title stringlengths 0 221 | text stringlengths 0 375k |
|---|---|
arts human rights thbt social disgust legitimate grounds restriction artistic | Whilst it is the case in individual instances that, if one piece of art is censored, another on a different topic may be produced, when looked at in a wider context this is not the case. If we restrict artists in all cases where someone is disgusted, an enormous quantity of subjects will be off limits. This will have, not only a negative impact on that artist, but a deleterious effect on whole branches of art. Further, restricting any art that could cause social disgust is an unreasonable restriction to place upon society (or gallery curators, or grant allocation committees). It is difficult to know at what point a piece will cross the line from simply ‘provocative’ to ‘disgusting’. Consequently, people will be forced to err on the side of caution, leading to an excessive caution and restriction: overcensorship. When weighed against these harms, it is far from clear that individual disgust can be elevated to this extent! |
arts human rights thbt social disgust legitimate grounds restriction artistic | We have a duty to protect individuals from the worst reactions to art Those who see the artwork, or hear of it, must be considered. Often, social disgust stems from the violation of those values that are most central to an individual. An individual’s right not to have their most central values abused or ridiculed is surely of more importance than the desire of an artist to be entirely unrestricted in their work: the harm caused to individuals by the continuing acceptance by society, (and consequent exposure) of art they find disgusting, can be great, and the reasonable modern society recognises such harms and does not impose them unnecessarily. For example, the case of the Chapman brothers’ repeated use of Hitler and Nazi imagery: for the Chapmans the horror of WW2 might be distant and historical, and therefore for them the time may have come for Hitler to simply be mocked; however, for others that horror is altogether more current. Other people may feel a greater connection, for example, because of the impact on their close family, which cannot simply be ignored. In a situation like this, clearly the impact is infinitely more negative for that individual whose trauma is, in effect, being highlighted as now acceptable for comic material, than the positive gain is for the Chapmans: if restricted, they are simply caused to move on to other subjects. |
arts human rights thbt social disgust legitimate grounds restriction artistic | We are no less able to consent to art than we are to every other manifestation of individuality in society. We are similarly unable to consent to, but strongly impacted by, all sorts of things, from music videos and adverts to people dressed strangely on the street. However, as a society we accept that people’s core values ought to be robust enough to survive challenges in the public sphere: we allow debate, art and music on many topics that have enormous personal ramifications, from euthanasia to deportation. As a consequence, it is only legitimate to restrict the worst excesses, whose impact can be measured objectively, before display: we set rules in this regard restricting the worst instances of, for example, exploitation and pornography. Further, those who are worst affected can self-limit their exposure: it is rare that people are entirely unaware of the existence of a controversial piece of art, and as such people can choose not to view it, or to view it only briefly. They should not have the right to prevent everyone else from seeing such a piece. |
arts human rights thbt social disgust legitimate grounds restriction artistic | Just shock-tactics, at the cost of better art Sometimes artists go too far in a bid to get their message across. Simply grabbing the headlines with shock tactics does not constitute art of the sort that should be receiving either public support or attention. It is important to recognise that public displays and funding of art are limited commodities, so every time one piece is chosen for an exhibition, or an artist is given money, this comes at the cost of other possible pieces of art. It is surely better to support those artists who have chosen to express their ideas and messages in a way that does not rely on simple attention-grabbing horror: it is surely more artistically meritorious to create a work that conveys its message in a way that rewards close attention and careful study, with layers of meaning and technique. |
arts human rights thbt social disgust legitimate grounds restriction artistic | Who determines whether something is too disgusting? It is also hard to separate a piece of work’s artistic merit from its impact. It is perfectly possible for a work of art to display great technical competence, and yet fail to have an emotional impact on its audience, and so as a consequence it seems most sensible to allow, display and fund as wide a display of art as possible. Limiting the forms of art that we display or give funding to those considered ‘artistically meritorious’ will result in the loss of innovation in the art world: if we only encourage those pieces that are ‘good’ under present-day metrics, we lose those pieces of art that, though considered controversial, or ‘not art’ now, may in the future be considered masterpieces (e.g. Picasso’s Guernica). |
arts human rights thbt social disgust legitimate grounds restriction artistic | The power of the visual Art differs from other forms of media with regard to the expression of ideas. Unlike other methods of conveying ideas, art has a visceral impact that is instant and has a lasting effect. In a discussion, for example, there are often clues that ideas that might make people feel uncomfortable are about to arise. Thus, people are in a better position to consent to the sorts of challenges controversy within a conversation may pose (similarly, we tend to look more positively on taboo subjects raised within a conversational context than we do when they are, for example, shouted about in the street). In the case of art, particularly that which is displayed in public spaces (like squares, parks and museums) people are unable to consent in this way, but rather, may be confronted suddenly by something that they find disgusting, because it has forced them to confront something they find horrific or traumatic, in a manner which has a great impact, and that, because of the power of the visual, they find difficult to forget. |
arts human rights thbt social disgust legitimate grounds restriction artistic | Social change does not come from pieces of art. It comes from real, concrete political action and struggles, over time. It is unclear, therefore, why it should not be the case that we ought first to campaign for changes to society, and then display (newly) acceptable art reflecting upon the changes we have made. To do otherwise is to suggest that artists should be allowed special dispensation to run ‘ahead’ of the norms the rest of us feel bound by: note that it is not always the case that disgusting art later becomes acceptable. Not all transgressions are for the sake of future changes to society; some simply remain transgressions. |
arts human rights thbt social disgust legitimate grounds restriction artistic | First, it seems implausible that there are ideas that can only be conveyed by instant, emotional responses. It must surely be possible to convey these ideas in other ways. Second, it is unclear why it is so important that these reactions are provoked: surely if something is incredibly shocking it is that way for a reason? Something cannot provoke social disgust without taking a clear stride over the line of what we consider to be acceptable in society. The taboos that exist in society are not meaningless: rather, they express inviolable values that are present throughout time, and in many different societies. |
arts human rights thbt social disgust legitimate grounds restriction artistic | Freedom of speech Artists ought to be allowed to express themselves, and display the world they see, as they see it. Freedom of speech is considered integral to the modern democracy, and with good reason! Free speech makes a vital contribution to a plurality of ideas. It is only when a great number of ideas are expressed and challenged, such that people’s beliefs remain fluid, and can be formed and reformed, that we are able to arrive at such a point where we are likely to progress. This ‘marketplace of ideas’ prevents us from stagnating; from continuing harmful practices and modes of thought simply because they are traditional. The more free speech is limited, the less able we are to access this plurality of ideas, and thus the less able we are to truly challenge harmful habits. |
arts human rights thbt social disgust legitimate grounds restriction artistic | Restriction based on social disgust prevents socially liberal ideas from flourishing Great, socially liberal movements have always been controversial, and always been supported, encouraged and propagated by art. Art is a realm wherein an artist’s expression is less limited by social structures (like the necessity of pleasing your box; of being ‘commercially viable’). Subsequently it has easily, and often, been utilised as a means of changing public opinion. Some of these movements, for example, the breaking down of stereotypes and norms surrounding sexuality (in particular female sexuality) and gender that Sarah Lucas, Tracey Emin and others contributed to in the liberalising 80s and 90s, attract social disgust. In any situation where a taboo is being attacked, this will happen. The converse however, is not the case: it is almost impossible to provoke social disgust by maintaining the status quo. As a result, restriction of art that provokes social disgust will disproportionately attack the socially liberal, and thus help to maintain the status quo, regardless of whether it is worthy of such protection. |
arts human rights thbt social disgust legitimate grounds restriction artistic | Social disgust can be central to artwork Some forms of art rely strongly on the provocation of disgust or other strong reactions. For example, conceptual artists often rely heavily upon the provocation of strong emotions in the viewer as a way of drawing attention to important, taboo areas (e.g. death, religion and sexuality). If they are banned from doing this, then we lose an entire branch of art: we are left instead with forms of art that choose not to engage with these areas at all. Particularly in cases where people want to draw attention to what they see as unnecessary taboos, shock is integral. For example, the work of Sarah Lucas explored taboos surrounding sexuality and gender: her work drew attention to stereotyping and taboo in a way that (necessarily) many people found disgusting. Further, it is possible to critically engage with that disgust. It is wrong to assume that the end point of a provocative piece of art is “oh, I’ve been provoked”. Rather, this emotional first response is only the beginning when it comes to the contemplation of that work. Thinking about the reasons for your disgust, and its context, allows us a greater insight into the work, which if you believe ideas are central to pieces of art (which conceptual artists do) is vital. |
arts human rights thbt social disgust legitimate grounds restriction artistic | Freedom of speech is evidently not an absolute right: it is not something that we consider to be inviolable and able to ‘trump’ all other rights. Note, for instance, that many countries have restrictions on freedom of speech preventing hate speech and other transgressions. We can, therefore, limit freedom of speech in instances where the benefits outweigh the harm: the benefit in this instance being the prevention of harm to individuals as a result of the art. |
arts science censorship ip digital freedoms access knowledge house believes all | There are many ways to correct for the dearth of some works on the market such as orphan works. By simplifying copyright law, reducing lengths of copyright and more robust searches for legal provenance can all help correct for the shortfalls without eroding an important part of law and material rights. Or indeed the law might be revised simply to free works that have unclear ownership from copyright by default. Creators should retain, no matter how annoying it may be to would-be enjoyers of their work, control over their artistic output. Artists’ creations are fundamentally their own, not the property of the state or society. |
arts science censorship ip digital freedoms access knowledge house believes all | The default of total copyright is harmful to the spreading of information and experience Current copyright law assigns too many rights, automatically, to the creator. Law gives the generator of a work full copyright protection that is extremely restrictive of that works reuse, except when strictly agreed in contracts and agreements. Making Creative Commons licenses the standard for publicly-funded works generates a powerful normalizing force toward a general alteration of people’s defaults on what copyright and creator protections should actually be like. The creative commons guarantees attribution to the creator and they retain the power to set up other for-profit deals with distributors. [1] At base the default setting of somehow having absolute control means creators of work often do not even consider the reuse by others in the commons. The result is creation and then stagnation, as others do not expend the time and energy to seek special permissions from the creator. Mandating that art in all its forms be released under a creative commons licensing scheme means greater access to more works, for the enrichment of all. This is particular true in the case of “orphan works”, works of unknown ownership. Fears over copyright infringement has led these works, which by some estimates account for 40% of all books, have led to huge amounts of knowledge and creative output languishing beyond anyone’s reach. A mix of confusion over copyright ownership and unwillingness of owners to release their works, often because it would not be commercially viable to do so, means that only 2% of all works currently protected by copyright are commercially available. [2] Releasing these works under creative commons licenses will spawn a deluge of enriching knowledge and creative output spilling onto the market of ideas. It would mark a critical advancement in the democratization and globalization of knowledge akin to the invention of the printing press. [1] Creative Commons. “About the Licenses”. 2010. [2] Keegan, V. “Shorter Copyright Would Free Creativity”. The Guardian. 7 October 2009. |
