount of irritation at poorly debated rounds is natural, but it’s stunning how often judges go way over the top. Expressing outrage at the state of debate or the obnoxiousness of some particular practice may be cathartic, but it’s hardly constructive. Getting angry and berating debaters is self-indulgent; the oral critique is not about your anger. It is reprehensible to be proud of making a debater cry.

Sometimes anger is appropriate, as when a debater is rude or patently offensive, but this is relatively rare. Yelling at someone because they made an argument you don’t like suggests a dramatic lack of perspective – the kids are learning what a good argument is, people have different views on what a good argument is, and students are coached in different ways. The RFD is not about showing off how smart you are or how much you know about debate. Get over yourself and make your comments constructive. You are not entitled to adjudicate a tournament full of mistake free rounds.

3. Calling Tons of Evidence

Everyone seems to want debaters to be clearer, but many of us engage in a practice that incentivizes exactly the opposite. The debaters’ opportunity to effectively convey the meaning of their evidence is the constructive. Figuring out what evidence means after the round and making it part of the decision calculus is blatant intervention. There are judges who routinely call virtually every argument read in the round and reconstruct their flow on that basis. Give me a break.

I suspect this is mostly motivated by ego – none of us likes to admit that we didn’t understand an argument. But – I feel like a broken record – it’s not about you. It is unfair and pedagogically unsound to vote for arguments you straight up don’t understand – even more so when you are doing things like supplying evidence comparison for the debaters. Have enough courage to admit when you don’t get something, even at the risk of teenagers thinking you’re not as smart as they otherwise would.

Interview with a Champion: Josh Roberts

In the weeks leading up to NFL Nationals in Birmingham, Alabama, VBD will be interviewing previous champions of the prestigious tournament. Our first interview was with the 2011 champ, Josh Roberts, who debated for Northland Christian School in Houston, Texas. 

David Branse wins the Sunvitational Round Robin

Congratulations from David Branse from University for defeating Jake Steirn from Cypress Bay on a 5-0 decision (Maeshal Abid, Matt Kawahara, Loren Eastlund, Chris Castillo, Student Vote) to win the 2014 Sunvite Round Robin! 

David Branse wins the Sunvitational Round Robin

Congratulations from David Branse from University for defeating Jake Steirn from Cypress Bay on a 5-0 decision (Maeshal Abid, Matt Kawahara, Loren Eastlund, Chris Castillo, Student Vote) to win the 2014 Sunvite Round Robin! 

Should Judges Time Rounds?

Should judges time rounds or may they rely on debaters’ cross-timing? At one time the community norm was unequivocal – judges had to time (and if necessary give debaters time signals). Debaters as a general rule didn't time their own speeches. Today on many circuits timing practices are much more equivocal. Debaters are generally expected to time themselves  and each other, though they often do so haphazardly.  Does the judge have a responsibility to make sure time is kept correctly?

I tend to believe that judges should time rounds. It is a failsafe for when debaters’ timers fail or when debaters accidentally give themselves or their opponents too much or too little time. It is also a check on debaters stealing prep time, or using an unreasonable amount of time “off the clock” to transfer files or organize papers.

In many rounds, though, judges elect not to time and instead rely on the debaters “cross-timing” one another. For some reason this seems to be particularly prevalent in out-rounds. There are several possible arguments in favor of this approach. Many judges presume that debaters should be responsible for policing themselves, and that the appropriate checks on timing abuses are good faith and an opponent guarding her right to a fair round. Certainly not having to time makes judging easier, which may arguably improve the judging experience and improve the quality of decisions (i.e. judges can focus on writing on ballots or backflowing rather than watching the clock).

So, should judges time rounds or may they rely on debaters’ cross-timing?

Respect: Part II By Chris Theis

Last week I argued that debaters should have more respect for the preferences of judges. This week I will cover the other side of the equation: the responsibility of judges to be more honest and open about their preferences.

Judges clearly have preferences beyond which arguments they absolutely will, or will not vote on. To their detriment, debaters do not seem to care about what these preferences might be. However, students are not entirely to blame.  If one browses through judge paradigms it is hard not to notice how entirely unhelpful most of them really are. The vast majority of paradigms focus on marginally helpful things like a judge’s threshold for speed, while saying almost nothing about the types of arguments they want to hear. The same is true when debaters ask paradigm questions before rounds.

