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How to Select a Value, Schemes and Mind Maps of Law

Law

Values such as freedom, justice, and peace cannot be touched, but people generally agree they know when those values are granted, denied, or restricted.

Typology: Schemes and Mind Maps

2022/2023

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How to Select a Value
In Lincoln-Douglas debate, we use values to
judge, whether or not something is good, right,
or of worth. Values can be an end in an of
themselves, as an ultimate aim of existence
such as peace on Earth, or a means of behavior
to reach that ultimate end, such as sacrifice.
Values are belief systems or principles. Like
attitudes, they are abstract and physically
intangible, but they affect behavior and impact
human interactions. Values such as freedom,
justice, and peace cannot be touched, but
people generally agree they know when those
values are granted, denied, or restricted.
When building a debate case, students usually
select one or two values which they consider
to be more important or more desirable than all
others based upon the resolution being argued.
Although there is no rule that says debaters
must select only one or two values, it becomes
increasingly difficult to defend more.
If the resolution argued were, "Resolved: That
the values contained in the First Amendment to
the U. S. Constitution ought to outweigh all
other legal values,” debaters
Should first ask them what is being evaluated.
What is it is that the First Amendment grants
citizens? If the First Amendment grants
individuals freedom of speech, press, and
religion, and assembly, then debaters need to
ask which values are at stake when judging the
worth of those freedoms? Why can First
Amendment freedoms be considered more
important than other legal values? Because
they guarantee civil rights, liberty, freedom of
choice, individualism, or quality r f life.
If building a negative case for the same reso-
lution, debaters might argue that equality or
fairness ought to be of ultimate value because it
is only when all individuals have equal access
to these freedoms or receive fair treatment
whereby all of society benefits.
'Clan’s Lincoln-Douglas Debate Resource Guide
Partial List of Values
Altruism
Cooperation
Duty
Equality of Condition
Equality of Opportunity
Equality of Results
Ethical Egoism
Feminism
Freedom
Human Dignity
Individualism
Justice/Fairness
Knowledge
Law & Order
Liberty
Life
Majority Rule
Meta-Rights
Minority Rights
Nationalism
Natural Rights
Peace
Pleasure
Privacy
Progress
Property
Pursuit of Happiness
Quality of Life
Retribution
Sacrifice
Safety/Security
Self-Actualization
Social Diversity
Sovereignty
Sympathy
Trust
Truth/Honesty
pf3
pf4
pf5

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How to Select a Value

In Lincoln-Douglas debate, we use values to

judge, whether or not something is good, right,

or of worth. Values can be an end in an of

themselves, as an ultimate aim of existence

such as peace on Earth, or a means of behavior

to reach that ultimate end, such as sacrifice.

Values are belief systems or principles. Like

attitudes, they are abstract and physically

intangible, but they affect behavior and impact

human interactions. Values such as freedom,

justice, and peace cannot be touched, but

people generally agree they know when those

values are granted, denied, or restricted.

When building a debate case, students usually

select one or two values which they consider

to be more important or more desirable than all

others based upon the resolution being argued.

Although there is no rule that says debaters

must select only one or two values, it becomes

increasingly difficult to defend more.

If the resolution argued were, "Resolved: That

the values contained in the First Amendment to

the U. S. Constitution ought to outweigh all

other legal values,” debaters

Should first ask them what is being evaluated.

What is it is that the First Amendment grants

citizens? If the First Amendment grants

individuals freedom of speech, press, and

religion, and assembly, then debaters need to

ask which values are at stake when judging the

worth of those freedoms? Why can First

Amendment freedoms be considered more

important than other legal values? Because

they guarantee civil rights, liberty, freedom of

choice, individualism, or quality r^ f^ life.

If building a negative case for the same reso-

lution, debaters might argue that equality or

fairness ought to be of ultimate value because it

is only when all individuals have equal access

to these freedoms or receive fair treatment

whereby all of society benefits.