arts science censorship ip digital freedoms access knowledge house believes all | Choosing to release one’s work into the viral market may be a shrewd business and artistic move, or it might not. All of this depends on the individual artist and the individual work. Nine Inch Nails both has the money that they can afford to take the risk and the name recognition that means they can be sure some fans will purchase the music, this is not the case with most artists. Thus the decision can really only be made effectively and fairly by the artists themselves. Trying to usurp that choice through a state mandate only serves to undermine the artist’s creative vision of how he or she wishes to portray and distribute their work to the world. |
arts science censorship ip digital freedoms access knowledge house believes all | Intellectual property is a legal fiction created for convenience in some instances, but copyright should cease to be protected under this doctrine An individual’s idea only truly belongs solely to them so long as it rests in their mind alone. When they disseminate their ideas to the world they put them in the public domain, and should become the purview of everyone to use. Artists and creators more generally, should not expect some sort of ownership to inhere in an idea they happen to have, since no such ownership right exists in reality. [1] No one can own an idea. Thus recognizing something like a property right over intangible assets is contrary to reason, since doing so gives monopoly power to individuals who may not make efficient or equitable use of their inventions or products. Physical property is a tangible asset, and thus can be protected by tangible safeguards. Ideas do not share the same order of protection even now because they exist in a different order to physical reality. However, some intellectual property is useful in encouraging investment and invention, allowing people to engage their profit motives to the betterment of society as a whole. To an extent one can also sympathize with the notion that creators deserve to accrue some additional profit for the labour of the creative process, but this can be catered for through Creative Commons non-commercial licenses which reserve commercial rights. [2] These protections should not extend to non-commercial use of the various forms of arts. This is because art is a social good of a unique order, with its purpose not purely functional, but creative. It only has value in being experienced, and thus releasing these works through creative commons licenses allows the process of artistic experience and sharing proceeds unhindered by outmoded notions of copyright. The right to reap some financial gain still remains for the artists, as their rights still hold over all commercial use of their work. This seems like a fair compromise of the artist’s right to profit from their work and society right to experience and grow from those works. [1] Fitzgerald, Brian and Anne Fitzgerald. Intellectual Property: In Principle. Melbourne: Lawbook Company. 2004. [2] Walsh, K., “Commercial Rights Reserved proposal outcome: no change”, Creative Commons, 14 February 2013, |
arts science censorship ip digital freedoms access knowledge house believes all | Although ideas are not tangible intellectual property generally, and copyright in particular, is far from a fiction. Rather it is a realization of the hard work and demiurgic force that sparks the generation and fulfilment of artistic endeavour. The property right assigned over these things to their creators is a very real one that recognizes their fundamental right over these works as owners, and the right to profit from them. The artist must have the right to prevent even non-commercial use of the idea if it is to maintain its value and so retain for the creator the ability to commercialise it. These protections are critical to the moral understanding of all property and must be rigorously protected, not eroded for the benefit of some nebulous notion of social good. |
arts science censorship ip digital freedoms access knowledge house believes all | It may be costly and sometimes ineffective to police copyright, but that does not make them any less of a right worth protecting. If artists or firms feel that they might benefit from fighting infringers of their rights, they should have the right to do so, not simply be expected to roll over and give in to the pirates and law breakers. The state likewise, has an obligation to protect the rights, physical and intangible, of its citizens and cannot give up on them simply because they prove difficult and costly to enforce. Furthermore, the ensuring health of the economy is a primary duty of the state and this means aiding its domestic businesses and one of the ways it does that is by acting to enforce copyright both internally and if possible externally. |
arts science censorship ip digital freedoms access knowledge house believes all | The creative commons is a more effective means for artists to build and expand their reach and markets than traditional copyright licensing arrangements The nature of the internet and mass media on the 21st century is such that many artists can benefit from the freedom and flexibility that creative commons licenses furnish to them. Wider use by other artists and laymen alike helps artistic works “go viral” and to gain major impact that allow the artist to generate a name for his or herself and to attain the levels of earnings conventional copyrights are meant to help artists generate but that ultimately hamstring them. A major example of this is the band Nine Inch Nails, which opted in 2008 to begin releasing its albums through the creative commons. [1] Creative commons licenses are so remarkable because they can be deployed by artists to expand their markets, and to profit even more from their greater recognition. After all, the artists still retain control of the commercial uses of their work and are guaranteed under creative commons licensing regulations to be credited by users of their content. [2] Giving undue artistic and distribution control to the artists through constricting and outmoded copyright may mean less significant reach and impact of the work. The state should thus facilitate the sharing by mandating the distribution of art of all kinds under creative commons licenses. [1] Anderson, N., “Free Nine Inch Nails albums top 2008 Amazon MP3 sales charts”, arstechnica, 7 January 2009, [2] Creative Commons. “About the Licenses”. 2010. |
arts science censorship ip digital freedoms access knowledge house believes all | The costs of monitoring copyright by states, artists, and lawyers far outweigh the benefits, and is often simply ineffective The state incurs huge costs in monitoring for copyright infringement, in arresting suspected perpetrators, in imprisonment of those found guilty, even though in reality nothing was stolen but an idea that, once released to it, belonged to the public domain more or less. [1] Furthermore, the deterrent effect to copyright piracy generated by all the efforts of the state and firms has proven generally minimal. In fact, the level of internet piracy of books, music, and films has increased dramatically year on year for several years, increasing by 30% in 2011 alone. [2] This is because in many cases copyright laws are next to unenforceable, as the music and movie industries have learned to their annoyance in recent years, for example ninety percent of DVDs sold in China are bootlegs while even western consumers are increasingly bypassing copyright by using peer to peer networks. [3] Only a tiny fraction of perpetrators are ever caught, and though they are often punished severely in an attempt to deter future crime, it has done little to stop their incidence. Copyright, in many cases, does not work in practice plain and simple. Releasing works under a creative commons licensing scheme does a great deal to cope with these pressures. In the first instance it is a less draconian regime, so individuals are more willing to buy into it as a legitimate claim by artists rather than an onerous stranglehold on work. This increases compliance with the relaxed law. Secondly, the compliance means that artists are given the vocal crediting under the license rules that gives them more public exposure than clandestine copying could not. Ultimately this adaptation of current copyright law would benefit the artist and the consumer mutually. [1] World Intellectual Property Organization. “Emerging Issues in Intellectual Property”. 2011 [2] Hartopo, A. “The Past, Present and Future of Internet Piracy”. Jakarta Globe. 26 July 2011. [3] Quirk, M., “The Movie Pirates”, The Atlantic, 19 November 2009, |
arts science censorship ip digital freedoms access knowledge house believes all | Few artists ever see much profit from their work anyway, many choosing the life of bohemian squalor in order to keep producing art rather than taking up more profitable pursuits. Vincent van Gogh sold almost nothing, but his drive to create never abated. No doubt the true artists will continue to feel the urge to create under this policy, and the loss of a few marginal cases must be weighed against the massive losses to art in general, such as the huge curtailment of exploration of and response to existing works, which are often artistically meritorious in their own right, and also the rendering unavailable of much of the artistic output of the world. |
arts science censorship ip digital freedoms access knowledge house believes all | People deserve recompense for their work, but the stifling force of current copyright prevents the proper sharing and expansion of the artistic canon, to the intellectual and spiritual impoverishment of all. Creative commons licenses strike an important balance, by leaving artists with the power over commercial uses of their work, including selling it themselves, while permitting it to permeate the public sphere through non-commercial channels. This is the best way to weigh these competing needs in a complex society. It is not preventing the creator from profiting from his work. It is not a total abrogation of people’s rights, but a giving over of some rights for the benefit of all. |
arts science censorship ip digital freedoms access knowledge house believes all | Artists should retain the right to control their work’s interaction with the public space even if their work is publicly funded Art is the expression of its creator’s sense of understanding of the world, and thus that expression will always have special meaning to him or her that no amount of reinterpretation or external appreciation can override. How a work is used once released into the public sphere, whether expanded, revised, responded to, or simply shown without their direct consent, thus remains an active issue for the artist, because those alternative experiences are all using a piece of the artist in its efforts. Artists deserve to have that piece of them treated in a way they see as reasonable. It is a simple matter of justice that artists be permitted to maintain the level of control they desire, and it is a justice that is best furnished through the conventional copyright mechanism that provides for the maximum protection of works for their creators, and allows them to contract away uses and rights to those works on their own terms. Many artists care about their legacies and the future of their artistic works, and should thus have this protection furnished by the state through the protection of copyright, not cast aside by the unwashed users of the creative commons. Samuel Beckett is a great example of this need. Beckett had exacting standards about the fashion in which in his plays could be performed. [1] For him the meaning of the art demanded an appreciation for the strict performance without the adulteration of reinterpretation. He would lack that power under this policy, meaning either the world would have been impoverished for want of his plays, or he would have been impoverished for want of his rights to his work. These rights are best balanced through the aegis of copyright as it is, not under the free-for-all of the creative commons license. [1] Catron, L. “Copyright Laws for Theatre People”. 2003. |
arts science censorship ip digital freedoms access knowledge house believes all | Artists often rely on copyright protection to financially support themselves and their families Artists as they are often not paid for anything else may rely on their creative output to support themselves. This is certainly no crime, and existing copyright laws recognize this fact. Artists often rely wholly on their ability to sell and profit from their work. This policy serves to drain them of that potential revenue, as their work is shunted into creative commons, and available to all. Artists often also have families to support, and putting the added financial burden on them of stripping them of their copyright only serves to further those problems as they exist. A robust system of copyright is a much better protection to struggling and successful artists alike who like all talented individuals seek to assuage their material wants. Artists cannot live on appreciation alone. With much less secure copyright many would have to find other work. |
arts science censorship ip digital freedoms access knowledge house believes all | The lack of control over, and profit from, art will serve as a serious disincentive to artistic output Profit is as much a factor in artists’ decision to produce work, if not more so, than the primordial urge to create. Without the guarantee of ownership over one’s artistic work, the incentive to invest in its creation is certainly diminished. Within a strong copyright system, individuals feel free to invest time in their pursuits because they have full knowledge that the final product of their labours will be theirs to enjoy. [1] Without copyright protections the marginal cases, like people afraid to put time into actually building an installation art piece rather than doing more hours at their job, will not opt to create. If their work were to immediately leave their control, they would most certainly be less inclined to do so. Furthermore, the inability of others to simply duplicate existing works as their own means they too will be galvanized to break ground on new ideas, rather than simply re-tread over current ideas and to adapt existing works to markets. Art thrives by being new and original. Copyright protections shield against artistic laziness and drive the creative urges of the artistically inclined to ever more interesting fields. [1] Greenberg, M. “Reason or Madness: A Defense of Copyright’s Growing Pains”. John Marshall Review of Intellectual Property Law. 2007. |