When it comes to the substance of arguments most judges simply repeat the refrain: “I will vote for anything as long as it is clear,” or some equivalent.  While it may be true in the abstract that these judges could imagine themselves voting for any argument, all judges have arguments, and ways of making arguments, that they are more or less likely to vote for.  That type information should be the most useful to debaters because it gives them insight into how to increase their odds of winning a ballot, not just if it is possible to win it. However, this type of useful information is the information that you are least likely to find looking through a paradigm. Why is that?

I think there are a couple of factors at work here:

First, students generally do not ask good questions so judges perception of the information demanded is skewed toward the irrelevant.

Second, judges are afraid of being seen as a “bad judge.” Honesty has been conflated with bias and “interventionism.” A judge who expresses their honest point of view about arguments is perceived to be a “bad” because their preferences may not align with the preferences of some debaters.  Quite a few coaches and judges have privately told me that they do not express how they feel about certain arguments that they feel are bad for the activity because they are worried about no  longer being preferred judges. The natural human desire to feel respected and liked is leading many judges to be as non-controversial as possible by hiding their real opinions.  All of this is is understandable, but it is also cowardly and harmful to students who take judges at their word.

The problem, of course, is that whether or not they express them openly, those preferences still exist. The only difference is that only the judge knows what those preferences are.  This lack of information introduces randomness that otherwise would not exist. As long as a debater knows what a judge likes they can adapt to it. That is fair. What is not fair is a judge giving the impression that all arguments are equal to them, when that is not, and could not be the case. A good judge is a predictable judge, not simply a judge that will tells a debater they can do whatever they want.

I have a feeling some of this might be misinterpreted, so let me be clear: I am not saying judges should intervene more. What I am saying is that all judges already do intervene, in large and small ways, in every round. Telling debaters that you will “vote for anything” may be technically true, but it is also deeply dishonest. We all have arguments that we dislike, or that annoy us more than others.  Judges owe it to debaters to disclose as much as possible how they tend to intervene by laying out the types of arguments and strategies they do and do not prefer.

Grow a spine and take a stand. It is a matter of respect.

Paradigms and Principles: Are "I Meets" Always Terminal Defense?

A. Is an “I meet” argument always terminal defense on theory?

An “I meet” argument is an answer to theory which claims that there is no violation – the debater has complied with the rule proposed by the interpretation. For example, if the 1NC runs theory arguing that the AC may not employ contingent standards, and the 1AR argues correctly that the AC does not employ contingent standards, there has been no violation and the affirmative debater should not lose on theory.

If an “I meet” argument is conceded, judges will almost universally regard it as terminal defense – defense sufficient to defeat the theory position entirely such that it has no weight in the decision calculus. (See Jake Nebel’s article from yesterday for good reasons why the debater running theory should have the burden of proof that there is in fact a violation.) This is an exception to the general rule, because we often say that terminal defense is impossible or rare – there is almost always a possibility that the impact claimed by a debater will happen despite a defensive argument.

There are cases where treating “I meet” arguments as terminal defense is easy – for example when the argument is conceded. If offending debater did not in fact do anything objectionable, then she should not lose on theory. However, the decision becomes more difficult when the “I meet,” argument is contested. Suppose in the example above that the negative argues that an ambiguous part of the AC could be reasonably interpreted as a contingent standard, so the Aff does not meet the interp. Now the judge must conclude that there is some probability that the affirmative violates and some probability that she doesn’t. If the judge concludes that the affirmative debater is marginally ahead on the “I meet” argument (e.g. the affirmative case is reasonably clear but not entirely unambiguous), is it still appropriate to treat the “I meet” as terminal defense? If not, does it make sense to force debaters to defend an objectionable practice which they are simultaneously claiming they have not used?