'Clan’s Lincoln-Douglas Debate Resource Guide Partial List of Values Altruism Cooperation Duty Equality of Condition Equality of Opportunity Equality of Results Ethical Egoism Feminism Freedom Human Dignity Individualism Justice/Fairness

Knowledge

Law & Order

Liberty

Life

Majority Rule

Meta-Rights

Minority Rights

Nationalism

Natural Rights

Peace

Pleasure

Privacy

Progress

Property

Pursuit of Happiness

Quality of Life

Retribution

Sacrifice

Safety/Security

Self-Actualization

Social Diversity

Sovereignty

Sympathy

Trust

Truth/Honesty

Definitions of Values

Altruism - a regard for the welfare of others that

overrides concern for oneself. Ideally, altruism is

regarded as a selfless behavior, although arguments

against it sometimes claim that no behavior is entirely

altruistic, that there is always an underlying, self-serving

motive behind all actions. Altruism's counter-value

could be ethical egoism.

Cooperation - joint effort or association for a

common purpose. A spirit of cooperation is generally

called for when a scarcity of resources exists, when a

team effort is needed or when the results can be mutually

beneficial to all those participating. Cooperation usually

takes coordination, communication, and agreement, so

while a group effort can be time-saving and it can be

Argued that it is key to survival, individual choice and

self-will may have to be subjugated. A counter-value to

cooperation could be individualism.

Duty - moral or legal obligation or action that is

required by one's position, membership in a group or

society, or by conscience. It can be argued that if people

accept the benefits of membership, they also have a duty

or responsibility to the group. Laws can be used to

enforce a legal obligation, but they are generally

followed to avoid penalty. Instilling a moral duty in

people instead may promote voluntary, goal-oriented

compliance. In this case, moral duty and legal duty can

be counter-values, or the overall sense of duty to society

can be offset with the counter-value of individualism.

Equality can be defined in at least three

ways which can be used to counter each

other, or used to offset numerous other

values including justice and retribution.

1) Equality of Condition - fairness that grants the

same rights, privileges and immunities to people similarly

situated or in similar circumstances. Social welfare

programs are designed to enhance equality of condition.

Arguments against this are that by human nature, the

motivation and skills levels of people are different, so

conditions can never be equal, or that government inter-

vention to distribute benefits to the poor or elderly

amounts to paternalism... government treating adult

citizens like children-assuming they are incapable of

caring for themselves and perpetuating dependence.

2) Equality of Opportunity - fairness that grants

everyone the same chance to rise in the economic and

social system regardless of circumstances of birth. This

is the idea behind public education and a graduated

income tax. A major argument against equality of

opportunity is that it may be considered unfair to charge

or tax everyone to support social services if they do not

partake of them or directly benefit from them.

3) Equality of Results - fairness that occurs by

assuring that the ends are the same for all, regardless of

the means or conditions. By assuring equality of results,

everyone achieves the same goal or end, regardless of the

distance or effort it takes to reach that goal. The

argument can be made that this discourages individual

motivation and leads to mediocrity or even communism.

Ethical Egoism - the idea that all actions should be

taken only if they are good for oneself. Although this

initially sounds selfish as it seems to disregard the

welfare of others, it can be argued that ethical egoism is

actually enlightened selfishness because people would

never be motivated to perform actions against their own

best interests. People would not harm others just because

they felt like it because they know they might have to

suffer legal consequences or social ostracism, and that

would not be in their best interests. Counter-values could

be altruism, human love, or moral duty.

Feminism - the principle that women should have

political, economic, and social rights equal to those of

men. This is not just a cause promoted by women, but by

anyone proposing equal rights for all. A challenge to any

argument for equal rights can be that rights have to be

exercised and maintained to have substantial impact, not

just granted. Counter-values could be ethical egoism,

individualism, justice, majority rule, etc.