arts science censorship ip digital freedoms access knowledge house believes all | Artists have a fundamental property right over their creative output Whatever the end product, be it music, film, sculpture, or painting, artistic works are the creations of individuals and a property right inheres within them belonging to their creators. An idea is just an idea so long as it remains locked in someone’s mind or is left as an unfinished sketch, etc. But when the art is allowed to bloom in full, it is due to the artist and the artist only. The obsession, the time, the raw talent needed to truly create art is an incredible business, requiring huge investment in energy, time, and effort. It is a matter of the most basic, and one would have hoped self-evident, principle that the person who sacrificed so much to bring forth a piece of art should retain all the rights to it and in particular have the right to profit from it. [1] To argue otherwise would be to condone outright theft. The ethereal work of the artist is every bit as real as the hard work of a machine. Mandating that all forms of art be released under a creative commons license is an absolute slap in the face to artists and to the artistic endeavour as a whole. It implies that somehow the work is not entirely the artist’s own, that because it is art it is somehow so different as to be worthy of being shunted into the public sphere without the real consent of the artist. This is a gross robbing of the artist’s right over his or her own work. If property rights are to have any meaning, they must have a universal protection. This policy represents a fundamental erosion of the right to property, and attacks one sector of productive life that is essential for the giving of colour to the human experience. This policy serves only to devalue that contribution. [1] Greenberg, M. “Reason or Madness: A Defense of Copyright’s Growing Pains”. John Marshall Review of Intellectual Property Law. 2007. |
arts science censorship ip digital freedoms access knowledge house believes all | Artists rarely make all that much money in the first place, and a great many only work as an artist part time. More importantly, they can still profit from their art, since they retain exclusive commercial rights to their work. Oftentimes they will actually benefit from operation under a creative commons license because it provides wider dispersal of their work, which builds a broader name and market for their work. |
arts science censorship ip digital freedoms access knowledge house believes all | Upon entering the public arena works of art take on characters of their own, often far different than their original creators did, or could have, imagined. The art is consumed, absorbed, and reimagined and takes on its own identity that the artist cannot claim full ownership over. It is important that art as a whole be able to thrive in society, but this is only possible when artists are able to make use of, and actively reinterpret and utilize existing works. That art does, due to its origination belong more to the people, who should have access, even if the artist, like Beckett has bizarrely rigorous feelings about the work. |
media modern culture television gender house would ban sexist advertising | Bans on sexist advertising will not necessarily solve the harms presented and could instead cause harm to businesses through restricting their ability to compete for audiences and consumers. Gender differences and beliefs about sex existed before advertising. There is no certainty changing the content of ads would bring about change within individual societies and cultures which have their own independent attitudes. Cultures have a right to their own ideals and own values. |
media modern culture television gender house would ban sexist advertising | Women have a right to be free of stereotyping. Women's rights to be free from stereotyping, prejudice, discrimination and objectification should be a matter of deep concern as they infringe on human rights related to gender. Advertising messages influence younger generations as well as send stereotypical images of men. As a result the objectification and violence against women will continue. Gender inequality and sexual harassment in the work place is not likely to diminish.1 This means that women will continue to suffer from discrimination based upon their gender. 1 Newswise.com, "Study Find Rise in Sexualized Images of Women." 2010 |
media modern culture television gender house would ban sexist advertising | All types of messages are prevalent and advertisements do not possess any more influence than news or entertainment programming. Advertising is simply integral to pubic space messages and represents the increase of all messages through the advancement of technologies. Advertising is also necessary to support all of types of other mediated messages like news, politics, and entertainment. Additionally, due to the overload of messages of all kinds, consumers learn to screen out and limit their reception of information. Through technology, a viewer can eliminate advertisements from program content. |
media modern culture television gender house would ban sexist advertising | Sexist advertising is harmful to society, especially women. Sexist advertising harms women through objectification and diminishing of self-image. The United Nations Convention to Eliminate Discrimination Against Women (CEDAW) links stereotypes about women to prejudice based on gender.1 Through visual and verbal messages women are portrayed as subservient to men. Women are seen increasingly as sex objects and these ads legitimize violence against women.2 Sexist advertising also harms women's self-image by portraying an ideal stylized body.3 The implied message is that consumers should seek to acquire these images even if they are contrary to the reality of body types and features. Eating disorders and obsessive beauty products consumption results in order to attain ideal beauty images presented in the media.4 Sexist ads also harm men through stereotyped images of masculinity.5 1 Object.Org. "Women not Sex Objects." 2011/ August 24 2 Newswise.com. "Study Find Rise in Sexualized Images of Women." 2011/08/10 3 Kilbourne, Jean. "Beauty... and the Beast of Advertising " |
media modern culture television gender house would ban sexist advertising | Sexist advertising reflects current social attitudes. Attitudes and perceptions are based on culturally specific values and beliefs. It is difficult to determine a universal definition of harm and sexist advertising to determine if harm occurs. Some studies have been questioned regarding their rigor in examining the direct link from advertising to violence against women.1Violence to women is not debatable but the cause of that violence is. In addition, studies related to body image and beauty are often restricted to those sharing certain genetic characteristics yet biological differences exist between women. What is an idealized body image exactly? Some current advertising has broadened images of women to include a variety of body types, cultures, and ages to define beauty outside traditional stereotypes. Advertising also portrays women in roles of power and success and not always as sex objects as claimed. 1 Young,Toby. "The Home Office report on child sexualisation is a 100-page Cosmopolitan article." Telegraph.com. 2010/February 26 |
media modern culture television gender house would ban sexist advertising | Policies which ban will interfere with business practices, restrict free expression, and be are difficult to standardize. If ads do not sell, they will be rejected and when ads are effective they are likely to continue in pursuit of gaining consumers. Business has the right to set business practices which work for them. Restricting the content of advertising restricts free expression. In fact, Sweden rejected a ban on sexist advertising because it was believed to restrict free expression.1 1 Holmes, Stefanie. "Scandinavian split on sexist ads" BBCNews |
media modern culture television gender house would ban sexist advertising | Since advertising is pervasive in mediated messages, it has the power to influence social attitudes. Adverts occupy more public space than ever before in history. Due to technology, public space is global and ads can been seen around the world, in 2009 the UK became the first major economy where advertisers spend more on internet advertising than on television advertising1. Through such dominance, ads contribute to attitudes and values. Due to their power to influence attitudes within a society, serious attention should be paid to the content of advertising. 1 Sweney, Mark, 'Internet overtakes television to become biggest advertising sector in the UK', The Guardian, 30 September 2009 |
media modern culture television gender house would ban sexist advertising | Policies should be established which ban the promotion of sexist attitudes in advertising. Norway and Denmark have already developed policies to restrict sexist advertising1. In 2008, the UN Committee to Eliminate Discrimination Against Women calls upon states to taken action and in particular the United Kingdom government to address this issue.2 In May of 2011 Parliamentary Assembly of the Council of Europe 's Committee on Equal Opportunity for Women made a case for sexist advertising as a barrier to gender equality. In that report standards were presented and methods to cope with sexist advertising were suggested.3In Australia a government advisory board has developed a list of principles to guide both advertising and the fashion industry.4 1 Holmes, Stefanie. "Scandinavian split on sexist ads." BBC news. 2008/April 25 accessed 2011/08/25 2 Object.com. "Women are not Sex Objects." 3 Parliamentary Assembly of 26 May 2011, The Council of Europe. 4 Kennedy, Jean. "Fashion Industry asked to adopt body image code." ABCNews. 2010/June 27 |
media modern culture television gender house would ban sexist advertising | Even though some businesses have responded to public opinion, there are sufficient international commitments which address gender inequality in all societies. The Universal Declaration of Human rights and subsequent conventions have acknowledged the overwhelming need to set policies and practices into motion which deal with the rights of women and children. Waiting upon the private sector to respond to needed changes in social attitudes which demean certain groups of citizens, is to slow, too inefficient, and until actions are taken does not solve the inherent problems we have discussed. Eating disorders, diminished self images, and the promotion of women as sexual objects has immediate harms for women and influences the socialization of children. Men as well suffer from stereotypes about attractiveness, body images, and sexuality. Therefore problems created from sexist advertising need to be addressed now rather than around the hope that business fuelled by its concern for profit will take appropriate action to create and design ads that avoid sexist advertising. Advertising campaigns need to be planned with standards in mind not simply wait for public response when ads have be found offensive. The California Mild board example you provide illustrates this after-the-fact approach. |
media modern culture television gender house would ban sexist advertising | Although business has a compelling self interest to make a profit and advertising is integral to that endeavour, business does not necessarily sacrifice its profit when curbing sexist advertising. If messages are harmonizing with social attitudes, then advertising which appeals to the greater good of gender equality does not necessarily harm but could enhance business credibility. The Benneton ads have often embraced a social consciousness to promote the public good while making a profit. The affirmative has acknowledged that for advertising to be effective they have to connect to values held within the community. As more awareness develops about the negative influence of sexist advertising, business is likely to benefit from the banning of sexist ads. |
media modern culture television gender house would ban sexist advertising | Sexist advertising is subjective so would be too difficult to codify. Effective advertising appeals to the social, cultural, and personal values of consumers. Through the connection of values to products, services and ideas, advertising is able to accomplish its goal of adoption. Failure to make meaningful appeals to audience members seriously diminishes the outcomes of marketing. Since differing beliefs about beauty, body types, sexuality, and gender roles exist across societies and cultures, universal definitions of sexist advertising are too difficult to determine. As an example, biological differences exist between women and what may be considered excessively thin in one society may not be so in another. Any type of censoring calls into questions such as who will censor and how will such censorship be applied. The development of standards could favour cultural imperialism. Therefore, sexist advertising is too difficult to codify. |
media modern culture television gender house would ban sexist advertising | Individuals have a choice and right to respond to ads and their meaning. Consumers have a choice to expose themselves to advertising through their own personal behaviour. Advertisements can be ignored by the consumer and deleted at will. Interpretation of the ad depends on the attitudes of the receiver. The purchase and consumption of beauty products is the personal choice of a buyer. How ads attract and influence is determined by individual beliefs and values of the audience member. Some feminists believe that institutional power structures set up a "victim" mentality in women and fail to empower them by placing dependence upon power structures to make choices for women.1 If consumers wish to embrace the ideals or values represented in ads, this should be their choice. Therefore the right to self determine one's consumer behaviour should be left to the individual. 1 Thomas, Christine. "The New Sexism." Socialism Today, Issue #77. 2003/September |
media modern culture television gender house would ban sexist advertising | Any changes in advertising should come from businesses themselves rather than through banning. Banning requires a legal framework and enforcement mechanism. External organizations interfere with the ability of business to conduct business. Should the social cultural environment change, businesses are likely to respond to the attitudes of their consumers. A recent change in the California Milk Board's website occurred due to public pressure.1 Social corporate responsibility is another possibility which business could embrace if changing social attitudes develop.2Banning is a repressive method which interferes with competition. Self determined methods should be allowed to competitors in the economic marketplace. Therefore, any changes in advertising should come from the business community rather than through banning. 1 Kumar, Sheila. "Milk Board Alters Sexist PMS-Themed Ad Campaign." The Huffington Post. 2011/July 22. 2 Skibola, Nicole. "Gender and Ethics in Advertising: The New CSR." Forbes.com. 2011/August 4 |