Minimal Expectations for Clarity in LD by Jake Nebel

I’ve heard a lot of people -- coaches, judges, and debaters -- complain about the quality and clarity of debates throughout the year. Some of these complaints have to do with particular kinds of arguments that people run, but I don’t always agree with those opinions. The things that really worry me are practices, habits, and behaviors that make debate worse regardless of the argumentative content. The kinds of things I have in mind are typically strategic components that debaters have an incentive to use, so I don’t really blame debaters for using them. I also don’t blame judges, because they were often former debaters who used these tactics or are expected to vote for them because everyone else does. True, LD is the debaters’ game, but there are limits on how judges can adjudicate that game. The expectations below are norms that, I think, would prevent both bad debates and bad decisions, without telling debaters what arguments they can and can’t run.

The core problem is that clear communication of arguments is becoming rare. I support the use of academic philosophy in debate, but I sometimes think that debaters have adopted the bad habits of academic philosophers without carrying over the good ones. I have seen a large and increasing number of debates where judges and opponents alike have, at best, a partial grasp of the claims being made and the arguments used to support them -- and not because they are lazy, stupid, or uninformed. (I include myself here. More of my decisions this year have included, “I didn’t understand p, why you think p is true, or why p justifies q,” than ever before... And I don’t think it’s because I’ve become much lazier, dumber, or more uninformed than I have always been.) Some of this has to do with speed and delivery, but much of it also has to do with a desire to economize and cut down on explanation in order to get more out there.

There are two major, mutually reinforcing disadvantages of this trend.

(1) When debaters don’t really understand each other’s arguments, clash becomes superficial. This decreases the educational benefits of running these arguments, since people rarely have to understand either their own arguments or their opponents in much depth in order to win. I take it that at least one reason why debate matters is because it fosters effective argumentation skills, so this impact should be relevant to anyone who cares about debate. I also take it that one reason why debate should involve philosophical arguments is because debaters learn something valuable from debating philosophy, so this impact should also be relevant to anyone who cares, more specifically, about philosophical education in debate. I care a lot about these things, so this disadvantage really matters to me.

(2) When debaters are unclear, judges are more likely to vote on claims that they do not understand. Why is this bad? Consider an extreme example to highlight the claim: suppose that judges let debaters speak incomprehensibly and vote for whatever they think is won based on the lines and arrows. That kind of system would be awful because (a) judges would often make bad decisions, and (b) debaters should not be expected to respond to arguments that the judge could not understand. I think (b) is the more important impact here, and perhaps the most important impact of the trend discussed here, but (a) is really important too. Bad decisions are bad for everyone, because it means that people leave a tournament with undeserved losses.

There are other disadvantages that crop up in different kinds of cases. Ambiguity in the framework leads to awful debates about whether some turn links to the standard, when it was never initially clear (to anyone!) what it took to link to the standard. Theory debates often turn on tiny questions that weren’t clearly explored by anyone, rather than developed arguments about what makes debate a meaningful activity. Finally, lower thresholds for clarity lead debaters to think that recycling a complicated card is OK, because the judge is likely to understand it already. I think that expectation is often false. But it is also harmful, because it lowers the incentive to make arguments because they are good, interesting, or important (as opposed to being familiar). People may not care about these impacts as much -- I think they are important but not as important as the (1) and (2) above.

Here are some judging norms that, if practiced, would redirect debaters’ incentives towards clarity. I’ve skipped over the obvious ones like, “Don’t vote for claims that you don’t understand at all,” and, “Only vote for arguments.”

1. Ignore or assign low weight to claims expressed in undefined philosophical or technical terms.

Good philosophy papers are easy to read even though they deal with difficult subjects, because they are clear. Good philosophers explain what they mean by technical terms before using them. This practice prevents confusion, and it also prevents equivocation (when you use the same word in different senses in different parts of your argument). Defining technical terms makes people less likely to talk past each other, and more likely to engage in productive, rational disagreement.

This expectation should apply to any “ism” (yes, even “utilitarianism” and “consequentialism,” which mean different things) and to any word that debaters or their evidence use in a non-ordinary sense. It should also apply to technical debate terms when used to establish burdens or theory arguments. People mean very different things by “presumption,” “turn ground,” and “offense.” I’m fine with people using those terms to make things clearer (e.g., “Turn: [insert argument here]”), but debaters are increasingly using these terms to establish rules about those concepts, in which case it’s really important for them to explain what they mean. Basically, any time someone says, "I/you need to prove X in order to win/not lose," the debater should explain X in non-technical terms.