Nolan's Lincoln-Douglas Debate Resource Guide

More Values Meta-Rights - right lo waive ex- transfer basic rights to life, liberty or property. William Irvine, philosophy professor at Wright State University, wrote on page 486 of the December 1989 issue of The Freeman. "Basic rights are worth having because we can relinquish them." On the same page he provided this example: "Even my right to life is more valuable if I have the meta-right to waive this basic right Those who would deprive me of my meta- right to waive my right to life have done me a great disservice: They have transferred my right to live into a duty to remain alive." It can be argued that nobody has the right to waive life itself because in doing so, society could be deprived of a valued member, a slippery slope might occur where respect for all life declines, and if this happens, civilization will be destroyed. Counter-values to meta-rights could be duty or life. Minority Rights - a group with a smaller number of votes than the majority, or a racial, religious, ethnic or political group differing from the larger, controlling group in a community or nation. The voice of a minority serves as a Constitutional check on the power of the majority, and is considered crucial because it offers the criticism and alternative program suggestions that democracies thrive upon. The U. S. government has long attempted to operate on the principle of: "Majority rule, minority rights, and laws for the good of all." An argument against minority demands is that they can be unrealistic. Counter- values could be duty, ethical egoism, human dignity, or justice. Nationalism - devotion to one's nation in a union formed from bonds of geography, religion, language, custom, race, tradition, or shared experience. Especially Nationalism is stressed and valued. This makes the "America first" type argument. Taken to extremes, nationalism can develop into a real or imagined fear and shared hatred for others. Arguments against nationalism are that it is isolationist and ignores the interdependence of nations, offering tunnel vision rather than a global outlook. Counter-values could be altruism, ethical egoism, or duty to a world society. Natural Rights - John Locke referred to the rights to life, liberty, and property as natural rights, those basic rights with which a person is born. (Thomas Jefferson substituted pursuit of happiness for property). Both rs. n maintained that these were inalienable rights, not bestowed by any government, but issued at birth, and that without these, humans would not survive. As with human dignity, it can be argued that there may be times when other, more compelling moral claims require that the rights of the individual be subject to a duty to society or to cooperation for a common cause. For that reason, duty, cooperation, law & order, and sacrifice may be counter-values. Nolan's Lincoln-Douglas Debate Resource Guide Peace - state of harmony and freedom from war, public disturbance, or disorder. Arguments could be made from a Hobbesian viewpoint, that peace is against human nature, or that it simply does not last when resources are scarce. Counter-values might include justice, retribution, or safety/security. Pleasure - state of satisfaction that avoids pain and is self-gratifying. Taken to extremes, or if it ignores societal consequences, this value can seem hedonistic and self- centered. Counter-values to pleasure could be altruism, duty, or sacrifice. Privacy - the right to be let alone, to be free from unwarranted publicity, and to live without unwarranted interference by the public in matters with which the public is not necessarily concerned. The dilemma here is where a private issue ends, and a compelling public right to know begins. Counter-values could be justice, the right to know, law & order, or safety/security. Progress - belief that human nature can be improved and that society is moving toward a better form of life. Arguments against progress are that it sometimes creates such substantial harm that its costs exceed its benefits, as in the case with atomic and nuclear bombs. Even if we can develop a new technology, this doesn't necessarily mean that we ought to use it. Counter-values could be moral duty, knowledge, peace, or quality of life. Property - considered by John Locke to be one of the three essential natural rights along with life and liberty. Property is an individual's exclusive right to ownership and unrestricted use or disposition of objects and ideas that is protected by the government Arguments against property are that it may lead to an inordinate focus on materialism and may not be equitable. Counter-values could be altruism, justice, equality of condition or equality of results, quality of life, and sacrifice. Pursuit of Happiness - the right to seek satisfaction and contentment in life. Although John Locke said all men were born with natural rights to life, liberty and property, Thomas Jefferson emphasized in the Declaration of Independence that man's inalienable rights included life, liberty, and the pursuit of happiness. In this sense, the pursuit of happiness meant people had a right to pursue any lawful business or vocation in any manner they chose that was not inconsistent with recognizing the equal rights of others. Obviously, if one person's pursuit of happiness interferes with that of another, then conflict results, or it can be argued that there may be times when society's needs outweigh an individual's right to pursue happiness. This is why counter-values that emphasize societal rights or altruism, cooperation, duty, law & order safety/security, or sacrifice could be appropriate.

More Values

Quality Of Life - ranking or evaluation of a condition

existence in comparison to others in a similar social or,

civil position. Debaters can use this value in a dispute

regarding topics such as euthanasia, (when a terminally ill

patient is suffering) to determine whether biological

existence has value without a dignified quality of life and

whether or a not a patient should then be permitted to

determine that value. Arguments against this are that all

life should be considered worthwhile and that if a ranking

can be assigned to the worth of life, this will result in a

slippery slope to a devaluation of all life starting with the

mentally or physically impaired, the old, weak, or differ-

ent. The major counter-value to quality of life is life.