media modern culture television gender house would ban sexist advertising | Sexist advertising is profitable Business has a compelling self interest to make a profit and advertising is integral to that endeavour. The profit from business allows for economic growth without which individual states and the world's economy could not survive. Competition drives the marketplace of products and ideas. And, advertising is the primary method through which those products, services and ideas are made known to the public. When banning is placed upon advertising, the ability to compete and survive in the economic marketplace is threatened. Therefore, the compelling need to make a profit is legitimizes the need for advertising. |
media modern culture television gender house would ban sexist advertising | It is true that individuals do have the right to consume media and have some power over how they perceive and respond to media. However, since the nature of advertising is always planned for public consumption, then ads contribute to existing attitudes inside a person. When slaves in the U.S. were marketed and sold according to the content of advertising, a social system was being perpetrated. When the injustices of slavery were acknowledged both the business and the marketing of slaves ceased to exist. When the greater social good of justice is held over individual choice, social good should prevail. Advertising which demeans the value of certain groups of citizens is not appropriate for the public marketplace. Although Individual choice and freedom of choice are to be valued, public messages by the nature of their public audience, must serve the greater society. Pornography in the public airways is often regulated and banned because it is seen as potentially harmful to women and children of a society. Due to the public nature of advertising then, the greater society has a more important right than that of individuals. |
media modern culture television gender house would ban sexist advertising | Although there is a claim that sexist advertising is to difficult to codify, such codes have and are being developed to guide the advertising industry. These standards speak to advertising which demeans the status of women, objectifies them, and plays upon stereotypes about women which harm women and society in general. Earlier the Council of Europe was mentioned, Denmark, Norway and Australia as specific examples of codes or standards for evaluating sexist advertising which have been developed. |
traditions law human rights international law society family house would require | Opposition agree that the culture and law of a nation has a prodigious impact on the conscience of its civilians. However, according to Alcinda Honwana, an anthropologist and authority on the topic of child soldiers, the problem does not "have its roots in African traditional culture." [i] Although culture has an impact on society, the issue of child soldiers is not affiliated with it. Side proposition implied that conscripting children should be excusable if it is permitted by an authoritative body of local law. However, are laws based on value-sets that do not aspire to an accessible law making process more valid than the abiding law of that nation? No. Side opposition believe that the "rule of law is a legal maxim according to which no one is immune to the law.” The fundamental purpose of government is the maintenance and promotion of basic security and public order. Without it the nation will deteriorate. The proposition mentioned the Democratic Republic of Congo as an example. The DRC signed the “Convention on the Rights of the Child” on 21 September 1990. During this time era, Congo was not a declared democracy. However they have hitherto developed a more democratic and stable government. Additionally, DRC has not withdrawn from the Convention on the Rights of the Child, thus accentuating the fact that they are strongly against conscription of children. Being oblivious of the fact that conscripting child soldiers is illegal is no defence. As side opposition’s substantive material will show, both national and international systems of law are expected to take account of the fact that cultural, environmental and social plurality will lead to variable rates of compliance with particular laws. While it may be difficult to make community leaders liable for the creation of child soldiers, the ICC frequently seeks to make officials linked to state actors liable for failing to protect children from military recruitment [ii] . Moreover, cultural relativism originally assumed some degree of parity and open exchange between communities with diverging cultural values. There is no parity between the value-sets of stable liberal democratic states and the adaptations that vulnerable cultures undergo in order to survive amongst prolonged military conflict. Finally, it would damage the reputation and reduce the efficiency of the ICC if states were permitted to argue that regions in which child soldiers were active had an established tradition of military activity among the young. [i] “Children’s Involvement in War: Historical and Social Contexts”, Alcinda Honwana, The Journal of the history of Childhood and Youth, Vol 1 2007 [ii] The Prosecutor v Thomas Lubanga Dylio, The International Criminal Court, |
traditions law human rights international law society family house would require | The failure of rule of law As the anthropologist and lawyer Sally Falk-Moore observed “law is only ever a piecemeal intervention by the state in the life of society.” [i] Laws are, ultimately, social norms that are taught, enforced and arbitrated on by the state. The value of these norms is such that they are deemed to be a vital part of a society’s identity and the state is entrusted with their protection. However, this ideal can be difficult to achieve. Debate as to which norms the state should be custodian of is constant. Where there is a disconnect between a law and the daily lives, aspirations and struggles of a society, it becomes unlikely that that law will be complied with. Generally, a state will not be able to give a pronouncement the force of law if it does not reflect the values held by a majority of a society. Compliance with the law can be even harder to obtain in highly plural societies. Even in plural societies ruled peacefully by an effective central government (such as India), communities’ conceptions of children’s rights may be radically different from those set down in law. The Indian child marriage restraint act has been in force since 1929, but the practice remains endemic in southern India to this day [ii] . Governments can attempt to enforce compliance with a law, through education, incentives or deterrence. What if the state that is intended to mount the “piecemeal intervention” of banning the use of child soldiers is weak, corrupt or non-existent? What if a state cannot carry out structured interventions of the type described above? Norms that state that the conscription of children is acceptable- due to tradition or need- will be dominant. Situations of this type will be the rule rather than the exception in underdeveloped states and states where conflict is so rife that children have become participants in warfare. The ICC has jurisdiction to prosecute individuals with command over military units who use children as combatants [iii] , but how should the concept of a “commander” be defined in these circumstances? In order for the juristic principles underlying the authority of the ICC to function properly, it is necessary for there to be a degree of certainty and accessibility underlying laws promulgated by a state. While ignorance of the law is not a defence before the ICC, it impossible to call a system of law fair or just that is not overseen by a stable or accepted government. This is not possible if a state is so corrupt that it does not command the trust of its people; if a state is so poor that it cannot afford to operate an open, reliable and transparent court and advocacy system; if territory with a state’s borders is occupied by an armed aggressor. Western notions of rule-of-law are almost impossible to enforce under such conditions. All of these are scenarios encountered frequently in Africa, and central and southern Asia. Some regions within developing nations are so isolated from the influence of the state, or so heavily contested in internecine conflicts, that communities living within them cannot be expected to know that the state nominally responsible for them has signed the Convention of the Rights of The Child or the Rome Statute. Nor can the state attempt to inform them of this fact. Laws still exist and are enforced within such communities, but these are not state-made forms of law. For an individual living within a community of the type described above- an individual living in the DRC, in pre-secession South Sudan [iv] or an ethnic minority enclave on the border of Myanmar [v] - the question is a simple one. Does the most immediate source of authority and protection within his world- his community- condone the role that children play in armed conflict? He should not be made liable for abiding by laws and norms that have sprung up to fill a void created by a weak or corrupt central state. There is little hope that he will ever be able to access the counter-point that state sponsored education and engagement could provide. Child soldiers and their commanders are simply obeying the strongest, the most effective and the most stable source of law in their immediate environment. [i] “Comparative Law in a Global Context: The Legal Systems of Asia and Africa”, Werner Menski, Cambridge University Press, 2006 [ii] “State of the World’s Children 2009”, UNICEF, United Nations, 2008 [iii] “Elements of Crimes”, International Criminal Court, [iv] “Child Soldiers: Global Report 2008”, Coalition to Stop the Use of Child Soldiers, 2007, p315, [v] “Child Soldiers: Global Report 2008”, Coalition to Stop the Use of Child Soldiers, 2007, p240, |
traditions law human rights international law society family house would require | The proposition understates the extent to which the needs of child soldiers are catered to by international justice bodies. The Paris Principles [i] , which are used to guide the formation and functions of national human rights organisations, state that “3.6 Children who are accused of crimes under international law allegedly committed while they were associated with armed forces or armed groups should be considered primarily as victims of offences against international law; not only as perpetrators... 3.7 Wherever possible, alternatives to judicial proceedings must be sought, in line with the Convention on the Rights of the Child and other international standards for juvenile justice.” Although not strictly binding, an onus is placed on bodies such as the ICC to seek alternatives to the trial process when dealing with children. (The Principles define a child as anyone less than 18 years of age). Even where children are placed in the role of officers or recruiters, they are unlikely to be tried in the same fashion as an adult. This leaves only the issue of social exclusion following the process of demobilisation and treatment. Many of the problems of reintegration highlighted by the proposition do not seem to be uniquely linked to ICC prosecutions. Columbian child soldiers are as likely to be perceived as threatening whether or not they have come to the attention of the ICC. The ICC does not create negative stereotypes of former child soldiers. As noted above, it seems perverse to give military commanders an opportunity to use cultural relativism to excuse their culpability for what would otherwise be a war crime. Ranking officers are much more likely than Yemeni tribesmen or orphaned Sudanese boys to understand the intricacies of such a defence, and much more likely to abuse it. Realistically, the commanders of child solders, and the politicians who sanctioned their use are the only class of individuals pursued by the ICC. Where the boundaries between community leader, military officer and political leader become blurred, the court will always be able to fall back on its discretion. Practically, however, this mixing of roles is only likely to be observed in marginal communities a few major conflict zones. This does not favour stepping away from established judicial practice in order to create an entirely new form of defence. [i] “Principles and Guidelines On Children Associated With Armed Forces or Armed Groups”, International Workshop on National Institutions for the Promotion and Protection of Human Rights, 2007, |
traditions law human rights international law society family house would require | Cultural relativism and adapting to conflict The issues underlying all debates on child soldiers go to the very heart of intercultural justice, politics and governance. International and supranational legislation notwithstanding, the notion that children should be protected from all forms of violence at any cost is expressly western. The facts stated in the introduction are not sufficient to support the creation of a defence of cultural relativism to charges of recruiting and using child soldiers. “Cultures” are not simply sets of practices defined by history and tradition. They are also methods of living, of survival and of ordering societies that change and develop in response to societies’ environments. Within many communities, children are inducted (or induct themselves) into military organisations as a result of necessity. The traditional providers of physical safety within a society may have been killed or displaced by war. Communities left vulnerable by long running and vaguely defined conflicts may have no other option but to begin arming their children, in order to help them avoid violent exploitation. A great many child soldiers in South Sudan actively sought out units of the rebel army known to accept child recruits [i] . Following the death of parents and the dispersal of extended families, children gravitated towards known sources of safety and strength – organisations capable of providing protection and independence within nations utterly distorted and ruined by conflict. Western notions of inviolate childhood, free of worry and violence, are merely a cultural construct. This construct cannot be duplicated in societies beset by forms of privation and conflict that have been alien to western liberal democracies for the last seventy years. Attempting to enforce this construct as law- and as a form of law that can trump domestic legislation- endangers vulnerable communities, inhibits the creation of democratic norms and can even criminalise the children it claims to protect. [i] “Raised by war: Child Soldiers of the Southern Sudanese Second Civil War”, Christine Emily Ryan, PhD Thesis, University of London, 2009 |