If you are at all skeptical of this point, just think about the last time you saw a debate about “internalism,” necessary but insufficient burdens, or competing interpretations.

By “assign low weight” to such claims, I mean that, when in conflict, you should prefer claims that are stated clearly and explained to claims that use undefined terms.

2. Do not call for anything except quoted evidence or advocacy texts.

Calling for analytics and reading them -- or even checking them -- after the debate creates a counterproductive safety net for debaters to get by with incoherence, underdevelopment, and ambiguity. I see this happen a lot in theory debates and in framework debates that involve lots of spikes. This is unfair to the other debater because s/he had to catch, understand, and reply to the argument under time pressure, based on its first articulation. A judge who misses or doesn't understand an argument should not expect a debater to answer it.

Even if you’re just checking to see if a claim was stated, that contributes to the problem. The relevant question is not whether a debater said something, but whether you understood it, which usually requires hearing it said. If you don’t have an argument on your flow or remember it being said, you should ignore it. It is the debater's responsibility to make sure the judge understands the argument.

I can foresee people defending this practice by placing the blame on themselves. They might say something like, “I wouldn’t call the analytics if the ambiguity were their fault, but I just sometimes zone out or don’t pay attention or fail to get something down that I should have.” These judges should probably try to fix this or, otherwise, tell debaters that they have this problem in advance. But they shouldn’t just let debaters be as unclear as they want and retroactively clean things up by reading their analytics.

By “advocacy texts,” I mean things like plan texts, permutations, and theory interpretations. I think it’s okay to call those things because the precise wording may be especially relevant, and judges shouldn’t be expected to write down or remember every word.

3. Do not read debaters’ evidence to improve your understanding of the argument.

If you didn’t understand it, just don’t vote for it. You have no obligation to understand what a debater could not communicate effectively from the start. In fact, you have an obligation to the other debater not to give his/her opponent this kind of undeserved charity. Why should they have to respond to arguments with only a few minutes of prep time when you get to review a card with minimal pressure for as long as you please? That is an unfair expectation, and it is especially unrealistic because it creates an even greater incentive to run complicated arguments with minimal explanation and clarity.

This expectation does not apply to cases where a card’s content or meaning was in dispute, which sometimes requires the judge’s evaluation to figure out who’s right. That seems fine.

This expectation (arguably) applies to some kinds of evidence but not to others. For instance, I don’t think that empirical evidence supported by experiments or studies should require a high amount of explanation, unless those experiments or studies are in dispute. I think this exception also extends to highly technical warrants for plausible claims -- for instance, a deduction from logical axioms. The debater should have to be able to explain those axioms, experiments, studies, etc., if questioned, but understanding the claim may be enough, unless it’s disputed. Note, however, that the answer here follows from a more general view about the degree of understanding you require in order to vote on an argument of a certain kind. That more general question is important, but it’s not specific to this particular expectation.

4. Ignore non sequiturs even if dropped.

A non sequitur is an argument whose conclusion does not follow from its premises. Debaters make non sequiturs all the time, and I think it’s getting worse and worse. Why do you, as a judge, have to interfere in this habit? Debaters have a strategic incentive to cut down on premises, so they have just enough to maintain the appearance that the conclusion follows. And they have an incentive to hide any implicit premises that would cast doubt on the argument’s validity. So, if you don’t draw the line at all, you’re just contributing to the problem.

The best arguments against judge intervention have to do with judges’ evaluations of claims’ plausibility. These arguments justify a world where judges do not ignore arguments simply because they disagree with the premises or with the conclusion. But they do not apply to the form of arguments -- that is, to their validity or to their status as arguments.

What kind of decisions does this expectation rule out? The cases I have in mind are decisions where the judge assigns a function to arguments without being able to explain why the argument has that function. Here are some examples:

a. Arguments that say, “There are no moral facts, so affirm/negate because everything is morally permissible,” without a reason why, if there are no moral facts, then everything is morally permissible.b. Arguments that say, “Affirm/negate if there are no moral facts,” and “Neither side has advanced a true moral theory,” without a reason why, if neither side has advanced a true moral theory, then there are no moral facts.c. Arguments that say, “The aff/neg is unfair,” and “Fairness is important,” without a reason why unfairness (in this particular case) is a voting issue rather than a reason to drop the argument.