Retribution - a reward for doing some good or a pay

back or deserved punishment for committing a wrong. It

can be argued that retribution is a societal check necessary to

maintain law & order and a sense of fairness, and that it

allows for feedback and realignment of goals. It can be

opposed by insisting that individuals should be indepen-

dently motivated to act from a sense of moral duty, rather

than acting from fear or expectation of retribution.

Counter-values could be altruism, moral duty, or sympathy.

Sacrifice - to forego something of value for the sake of a

more pressing claim. For example, parents may sacrifice

entertainment today, to put money into a bank to

guarantee their children’s' higher education. Sacrifice for

future generations or deferred gratification is a common

claim of duty. The argument here, as in that against

altruism, is whether or not the sacrifice is wholly selfless in

motivation or a wise choice. Counter-values could be

quality of life today or pleasure.

"Safety/Security - the condition of being guarded from

internal or external danger, injury, or damage. Both

individual safety and the safety of the nation tend to be

highly valued as safety is one of man's most basic

motivators. Arguments against safety are that people can

avoid risk-taking to a foolish extreme because of it, violate

the sovereignty of other nations in its name whether a

threat is real or not, or place a disproportionate emphasis

on possessing the physical safety provided by having a

roof over their heads and a bed to sleep upon (which they

can have even in a jail cell), and forsaking the emotional

safety provided by such values as liberty or freedom.

Counter-values can be individualism, justice, the pursuit

of happiness or progress.

Self-Actualization - the complete development of

one's ambitions, or in essence, "being all that you can be."

One of the easiest, most pragmatic charges to make

against self-actualization is that very few people in the

population ever achieve this state, and if they do, that it

sometime$4esults after abusing others in society. Counter-

values could be cooperation or justice.

Nolan's Lincoln-Douglas Debate Resource Guide

Social Diversity - population made up of a variety of

people from different racial, ethnic, and cultural

backgrounds. In the U. S., social diversity has long been

regarded as strength, combining the best of multiple

worlds and the talents of numerous people. Arguments

against promoting diversity often center on the fact that

highlighting differences sometimes breeds intolerance

and impatience, and prevents acculturation. A counter-

value could be nationalism.

Sovereignty - a government position that is

independent from foreign control or intervention and has

the power to regulate its own affairs. Arguments can be

made that some governments are not capable of self-

regulation, or that some do not deserve sovereignty if

they violate the human rights of their own or other

citizens. Counter-values under certain conditions can be

cooperation and human dignity.

Sympathy - compassion, understanding, and pity for

the plight of others. If sympathy extends to mercy, it can

involve forgiveness for an offense or the lightening of a

sentence that would normally result in a harsher

punishment Arguments against sympathy could be that

it may not provide the societal check necessary to

maintain law and order or provide justice. Counter-

values could be justice and retribution.

Tolerance - state of recognizing and respecting views

or customs of others that are different from one's own;

being free of prejudice and bigotry. Although being

tolerant is allowing others to coexist and have their

beliefs, debaters can point out that under certain

conditions, tolerance is abhorrent and criminal. Or

Wrongful acts can have serious and permanent

consequences. Counter-values can be human dignity,

justice, and retribution.

Trust - belief or confidence in the honesty, integrity,

reliability, or justice of another person or an institution.

Having trust that is not misplaced allows a spirit of

cooperation to flourish, but if that trust is unwarranted, it

can lead to dependence and rapid decline. A counter-

value to trust could be knowledge.

Truth/Honesty - sincerity and genuineness, when

facts are in alliance with reality; not lying, stealing or

cheating, but rather adhering to ethical principles that are

expected; an incorruptible soundness of moral character.

Arguments against truth claim that truth is always

changing, that truth depends upon a person's perspective

that it is often hard to verify, and that it can be brutally

ruthless and have negative consequences on the people

involved. Counter-values to truth/honesty could be

ethical egoism, moral duty, and safety/security.