traditions law human rights international law society family house would require | Side proposition are attempting to make an argument in favour of reforming the ICC’s prosecution guidelines, but are doing so in terms of the culturally relative definition of adulthood. In other words, side proposition are trying to discuss war, realpolitik and international justice using the language of social anthropology. This approach is flawed. Arguments about the appropriate age to allow a child to hunt, to leave school or to marry pale beside the life-and-death significance of participation in warfare. A child does not become an adult by acting like a soldier, and those who recruit children into military organisations do not necessarily view them as adults. Indeed, children are seen as easy targets for recruitment, due to their emotional immaturity, their gullibility and deference to those who wield authority. Children may join armed groups out of necessity, and in the interests of survival, but this does not mean that those armed groups should accept child volunteers, or should escape criminal liability when they do so. Although the west is now a safe and prosperous place to live, the categories of war crime that the ICC prosecutes were created in response to the depravity and ruthlessness of conflicts that liberal-democracies experienced directly. The developed, liberal democratic world is not blind to the sense of necessity that drives children to take up arms. However, it understands only too well that child soldiers are unnecessary. Children do not autonomously organise into armed militias – they are recruited by states and groups with defined political and military objectives. Such groups should be aware that there is no value or necessity underlying the use of children in combat, and should be made legally accountable when they flaunt this norm. |
traditions law human rights international law society family house would require | The ICC is not likely to target children or the leaders of marginalised communities when prosecuting the use of child soldiers. Officials of states parties who play a role in commanding and deploying military units can be held liable for failing to prevent the use of child soldiers at a local level. If the agony of their circumstances forces a community to recruit ever younger boys into its militia, then officers, ministers or heads of state, along with the commanders of non-state actors, can be brought to trial for allowing children to be used as soldiers. This will be the case whether these individuals do so negligently or by omission. A guilty party need not engage in a positive act. ICC prosecutors and judges exercise their discretion in order to avoid the types of injustice that the proposition describes. The lack of prosecutions relating to the ad-hoc use of child soldiers by pro-independence groups in South Sudan underlies this fact [i] . Moreover, the ICC is bound by the principle of complementarity, an obligation to work alongside the domestic courts and legislators of the states that refer potential war crimes to the international community. If a state’s corpus of law allows for a margin of appreciation in judging the actions of isolated and endangered communities, these principles must also be reflect in the investigation and inquiries conduct by the ICC. Complementarity enables the ICC to function with the flexibility and insight that proposition assume it lacks. [i] “Raised by war: Child Soldiers of the Southern Sudanese Second Civil War”, Christine Emily Ryan, PhD Thesis, University of London, 2009 |
traditions law human rights international law society family house would require | Removing barriers to demobilisation, disarmament and rehabilitation It can easily be conceded, without weakening the resolution, that war and combat are horrific, damaging experiences. Over the last seventy years, the international community has attempted to limit the suffering that follows the end of a conflict by giving soldiers and civilians access to medical and psychological care. This is now an accepted part of the practice of post-conflict reconstruction, referred to as Disarmament, Demobilisation and Reintegration (DDR) [i] . The effects of chronic war and chronic engagement with war are best addressed by a slow and continuous process of habituation to normal life. Former child soldiers are sent to treatment centres specialising in this type of care in states such as Sierra Leone [ii] . What is harmful to this process of recovery is the branding of child soldiers as war criminals. The stigma attached to such a conviction would condemn hundreds of former child soldiers to suffering extended beyond the end of armed conflicts. Sentencing guidelines binding on the ICC state that anyone convicted of war crimes who is younger than eighteen should not be subject to a sentence of life imprisonment. Their treatment, once incarcerated, is required to be oriented toward rehabilitation. Many child soldiers become officers within the organisations that they join. Alternately, they might find themselves ordered to seek more recruits from their villages and communities. For these children participation in the conflict becomes participation in the crime itself. What began as a choice of necessity during war-time could, under the status quo, damage and stigmatise a child during peace-time [iii] . Even if their sentence emphasises reform and education, a former child soldier is likely to become an uninjured casualty of the war, marked out as complicit in acts of aggression. When labelled as such children will become vulnerable to reprisal attacks and entrenched social exclusion. Discussing attempts to foster former Colombian child combatants, the Coalition to Stop the Use of Child Soldiers state that, “The stigmatization of child soldiers, frequently perceived as violent and threatening, meant that families were reluctant to receive former child soldiers. Those leaving the specialized care centres moved either to youth homes or youth protection facilities for those with special protection problems. While efforts continued to strengthen fostering and family-based care, approximately 60 per cent of those entering the DDR program were in institutional care in 2007.” [iv] Crucially, fear of being targeted by the ICC may lead former child soldiers to avoid disclosing their status to officials running demobilisation programs. They may be deterred from participating in the DDR process [v] . Moreover, the authority of the ICC is often subject to criticism on the international stage by politicians and jurists linked to both democratic states [vi] and the non-liberal or authoritarian regimes most likely to become involved in conflicts that breach humanitarian law. It cannot assist the claims of the ICC to be a body that represents universal concepts of compassion and justice if it is seen to target children- often barely in their teens- in the course of prosecuting war crimes. As the Child Soliders 2008 Global Report notes, “Prosecutions should not, by focusing solely on the recruitment and use of child soldiers, exclude other crimes committed against children. Such an approach risks stigmatizing child soldiers and ignores the wider abuses experienced by children in conflict situations. It is on these grounds that some have questioned the exclusive child-soldier focus of the ICC’s charges against Thomas Lubanga. After all, the Union of Congolese Patriots (UPC/L), the armed group he led, is widely acknowledged to have committed numerous other serious crimes against children, as well as adults.” [vii] [i] “Case Studies in War to Peace Transition”, Coletta, N., Kostner, M., Widerhofer, I. The World Bank, 1996 [ii] “Return of Sierra Leone’s Lost Generation”, The Guardian, 02 March 2000, [iii] “Agony Without End for Liberia’s Child Soldiers”, The Guardian, 12 July 2009, [iv] “Child Soldiers: Global Report 2008”, Coalition to Stop the Use of Child Soldiers, 2007, p103, [v] “Child Soldiers: Global Report 2008”, Coalition to Stop the Use of Child Soldiers, 2007, p16, [vi] “America Attacked for ICC Tactics”, The Guardian, 27 August 2002, [vii] “Child Soldiers: Global Report 2008”, Coalition to Stop the Use of Child Soldiers, 2007, pp32-33, |
traditions law human rights international law society family house would require | The cultural construction of armed conflict The jurisdiction of the ICC is primarily exercised according to culturally constructed assumptions about the way war works – that there will be a clear division between aggressors and defenders, that armies will be organised according to chains of command, the civilians will not be targeted and will be evacuated from conflict zones. But countless conflicts in Africa and central Asia have proven these assumptions to be flawed. It should not be forgotten that almost all formulations of this motion define cultural relativism only as a defence to the use of child soldiers. It will still be open for ICC prosecutors to prove that the use of child soldiers has been systematic, pernicious and deliberate, rather than the product of uncertainty, necessity and unstable legal norms. Moreover, not all defences are “complete” defences; they do not all result in acquittal, and are often used by judges to mitigate the harshness of certain sentences. It can be argued that it was never intended for the ICC to enforce laws relating to child soldiers against other children or leaders of vulnerable communities who acted under the duress of circumstances. At the very least, those responsible for arming children in these circumstances should face a more lenient sentence than a better-resourced state body that used child soldiers as a matter of policy. Due to the nature of conflicts in developing nations, where the geographic influence of “recognised” governments is limited, and multiple local law-making bodies may contribute to an armed struggle, it is difficult for the international community to directly oversee combat itself. United Nations troops are often underfunded, unmotivated and poorly trained, being sourced primarily from the same continent as the belligerent parties in a conflict. When peacekeepers are deployed from western nations, their rules of engagement have previously prevented robust protection of civilian populations. Ironically, this is partly the result of concerns that western states might be accused of indulging in neo-colonialism. It is outrageous for the international community to dictate standards of war-time conduct to communities and states unable to enforce them, while withholding the assistance and expertise that might allow them to do so. Therefore, the ICC, as a specialist legal and investigative body, should be encouraged to use the expertise it has accumulated to distinguish between child military participation driven by a desire to terrorise populations or quickly reinforce armies, and child military participation that has arisen as a survival strategy. |
traditions law human rights international law society family house would require | As noted above, the definition of adulthood accepted within western liberal democracies is not a cultural absolute. It can be argued that the legal cut-off point- be it sixteen, eighteen or twenty-one years of age- is largely arbitrary. Children who care for disabled parents take on adult responsibilities inconceivable to many undergraduate students. Many developing world cultures would regard the under-emphasis of practical skills and physical training that exists in the education systems of knowledge-based western economies to be tantamount to neglect. In both war-torn Afghanistan and peaceful Botswana, a boy of fourteen is considered old enough and able enough to hunt; to protect his younger siblings; to marry or to be responsible for a harvest. Why should an Afghani child or his parents be condemned for allowing him to participate in the defence of his community? A family in a similar position in Botswana may never have been confronted with that choice. Although they might find the idea appalling in peace-time, the pressing necessity of war can cause opinions and beliefs to become highly flexible. This restatement of cultural relativism goes hand in hand with side proposition’s concluding objection. Although a culture can quickly assimilate and normalise necessary practices- such as arming children- it need not think that they are objectively good and valuable. It may be keen to abandon the practice. A community that responds to an urgent need to arm children may not want to arm children. Side opposition regard the use of child soldiers as symptomatic of cultural depravity, of a callous attitude to suffering. This approach patronises communities subject to privations and abuses now unknown in the west. It assumes that traditions cannot be overturned and that societies in the developing world will hasten to use their children as cannon-fodder for without devoting any thought or debate to the risks involved. |
traditions law human rights international law society family house would require | The purpose of the resolution is not to eliminate conflict in the developing world. Side proposition are merely seeking to remove the harmful side effects of the way in which the use of child soldiers is currently prosecuted – the risk of criminalising children and teenagers, the stigma attached to being a child soldier, and the condemnation of communities that rely on child soldiers for protection. Children are already the victims of atrocities perpetrated against civilians. They already volunteer to engage in military service. Armed groups that target civilian populations have already broken international law and have proven willing to do so repeatedly. Children will always be a target, whether or not they have sought out the means with which to defend themselves. With the international community unwilling to provide wide-ranging policing and supervision of international legal norms, it is not just to condemn individuals and communities who unwillingly take up arms to try to survive attacks by groups who flagrantly disregard international law. Peaceful communities forced to adopt abnormal survival strategies in the face of lawless aggression should be given the opportunity to compel the ICC to make situation specific judgments. |