Note that this expectation does not rule out all unsupported claims. This expectation only applies to arguments, which require at least one premise in support of a claim. Sometimes debaters just make claims without arguments, which makes sense because justification must end somewhere, but I don’t have a proposal here to distinguish between plausible and implausible claims.

5. When evaluating theory, the burden of proof is on the person initiating theory to justify the violation.

The burden of proof is not on the defender to win the “I meet.” The person running theory has to show that his/her opponent broke the rule. New responses to an “I meet” are often just new warrants for the violation, which should have been in the first speech. Violations are often way too vague to have a clear grasp of whether the opponent really did break the rule. This is an area where judges have to figure out who is right because the arguments on the flow are rarely decisive.

Sometimes people make an argument that, if we accept competing interpretations, then even a risk of a violation is sufficient to vote. That’s a bad argument, and I expect that if people followed rule #1 (explain debate jargon and philosophical terms), they would see why. Competing interpretations is a way to evaluate theory once you’ve established the violation, the details of which are rarely established in any particular round. But the common feature of any plausible reading of competing interpretations is that it determines, in some way, how we figure out who won the theory debate. If there is no violation, there is no theory debate, and there is no offense: it’s an impact with no link, which is not an impact at all.

I suspect that judges are sometimes reluctant to ignore a large theory debate because one debater spends a lot of time on it. That’s a bad judging habit. You should not care how much time someone is spending on an argument if that argument is not shown to be relevant.

Conclusion

This activity is supposed to be about rational disagreement. But we are awful at it. Our disagreements are irrational outside of debates because, in my experience, most of us rarely change our minds. This shortcoming is not unique to debate, but I think we are particularly bad at it because (1) many of us our stubborn, (2) many of us care too much about consistency with our past beliefs and about our egos, and (3) many of us have learned how to defend false beliefs persuasively. We are also really bad at facilitating rational disagreement where it matters most -- in round. Debaters often talk past each other, avoid clash, and make bad (invalid, unsound) arguments because they know they’ll get away with it by pushing the limits of clarity.

I have left many issues off this list because I want to focus on expectations to which everyone (or almost everyone) can agree. I find some of these issues very important but I’m not confident about what to do about them. One example here is respect: how is it okay for debaters to be disrespectful to each other when the disrespect doesn’t help them communicate their ideas more effectively?! I hope we can form some shared expectations about respect, but I suspect that we could only do so after we reach agreement on other issues (even though I think those issues are less important than respect).

There are plenty of bad habits in debate, and I don’t think that any of us are to blame for it. But perhaps if we apply some minimal expectations to our judging, debate will get better: debaters might learn more, debate better, and make the activity more worthwhile for everyone.

Respect: Part I by Chris Theis

“I’m sorry for what I have to do here.”

“Then don’t”

“Sorry you just had to listen to that.”

“Then why did you do it?”

More and more this season I find debaters apologizing to me before and after rounds. This is not entirely new. Ever since I started judging an occasional debater (usually a freshman or sophomore) would apologize for a poor performance. However, that was usually the result of a lack of confidence and/or a debater feeling down on themselves for making dumb mistakes. This year, though, debaters are apologizing for something else altogether, something that I can only characterize as the deliberate infliction of emotional and mental anguish on the judge. This is a problem, and it all comes down to a lack of respect, from both sides. Debaters do not respect the paradigm, preferences, and opinions of judges and judges do not respect debaters enough to be honest about those preferences and opinions.  In this first installment in a two part series I will talk about the first half of that respect problem.

More than ever before judges are unhappy with what is going on in rounds, all year I have listened to judges whine and complain about arguments and trends that annoy them, but that debaters continue to utilize, round after round.  This may be attributable to this years trends being particularly obnoxious, but I think that is unlikely. Does anyone remember 2007? Instead, I think the problem is that debaters have lost an understanding of what it means to adapt.