traditions law human rights international law society family house would require | Punishing objectively harmful conduct Of the tens of thousands of children exposed to armed conflict throughout the world, most are recruited into armed political groups. Quite contrary to the image of child soldiers constructed by the proposition, these youngsters are not de-facto adults, nor are they seeking to defend communities who will be in some way grateful for their contributions and sacrifices. Child soldiers join groups with defined political and military objectives. Children may volunteer for military units after encountering propaganda. Many children join up to escape social disintegration within their communities. Several female child soldiers have revealed that they joined because to escape domestic violence or forced marriage. Many children who do not volunteer can be forcibly abducted by military organisations. One former child soldier from Congo reported that “they gave me a uniform and told me that now I was in the army. They said that they would come back and kill my parents if I didn’t do as they said.” [i] Once inducted into the army, children are vulnerable to abuse and exploitation. They are usually viewed as expendable, employed as minesweepers or spies. The inexperience and gullibility of children is used to convince them that they are immune to bullets, or will be financially rewarded for committing atrocities. Many children are controlled through the use of drugs, to which they inevitably become addicted [ii] . For every account the proposition can provide of a child who took up arms to defend his family, there are many more children who were coerced or threatened into becoming soldiers. Whatever standard of relativist morality side proposition may choose to employ, actions and abuses of the type described above are object4ively harmful to children. Moreover, the process of turning a child into a soldier is irreversible and often more brutal and dehumanising than combat itself. Proposition concedes that child soldiers will be in need of care and treatment after demobilising, but they underestimate the difficulty of healing damage this horrific. The use of child soldiers is an unpardonable crime, which creates suffering of a type universally understood to be unnecessary and destructive. It should not be diluted or justified by relativist arguments. It would undermine the ICC’s role in promoting universal values if officers and politicians complicit in the abuses described above were allowed to publicly argue cultural relativism as their defence. Moreover, it would give an unacceptable air of legitimacy to warlords and brigands seeking to operate under the pretence of leading legitimate resistance movements [i] Child Soldiers International, [ii] “Child Soldiers: Global Report 2008”, Coalition to Stop the Use of Child Soldiers, 2007, p299, |
traditions law human rights international law society family house would require | Universal rights and collective compromises Cultural relativism is the philosophical belief that all cultures and cultural beliefs are of equal value and that right and wrong are relative and dependant on cultural contexts. Accordingly, relativists hold that universal human rights cannot exist, as there are no truly universal human values. If rights are relative, the laws that protect them must also be relative. If we accept proposition’s contention that culturally relative values can evolve in response to conflicts and crises, then any perverse or destructive behaviour given the force of ritual and regularity by a group’s conduct can be taken to be relative. If the group believes that a practice is right, if it ties into that group’s conception of what is just and good or beneficial to their survival, then there can be no counter argument against it – whether that practice has been continuous for a hundred years or a hundred days. Systems of law, however, reflect the opinions, practices and values of everyone within a state’s territory, no matter how plural its population may be. Similarly, objections to specific aspects of the universal human rights doctrine are fragmentary, not collective. While a handful of communities in Yemen may object to a ban on the use of child soldiers, many more throughout the world would find this a sensible and morally valuable principle. It is necessary for both the international community and individual nation states to adjust their laws to reconcile the competing demands of plural value systems. Occasionally, a value common among a majority of cultures must overrule the objections of the minority. It is perverse to give charismatic leaders who convince impoverished communities to send their sons and daughters into combat an opportunity to use cultural relativism to excuse their culpability for what would otherwise be a war crime. Officers, politicians or dissident commanders are much more likely than Yemeni tribesmen or orphaned Sudanese boys to understand the intricacies of such a defence, and much more likely to abuse it. The commanders of child soldiers are the only class of individuals who should fear the ICC. |
traditions law human rights international law society family house would require | Making children military targets The purpose of the ban on the use of child soldiers is to prevent the normalisation of such tactics in conflict zones. It is not an inflexible implementation of a lofty European ideal. The ban, and the role of the ICC in enforcing it, is designed to reduce the likelihood that civilians will be deliberately targeted in developing world war zones. Why is this necessary? If the defence set out in the motion is used to reduce the number of war crimes convictions attendant on the use of child soldiers, not only will numbers of child soldiers rise, but children themselves will become military targets. Communities ravaged and depleted by war, under the status quo, may be seen as minimally threatening. Armies are not likely to target them as strategic objectives if it is thought that they will offer no resistance. However, if there is no condemnation and investigation of the use of child soldiers, they will become a much more common feature of the battlefield. The increasing militarisation of children will make those children who do not wish to participate in armed conflict- children pursuing some alternate survival strategy- automatic targets. All children will be treated as potential soldiers. The communities that children live in will become military targets. The resolution, although seeking to enable children to protect themselves, will simply make them targets of the massacres, organised displacement and surprise attacks that characterise warfare in Africa and central Asia. |
traditions law human rights international law society family house would require | It is not sufficient to observe that there exist groups that use brutality to recruit and control child soldiers. As accounts of conflicts in South Sudan and Myanmar show, politically motivated recruitment of children is less common than children volunteering through necessity. Side opposition should not overlook the fact that there are few constructive alternatives available to children in such situations. Educational institutions are often the first forms of state support to be withdrawn when war breaks out. Many children are orphaned as a result of the indiscriminate targeting of civilians. Taking flight as a refugee may postpone a child’s exposure to conflict, but is rarely useful in escaping it. Proposition have already established that child soldiers do not originate exclusively within state-based bodies or organised opposition groups seeking control of a state. They are just as likely to be the products of necessity or non-western conceptions of adulthood. The status quo is blind to this distinction, failing to recognise that military involvement is entirely consistent with other norms of adulthood in certain non-western cultures. Further, taking up arms as part of an organised, coherent force is often preferable to remaining a vulnerable, untrained civilian. Finally, it should be noted that very few opposition-side speakers are likely to argue that individuals, including children, do not have a right to defend themselves against aggression. However, a right to self-defence can be rendered meaningless if weak individuals are not permitted to combine their strength and resources to defend themselves. For ICC prosecutors this would likely be seen as the first step to forming a militia. For a physically weak fourteen year old, it is simply a survival strategy. |
media modern culture television youth sport house would ban child performers | With the number of child performers on the increase, [1] parents are becoming more aware of what to expect from their child’s agent, and thus less likely to unwittingly allow exploitation. Additionally, laws exist to prevent parents from spending their child’s wages; for example, the “Coogan Law” dictates that parents in California must open a trust account for their child in which 15% of that child’s earnings must be put aside. [2] [1] Sand, ‘Child performers working in the entertainment industry around the world’. [2] Screen Actors Guild, ‘Coogan Law’ |
media modern culture television youth sport house would ban child performers | performers are at risk of exploitation Children are generally considered to be too young to make important decisions for themselves, and so decision-making falls to parents, teachers, etc. For child performers, there are additional decision-makers: their agents. Since agents benefit financially from the child’s getting a role or doing well in a sporting event, there is a definite risk of exploitation. Exploitation can also come from parents, as in the famous case of American television child stars Jackie Coogan and Gary Coleman, who both sued their parents for spending the money they had earned as children [1] [2] or of Macaulay Culkin, who blocked his parents from having access to his earnings. [1] AP, ‘The Kid’ To Get $126,000 For His Share’ [2] The Deseret News, ‘Former Child Star Wins $1.3 Million Judgment’ |
media modern culture television youth sport house would ban child performers | Just as the state creates laws to protect child performers it could ban child performers Child performers are currently protected by laws about all sorts of things from the minimum amount of education they may get to their pay and how many hours they can work. Many of these laws would be much more difficult to enforce than a blanket ban. It would be simple to enforce as child performers would in most cases be easy to spot – as they are performing for the public. The government could then bring charges against those who are employing the child and fine them. |
media modern culture television youth sport house would ban child performers | Children will always feel pressure in certain areas of their lives, whether with exams or school plays. It may be true that pressure is greater for child performers, but children who perform at a professional level are generally more skilled, and so they are often better at dealing with this pressure. At the very least, they gain enough experience at a young age, that they learn the skills needed to succeed, even in high-pressure situations. Given the pressures all children face, [1] surely it is ethical to allow children into a world where they can learn how to deal with these stresses and protect themselves against possible future problems. [1] Etchingham, ‘Are we putting our kids under too much pressure?’ |
media modern culture television youth sport house would ban child performers | Allowing children to perform pushes them to grow up too soon Child performers are exposed to a much higher level of responsibility than their peers, without the maturity to deal with it. They may be exposed to sex, drugs, or alcohol, in a context too far removed from a normal life that they don’t learn adequate coping mechanisms. It is no surprise that many child performers “burn out” by the time they reach adulthood, often experiencing problems long before, as in the case of actress Drew Barrymore, who entered rehab at the age of 13. [1] Children should not be encouraged to enter into these adult worlds of acting, modeling, dancing, etc. Michael Jackson attributed his obsession with children and childhood as a consequence of having missed out on a childhood himself. [1] Barrymore, Little Girl Lost |
media modern culture television youth sport house would ban child performers | Being a performer limits a child’s formal education Spending so much time either performing or training limits the amount of formal education the child can receive. For example, in the UK and other countries, child performers are only required to be educated for three hours each day. [1] Additionally, the focus on the specialised skill of the child (e.g., acting, dancing, etc.) may detract from their family’s or their own interest in formal education. [1] The Children’s Legal Centre, ‘What are the hours that a child performer may work?’ |
media modern culture television youth sport house would ban child performers | It is entirely possible for child performers to achieve high grades. For example, Jodie Foster graduated magna cum laude from Yale University, despite having been a child star. [1] Child performers who spend a lot of hours on-set will also have access to a certified teacher who acts as their personal tutor during that time. [2] In addition, as long as the child performer obtains a sufficient understanding of the core academic curriculum, it doesn’t matter if they are more interested in their chosen career area than in formal education, especially if they plan on continuing on that career path into adulthood. [1] Yale Office of Public Affairs & Communications, ‘Yale Alumni Go to the Oscars’ [2] On Location Education, ‘Teacher Requirements’ |
media modern culture television youth sport house would ban child performers | Cases like Drew Barrymore’s are rare, and many young performers have happy and successful careers. All young people are likely to be exposed to adult experiences at some point in their childhood, and it should be left to parents and teachers to educate children of the dangers of alcohol, drugs, etc., no matter what activities the child takes part in outside of school or the home. For many of the areas that involve child performers, there are also laws in place to ensure children are not exposed to age-inappropriate situations. For example, in North America and other countries laws exist to ensure children in the entertainment industry are not “put at risk physically (no dangerous stunts),” “exposed to morally compromising situations,” or ever allowed to “be nude or partially nude,” or “be engaged in overt sexual acts”. [1] [1] Moore, ‘Protecting Child Stars: Laws and Regulations’ |
media modern culture television youth sport house would ban child performers | Banning child performers could be successful for professional child performers in regulated industries but it would be much more difficult to prevent child performers on a small scale. It will also be very difficult to get a balance between allowing children to develop in their chosen profession or sport while preventing them from actually engaging in any performance that displays that talent. |
media modern culture television youth sport house would ban child performers | The added risk for most child athletes and performers is very low, and there is professional help in place for them to manage it. Children who compete professionally in sporting events are only exposed to real risk in very rare, extreme situations. Some elements of risk exist in all aspects of life: children who are allowed to play on rollerblades are slightly more at risk of injury than those who are not; children who live in cities are at more risk of traffic accidents than those who live in the countryside, who are at more risk of falling out of trees, etc. Adults and children alike make decisions in which they take risks in the name of the greater benefits. For children who play a sport professionally, the physical training they receive can build strength and muscle and increase fitness levels, which provide the child with improved health and protection from injury in future. If child performers were banned, there would be no way of making sure that any children who still ended up in the business (i.e., illegally) had access to the support staff (e.g., physiotherapists, nutritionists) currently available. [1] When it comes to the possibility of eating disorders in child performers, professionals also exist for the prevention thereof. For example, in New York the Child Performer Advisory Board to Prevent Eating Disorders (Labor Law Section 154) exists to educate and provide information for child performers and their guardians. [2] [1] Canadian Athletic Therapists Association, ‘Athletic Therapy’ [2] New York Department of Labor, ‘Child Performer Advisory Board’ |
media modern culture television youth sport house would ban child performers | It is unethical to expose children to the pressures of performing Even experienced adults can find it difficult to deal with stage fright or performance anxiety. Children, more emotionally vulnerable than adults by nature, should not be exposed to this sort of pressure. This is especially true in situations where the child is being paid for their performance, since the added necessity to perform well can lead to even more pressure. Although suicide among children is rare, it is believed often to occur as a result of the child feeling like she is under too much pressure, or failing to meet the expectations of others. [1] There are also consequences that continue long past the child has stopped performing; former child actors often have the problem as young adults as feeling as having already ‘peaked’ and find themselves without a sense of drive or ambition or a coherent adult identity, consequentially they often suffer from substance abuse and addiction [1] Lipsett, ‘Stress driving pupils to suicide, says union’ |
media modern culture television youth sport house would ban child performers | Being a performer can make the child physically vulnerable Children involved at a professional level in sports are at a higher risk than their peers of physical problems like breaking bones. In some cases, these physical problems can be fatal; e.g., Julissa Gomez, who died from complications of a vaulting injury contracted when she was 15 in warm-ups for a gymnastics competition. [1] Even in careers like acting and dancing there are risks for child performers. Actors and dancers are usually encouraged to stay thin, often to an unhealthy degree. Because children are particularly vulnerable, they are more susceptible to the perils of over-exercising for athletes and eating disorders for performers. It has been found, for example, that girls who dance in their childhood are more likely than their peers to develop anorexia nervosa in later life. [2] Lena Zavaroni, the childhood winner of ‘opportunity knocks’ in the 1970’s, struggled with eating disorders for all of her life and died aged 34. With the damage eating disorders can do to a person’s body, it should be illegal to expose children to such risks. [1] Hoffman, ‘Obituaries’ [2] BBC News, ‘Anorexia linked to child dancers’ |
media modern culture television youth sport house would ban child performers | Children might feel as if their rights are being taken away, but there is a reason why children are not given free reign over the way they live their lives. Governments have already stepped in to prevent children from endangering their health by consuming too much junk food, [1] [2] and indeed from working in non-performance fields. So too must they take charge in this issue and act so as to prevent children from becoming susceptible to the emotional and physical risks involved in being a child performer. [1] BBC News, ‘Junk food banned in school meals’ [2] Harris, ‘A Federal Effort to Push Junk Food Out of Schools’ |
media modern culture television youth sport house would ban child performers | In a lot of films, television shows, and stage productions, it is possible to have young adult actors playing child roles. For example, in the popular American television show The O.C., the main characters were played by young adults ranging from 18 to 29 years of age but all portraying teenagers. [1] Sports needn’t suffer either: the minimum age of competition for gymnastics has already been raised, [2] [3] and others can surely follow their example without suffering from it. If professional leagues are not allowed to roster athletes below the age of 18, for example, children will compete in amateur and educational leagues where the pressure and commitment is lower, but where they can still train for the professional arena. [1] IMDB, ‘The O.C.’ [2] Hanley, ‘Gymnastics – Minimum age will soon rise to 16.’ [3] The Telegraph, London 2012 Olympics: artistic gymnastics guide |
media modern culture television youth sport house would ban child performers | If child performers were banned, many children would find a way to perform illegally, now without legal protection. While being a child performer is legal, these children’s working circumstances are under the protection of the law and monitored by government departments such as the Inland Revenue, Health and Safety, etc. Were child performers to be banned, it is certain that some children would still perform, but would not be thus protected. This has already happened in certain professional sports where athletes can benefit by lying about their age. For example, it is easier for Latin American baseball players to sign with U.S. Major League teams if the teams think they are young. As a result, countless players have lied about their age, including a number of high-profile cases, such as Miguel Tejada who was named Most Valuable Player in 2002. [1] Many of these young players, however, have been less successful. There are too many unfortunate examples of players who came to the United States at a young age and, under the increased pressure, fell victim to serious drug problems, often resulting in overdose and death. [2] [3] A ban would not prevent children from performing; it would actually further expose them to whatever risks may be involved. [1] Schmidt and Schwartz. “Baseball’s Use of DNA Raises Questions.” [2] Zirin, “Can’t Knock the Hassle: Chavez Challenges Baseball.” [3] Helfgott, “The international game.” |
media modern culture television youth sport house would ban child performers | The government has no right to prevent children from doing what they enjoy and are good at Many child performers would undoubtedly protest if their right to perform were taken away from them, and justly so. This can be seen in quotes from the likes of Roddy McDowall, who said in an interview in 1963 that he “had a particularly wonderful time” as a child actor, [1] and would presumably have been quite upset had a ban been enforced in his lifetime. It is beyond the rights of the government to make illegal an opportunity that allows those talented on the stage, in front of a camera, on the pitch, etc. (who might well not be so strong in other, e.g., academic, areas) to make a living from doing what they do best. Some child performers have also proved to be extremely business savvy – the ‘Olsen Twins’ have built a massive industry off of their Disney stardom. [1] BBC News. ‘Actor McDowall dies aged 7 0 |
media modern culture television youth sport house would ban child performers | Child performers are necessary for roles in some films, television shows, etc., and for the survival of some sports In some films or television shows, child actors are absolutely necessary in order to realistically portray society and the roles children play. The incredibly popular Harry Potter films, for example, would not have been half as convincing without the large cast of actors under the age of 18 playing the schoolchildren. Child actors are also necessary in the advertising industry, in order to make products appealing to a younger audience. Some sports, too, would be endangered if children were not allowed to compete. Ice skaters and dancers, for example, benefit greatly from training starting at an early age. [1] [1] Sagolla, ‘Dance Training for Children and Teens’ |
media modern culture television youth sport house would ban child performers | If child performers were banned, it would be the duty of the government to ensure children were not illegally performing, just as it is currently their duty to protect current child performers. In the United States, for example, Major League Baseball has begun to institute DNA testing for international players, in order to ensure that they are being truthful about their age when they come to America. [1] Banning child performers is possible, and it is the only way to truly protect children’s rights and to prevent them from the inherent physical and emotional risks. [1] Schmidt and Schwartz. “Baseball’s Use of DNA Raises Questions.” |
culture general education education general house would make english official | Bilingual education is exactly that – bilingual. Students do not simply abandon the English language – they intensively study it. The only bilingual classes are provided in other fields such as math and science - subjects critical for future employment to ensure they do not fall top far behind. On the contrary, while immersion may teach English better, there is a lot of evidence that it tends to increase drop-out rates substantially, [1] indicating that for a number of students it is in fact less effective since it is hard to learn anything in school if you don’t attend. Even those who don’t drop out tend to fall substantially behind, hurting their educational efforts, and undermining their position in the workplace. A mathematician or scientist does not need perfect English – they do need good grades in other courses. [1] Vaznis, James, ‘Boston students struggle with English-only rule’, boston.com, 7 April 2009, |
culture general education education general house would make english official | Bilingual Education is expensive and encourages balkanization One of the goals of the government in providing education is to prepare students for success in the work place, and therefore the government has an obligation to spend its money in the most efficient way possible to accomplish this. This is relevant because Bilingual education is expensive, requiring the hiring of bilingual teachers, the organization of bilingual classes, and the acquisition of bilingual curriculum materials. [1] These costs might be justified if they actually helped students. But the reality is that they do not. For one thing, they allow students to get by without learning English. One of the great obstacles to learning a new language is the fact that parents of students may well speak another language at home. If students suddenly use that language at school as well, they will spend the vast majority of their day speaking a language other than English, with the consequence that they may not pick it up at all, and find themselves at a large disadvantage when they attempt to join the workforce. As a consequence, it seems likely that the money could be better used subsidizing tutoring for students learning English than running an entirely separate and parallel educational system. [1] Rossell, Christine, ‘Does Bilingual Education Work? The Case of Texas’, Texas Public Policy Foundation, September 2009, |
culture general education education general house would make english official | English-only policies are not about encouraging acceptance of diversity, and to the extent they are about bringing people together it is by forcing immigrants to abandon their culture. From the very beginning of the English-only movement during the First World War, when anti-German sentiment led to attacks on German-speaking immigrants, the idea of English as a an official language has been brought up to stigmatize immigrants . [1] The very debate over the implementation of the policy would do more to stigmatize immigrants than could be made up for by any benefits it could provide. It may well be that forcing Immigrants to speak English and work in it would help them to assimilate but so would deporting them across the country where they would be forced to sink or swim. We don’t do that because it would be wrong. Secondly, all of the government’s benefits are based on the assumption that individuals can learn English quickly if they are forced to do so. But learning languages is a long process, and the government’s policies would leave large numbers of people worse off before they managed to pick up the language, assuming they ever did. [1] Opposing views, ‘English-Only Laws Are Offensive to Our Nation’s Cherished Diversity’, 2010, |
culture general education education general house would make english official | The Identity and History of the United States are intrinsically linked to the English Language From its very founding, English was the common language of the United States, and full participation in the national life was dependent on the ability to speak it. Theodore Roosevelt himself once noted that "We have one language here, and that is the English language, and we intend to see that the [assimilation] crucible turns our people out as Americans ” [1] Declaring English as the official language will give legal force to this history, and help provide unity to Americans at a time when many come from different backgrounds and hold different political views. Furthermore, it will help immigrants with the process of assimilation. Rather than simply learning English for pragmatic reasons, the act of learning English will tie immigrants into a political and historical tradition going back to Thomas Jefferson. [1] Opposing Views, ‘Linguistic Unity Is Critical in an Increasingly Diverse Society’, 2010, |