For too many debaters a judge’s paradigm has come to represent an outer limit on the arguments they are allowed to run, instead of being a guide for how to best win over the judge. Common questions like “are you ok with kritiks” or “do you vote on RVIs” are just different versions of the question “will you listen to this argument I will probably make?”  Rarely does a debater ask a question about what the judge actually wants to see, such as: “do you prefer a heavily philosophical debate or would you rather see a more empirical one?” or “when answering a contention would you prefer I signpost to each argument or group it and make responses?” In short, debaters are trying to find out if they can get the judge to accept what they already do, not how they can adapt what they do to best fit the judge.

The problem with this of course is that what judges will vote for and what judges want to vote for is not the same thing. Few judges on the circuit are willing to rule out voting on pretty much any argument, even if they have a strong preference against doing so. Despite our best attempts to be neutral and objective argument evaluation machines, the feelings of a judge towards particular arguments does influence the way they make decisions.  Not only will debaters who adapt by only knowing what a judge will vote for lose more rounds, but they also show a lack of respect for the judge as a participant in the activity. Debate is for debaters, that’s true, but judges play an important role. The activity  could not exist without the individuals who give up their weekends to judge hours of debates, eat awfully, and help students improve. At the very least debaters should respect judges enough to try to make the experience at least somewhat enjoyable. It is not just the right thing to do; it is good strategy.   The best debaters are the ones that judges enjoy watching, and whom they want to succeed. Being that debater only takes knowing your judges and shamelessly pandering to their preferences. Do that and you will win more rounds and get much higher speaks.

So for debaters looking to make judges happy and win more rounds, the solution is simple: be the debater judges want to vote for, not the debater judges begrudgingly vote for.  Read the judge’s paradigm for likes and not just dislikes, ask the judge questions about what they want to see and not what they will not vote for, use your experiences with the judge from camps and previous rounds to pick up on what they like in a debate, and finally, ACTUALLY DO THOSE THINGS!

Three Things You Can Do To Improve Your Standards Debating by Adam Torson

One of the most common mistakes the average debater makes when addressing the standards is to be insufficiently comparative. A judge is presented not with the question of whether a standard is the best of all possible standards, but rather whether it is the best standard presented in that particular round. A major source of forced judge intervention is debaters talking past each other on the standards debate. With that in mind, here are three things you can do to make your standards debating more effective.

1. Stop treating all defense as terminal defense.

Debaters invest a stunning amount of time spewing weak defense against the standard; what is even more surprising is how much credit these types of answers are given. A classic exchange:

AFF: The standard is utilitarianism.NEG: One - We can’t predict the consequences of our actions with perfect accuracy, so utilitarianism sucks. Two – utilitarianism is vague because people have different conceptions of happiness. Three – Actions have infinite consequences so utilitarianism is indeterminate.

…and so on.

In a huge number of rounds the Aff’s response to this strategy is to answer these objections line-by-line. This is almost always a strategic blunder – it forces the aff to spend a ton of time answering defense just to earn of the privilege of trying to extend offense. In the abstract, the objections listed above would surely be important for a theorist to deal with, but compared with strong justifications for utilitarianism they can hardly be considered terminal defense. Spend your time telling judges why they are not compelling reasons to prefer your opponent’s standard rather than trying to eradicate any and all possible objections to your standard. A philosopher may have the luxury of falling back on skepticism, but when forced to make a choice about what we ought to do imperfect guidance is better than no guidance.

On the flip side, when you are answering a standard make sure to frame your answers comparatively. It is not enough to problematize – tell the judge why the defect you are pointing out is a reason to prefer your standard. That will a) make it easier for your judge to resolve the standards debate and b) improve your ability to assess the strength of your own arguments.

2. Utilize implicit clash.

Philosophers talk to each other – they read, criticize, interpret, and defend each other’s work and the works of philosophers throughout history. If you do a good job explicating the justifications for your standard, they will almost always implicitly or explicitly answer major objections from philosophical opponents. A little preparation will go a long way. You should plan ahead of time how you are going to extend your standard in a way that articulates the implicit clash with your opponent’s standard and why you come out ahead in that debate. For example, if you are running contractualism, your plan for answering utilitarianism should not be the string of weak defensive arguments I listed above. Rather, it should utilize the extensive literature on contractualism comparing it to the many flavors of util (and just about any other moral theory) so that your argument is not just “util bad,” but rather “contractualism is preferable to util in this instance.”

Utilizing topic specific literature to support the standard is also helpful in this vein. Often particular norms are contextually justified even if they ought not to be accepted as a general rule to govern all situations. Again, reasons why your standard is more contextually appropriate makes the standards debate more comparative.

3. Don’t give too much credit to metaethics, epistemology, or other choke-point layering strategies.

During the last two years it has been very common to see a metaethical framework employed to support a normative framework. This year it’s been increasingly common to also see an epistemological framework used for the same purpose. While these fields of study are interesting ways to go deep on the standards debate, often they are utilized as functionally impact exclusive meta-standards: “Your normative ethical theory doesn’t ‘link in’ to my epistemological framework, so your impacts don’t matter.” Debaters need to more critically assess the underlying logic of these arguments.

For example, many philosophers rightly criticize abstract moral reasoning as epistemically inadequate because it tends to assume that a particular privileged perspective is universally valid. Beliefs about what perfectly ‘rational’ people would do are very much influenced by a person’s particular experiences. Fair enough. Often times, however, debaters will run an epistemic framework making this claim and use it as a way to exclude normative ethics that employ these assumptions – e.g. “Contractualism fails to account for marginalized perspectives so disregard the NC.” That is a rather surprising conclusion to draw from the insight that contractualism uses problematic assumptions. The better strategy is for the person employing the epistemological framework to articulate what types of impacts are being missed or undervalued by the contractualist framework as a strategy to weigh against those impacts (or to prefer impacts to her standard, which is a functional equivalent of the weighing strategy). Conversely, the person being accused of failing to “link in” to an epistemic framework should argue that this is hardly terminal defense, and engage in weighing of their own.

The problematic logic of using these types of arguments as a choke-point is even more obvious when they have to be compared. “Metaethics trumps epistemology because it determines what counts as a warrant for the normative claims epistemology makes.” “Epistemology comes before metaethics because it determines what counts as valid knowledge.” Yuck. Epistemology and metaethics give us important theoretical tools to help us think through normative claims. They are not just another layer of normative standards that every argument on the flow must “link into” to be in any way significant. Instead, use the insights of these fields of study as a way to compare the validity of normative claims.

Stop Running "Deliberate" T by Stephen Babb

A menace is once again sweeping across the land, this time in the form of a topicality argument suggesting the use of deadly force is only "deliberate" if it is slow and unhurried. The implication is that the only topical use of deadly force is that which a victim plans thoroughly in pre-meditated fashion. These interpretations are meant to problematize the 1AC's ability to justify deadly force on self-defense grounds (since an of self-defense would supposedly involve no planning, forethought, or consideration whatsoever).To say nothing of how annoying it is to watch a meaningful debate get sidetracked by desperate strategic misgivings, this is also just a bad argument.

First, it overlooks two usages consistently found in the definitions of "deliberate": (1) intentional or aware of consequences or (2) resulting from careful consideration. The notion that a 1AC should interpret "deliberate" according to these usages as well as the third ("unhurried," etc.) is a bizarre burden, especially when it makes no sense to use a word simultaneously in three different ways. The most obvious rejoinder to these arguments, then, is that the 1AC's interpretation is perfectly consistent with a common usage of "deliberate," because no one is advocating "accidental" self-defense measures, and nor is anyone suggesting that a victim pressed into using deadly force is unaware of the potential consequences.

Second, even if the 1AC must defend situations in which there was careful prior consideration of deadly force, there's no reason to believe this consideration is anything other than contingent planning. For example, victims of repeated abuse may speculate about what they would do should an ongoing threat escalate into an imminent danger of serious bodily harm or death. This deliberation could continue for months or longer, and yet in the midst of a dangerous confrontation, planned self-defense measures may come into effect. In other words, the "imminence" of a self-defense situation shouldn't be mutually exclusive with prior contingency planning. It even reasons that victims may acquire lethal weapons so that they can defend themselves with deadly force when the need arises. While this involves planning, it doesn't automatically entail that the victim is killing an abuser in his sleep (or some similar "elective" killing).

Third, it doesn't even make sense to describe the "use of deadly force" as slow and unhurried. Remember, this is the phrase modified by "deliberate." Suggesting that the use of force must be interpreted as "slow" and "unhurried" would laughably leave the 1AC with torture as its core ground (or otherwise, some incredibly inefficient method for killing). While there may indeed be scenarios in which a victim of domestic abuse opts to "slowly" poison or otherwise kill an abuser over a course of time, I highly doubt this is the most sensible usage of "deliberate." I certainly understand interpretations that suggest "deliberate" be used as "premeditated," but there's no reason to believe premeditated action results exclusively from "slow" or "unhurried" consideration. When "deliberate" is used in this way, it's typically a reference to someone walking or moving at a "slow" and "unhurried" pace. Given that this would make no sense when describing the use of deadly force, it's a safer assumption for the AC to defend the intentional use of deadly force (at best) or the premeditated use of deadly force (at worst).

These interpretations also appear to be most consistent with the empirical data that suggest the vast majority of situations in which a victim kills an abuser occur during confrontations (rather than while the abuser is sleeping, for example). This should inform what topic literature we believe to be in fact "at the core" of the topic. It would make no sense to ignore a more frequent and socially pressing moral question so that we can discuss the comparatively few instances in which victims kill their abusers absent an imminent threat.

Accordingly, while it may be the case that 1ACs should be willing to defend situations in which there isn't an imminent threat, they should not be forced into defending these situations exclusively. The best distribution of ground would allow for 1ACs to generate offense predicated upon imminent threats while also having to accept the consequences of a moral rule allowing for killing when there is no imminent threat. Perhaps the 1AC justifies an overly broad moral rule, and perhaps the 1NC is correct to prefer a more limited rule that only accounts for imminent threats. But, this is a reason why AFF ground is should be more expansive than some 1ACs contend. The problem with AFF interpretations isn't that they are allowed to use self-defense as a justification; the problem is that they are skirting their responsibility to defend the minority of circumstances in which there is no imminent threat.

Again, let empirics be your guide. While the 1AC should be afforded the advantages associated with self-defense situations, they should also be burdened by those comparatively more rare situations in which there are no imminent threat to trigger traditional notions of self-defense. This means that the 1NC can lobby for access to this ground, but they must weigh the implications of killing without imminent threat (in fewer circumstances) against the advantages of self-defense (the majority of circumstances). I believe that this is the most equitable and pedagogically sound distribution of ground. While I'm sensitive to the NC's position that self-defense is "impossible to answer," I think it is equally difficult to credibly affirm in a world where "self-defense" is entirely off the table. There must be some form of compromise, and I'd encourage debaters to pursue reasonable solutions (ideally before the round or during cross-examination) and exploring community norms on this question might make that effort a bit easier. At the very least, it will be a sad state of affairs indeed if the TOC is beset by these kinds of theoretical exchanges at the expense of topic-focused debate.

Paradigms and Principles: Offensive Arguments

This week I would like to discuss the following question:A. At what point is it appropriate to drop a debater for making an offensive argument rather than simply tanking their speaker points?

It’s difficult to go through an entire round on this topic without hearing an argument that is offensive or at least insensitive. That’s not terribly surprising – I have also found that in constructing arguments it is difficult to know what would cross the line or what might be hurtful to a debater or judge whose life has been affected by domestic violence.

This last weekend at VBT I judged a debater who argued that “The domestic violence is repeated, so it’s obviously not that bad,” and “they can just easily leave.” I doubt these comments were purposely insensitive, so I didn’t think it was appropriate to drop him on face. I did drop his speaker points to 23, though he still won the round. I explained the points after the round and why his comments were at least framed inappropriately, and he seemed receptive. All this got me to thinking about when it is appropriate to simply penalize offensive comments with speaker points versus using a more substantial sanction like dropping the debater. On the one hand it seems absurd to give a Win 23, and if comments are potentially hurtful to other debaters, spectators, and judges then it seems a meaningful penalty is warranted. On the other hand, where comments aren’t malicious, a less severe sanction (like dropping speaker points) may be sufficient to a) open the door for a conversation with the student about their remarks and b) notify their coach so that he or she can address the situation as well. Some would even argue that the judge should disregard such a comment unless a discourse argument is raised by the opposing debater.

So, at what point should a judge decide that an argument is so offensive that the debater should receive a loss for it? Obviously there are many contextual factors to consider – which do you feel are most important for judges to think about?