culture general education education general house would make english official | English is the de facto official language of the United States already and that is not under threat at this time. There is no prospect of it being replaced with Swahili and of children three generations in the future being unable to read the declaration of independence. As a consequence the major impacts of this move will be symbolic. First of all, it will enshrine and endorse the idea that the true Americans were the first Americans, that the English colonists who arrived on the continent speaking the language already were the only real Americans, and that everyone who arrived later is an American by integration. Not only is this untrue – the Dutch settled New York [1] – but it also places a stigma on that integration. By tying American identity to the British colony the United States was rather than the ideals the nation was founded on, the government would adopting an exclusive definition that in some ways goes against those ideals, including for instance, the inclusion in the US constitution that anyone born within the territory of the United States would automatically be a citizen. [1] New Netherlands Project, ‘New Amsterdam’, |
culture general education education general house would make english official | The segregation of students in this case is not a function of their language skills, but of their lack thereof. Simply placing non-English speakers in a normal school will not suddenly make them friends with everyone, especially if they cannot communicate. If there are other speakers of their language, they will likely form a separate social group with those students, speaking their home language among themselves, which will undermine efforts to teach them English. At the same time they will likely do poorly in school as they will struggle to comprehend the content of their classes. [1] If other ESL students don’t exist, they will likely become socially isolated, with all the negative results this can potentially lead to such as depression or even in extreme cases suicide. [1] Vaznis, James, ‘Boston students struggle with English-only rule’, boston.com, 7 April 2009, |
culture general education education general house would make english official | Avoids self-segregation In a time when the US has begun to overcome racial segregation, and legal discrimination in other fields, one of the great challenges it faces is self-segregation. Linguistic diversity worsens these problems because it inevitably leads to self-segregation. All things being equal, and even if they are not, people like to be around people they can communicate with. This was not a huge problem in years past when most immigrant groups were small enough to be easily swallowed, and too small to maintain their linguistic unity, but the Hispanic population in the United States has grown at such a rate, that it is possible to get by with Spanish in many major US cities. Restaurants, businesses and services all exist which cater to it, and there is an entire industry of Spanish language television available. This in turn makes the risk of social balkanization much stronger. While a small minority of people may learn new languages because they want to, the vast majority learn them when they have to – and if individuals can get by without doing so, it’s likely that they will not. Rather than assimilation, you will have a divergence between the linguistic minority and the majority. |
culture general education education general house would make english official | Bilingual education hurts students Bilingual education segregates students in its system from those outside it. This limits the opportunities for interaction. This is harmful in a number of ways. For one thing, it limits their interaction with peers who will speak English. While it’s possible they may practice English with their friends in a bilingual school, it seems unlikely, as it would be easier to talk in the existing language. Furthermore, it also limits the exposure of English-speaking students to immigrants who don’t speak English, allowing negative stereotypes to arise out of ignorance that then can influence governmental policy through the ballot box. Finally, this segregation may extend to within bilingual schools themselves, since not everyone seeking bilingual education has the same non-English language. The result might well be that students would group socially into groups based on country of origin, and due to simple demographics this would place the Spanish-speaking students at a significant advantage as there are nearly 30 million of them in the country. This polarization in turn could lead to splits between minority language groups that could reduce their overall social capital. |
culture general education education general house would make english official | All of those accents are varieties of English. The meaning of English as a unifying force is that across Americans’ differences of religion, politics, history, and yes dialect, at the end of the day they are all brought together by a common language and a common ability to communicate within it. |
culture general education education general house would make english official | It may well be that some people backing the push to make English the official language have questionable motives, but the movement should be evaluated based on its results. Right now Hispanics are already stigmatized, whether on one hand as temporary labourers unable to speak English and therefore destined for the worst jobs, or as an invading horde planning to conquer the United States. For better or worse, the self-segregation of the community reinforces many of these beliefs, while it also prevents their kids from learning English. If this policy helps to break this self-segregation up, and the children of Hispanic Immigrants become as American as the children of German immigrants became in the early 20th century then their opportunities will be greatly increased. |
culture general education education general house would make english official | It specifically denies a rich cultural heritage which is uniquely American of groups that spoke English but not as a first language Almost no one in the United States knows English, but then chooses not to use it to make some sort of political statement. The language is far too omnipresent in the economy, culture, and everyday life to make such a choice attractive or even sane. Nor do people generally choose not to learn English. The advantages and opportunities it opens up, and the stigmas and discrimination facing non-English speakers mean that learning English is one of the first things any immigrant is going to try and do. In reality therefore we are going to be talking about people who can’t speak English, either because they have not learned it yet, or because they can’t learn it. Perhaps they don’t have the time between working two jobs, or perhaps they find it difficult. In any case, if this policy is simply symbolic it will stigmatize these people. If it goes further, it will actively make their lives worse, and perhaps make it even harder for them to learn English. |
culture general education education general house would make english official | The US has a long tradition of multiple languages There is a long historical tradition in the United States to which different languages contributed. Most Americans do not have ancestors who arrived from England prior to 1776, and even among the colonists before independence there were Frenchman, Dutch, Swedes, Scots and Irish. [1] The languages of these early immigrants remain, for example Cajun, an offshoot of French remains a de facto official language in Louisiana. [2] The historical importance of Native American languages or of the immigrants who came in and contributed so much is also ignored. All of these groups are stigmatized and their contributions ignored. The descendants of most of the groups listed above speak English today, so the issue is not an ease of access one. It is however one of historical justice and giving full recognition to the full-range of contributors to American history. [1] ‘Ethnic Composition of the Thirteen Colonies, 1750’, teacher’s Brunch, [2] Melancon, Megan, ‘Cajun English’, PBS, |
culture general education education general house would make english official | Even within the United States people speak English differently Even within the United States people speak many different dialects. From Boston to New York to the rural South, accents and diversity within the English language express the exact same types of historical, cultural, and even political traditions that those pushing English find so horrifying if made in another language. It would be hard to set a standard for what is English, and ignore the fact that Americans have long used linguistic differences as a sign of identity. It therefore makes no sense to try to paper over these linguistic differences by imposing English as an official language; rather the diversity of languages and dialects should be celebrated. |
culture general education education general house would make english official | In the current environment, moves to make English the official language are specifically targeted at Hispanic immigrants Historically, efforts to declare English the official language tend to come up when certain elements in the American body politic become threatened. It became an issue in the First World War, when resentment rose against German immigrants, and the present movement, though nominally not signalling anyone out, is clearly aimed at Hispanics. This can be inferred from the fact that they are by far the largest non-English linguistic group in the country, and on occasion such views have been let slip, as the leader of one of the largest lobbying groups for a National Language did.[1] Even if such legislation is not aimed specifically at Hispanics, everyone will assume that it is, and many Hispanics will nevertheless believe that they are the intended targets. The practical result of this will be the alienation of the Hispanic population as many Hispanics see themselves under attack, which will cause many Hispanics to concentrate together, undermining many of the arguments for assimilation the government has made. Furthermore, to the extent it stigmatizes Spanish speakers as the ‘other’, it may well encourage bullying against Hispanic students, and discrimination against those who can’t speak English, who are a far larger group than those who chose not to speak it. [1] ‘English Only Movement FAQ File’, Mass. English Plus, |
culture general education education general house would make english official | England today owes much to Roman settlers, and for nearly four centuries it was governed by a French speaking nobility – yet this is not a reason for Britain to have either French or Latin as official languages. The fact is that we can recognize that all Americans today speak English, while also recognizing that their parents, grandparents, and great-grand-parents may not have. In fact that is exactly what making English the official language will recognize, the role English has played in bringing people together and creating a national identity by making these people Americans. |
culture general education education general house would make english official | This policy does not stigmatize people who cannot speak English. It rather affirms the hard work of those who have. There are numerous stories of how proud immigrants have been to take their citizenship test, and by strengthening the idea of identity it makes it more meaningful. Secondly, if money is redirected from bilingual education to providing individual tutoring, it may well help individuals who have trouble learning English in a class environment. It has never been suggested that the government has no role to play in helping people learn English. |
traditions house believes compensation should be paid those who have had their | If it is something like a name that can already be considered intellectual property then this broadening is unnecessary, compensation will be made through the courts anyway. Culture as a whole is something that evolves overtime, it is not something that can be comparable to intellectual property. Culture is not as clear cut and rigid as the cases of intellectual property as it consists of things such as shared values and common knowledge which often has overlaps between different cultures and no true owner. Therefore, cultural appropriation cannot be parallel to stolen intellectual property and they should be handled in different ways. Reparations for something as arbitrary and subjective as culture is a system very open to exploitation. It may encourage exploitative behaviour with minorities encourages to pursue cases through the courts to gain reparations even when the case is slim. In some instances, designs or ideas may really have been made independently but be pursued due to similarity with a cultural idea. |
traditions house believes compensation should be paid those who have had their | Cultural appropriation is parallel to stolen intellectual property and should be treated in the same way. There are high standards of global intellectual property laws such as copyright and patenting for things such as medicines, and creative designs. However, these laws only apply to a few areas so this proposal would effectively widen its remit by taking intellectual property as a template for what might be considered ‘cultural property’. Many minority communities, including the Native American Navajo tribe have had their names, designs, and culture stolen or misused and have not received compensation. This highlights the embedded systematic inequalities where justice may not be brought to those of minority cultures. Reparations, monetary or otherwise, should be paid in these cases as other case studies [1]. The closest this has actually come to happening is with the Native American Navajo community. They had their name printed and used on products such as underwear, dresses and hipflasks at the popular retail store Urban Outfitters [2]. There was outrage in the community and a 'cease and desist' notice was filed in court for the products to be recalled. In addition to this the Navajo tribe called for monetary reparations to compensate for the damage done in the name of their community however, this was not granted. As the Navajo name was copyrighted this case was made much simpler before the law – as we propose cultural property theft should be. It is important to point out that many other communities which have been exploited previously have not copyrighted their name and so do not have this same opportunity [3]. This is important as with many cases, the outcome may have not resulted in anything further. The practise of reparations should be used universally as it is disrespectful to misuse the names, symbols and property of other cultures without consent. In a democracy where everybody is equal before the law, communities and individuals should be able to sue those for not giving recognition, or misusing cultural practises that have historic meaning and importance. Culture is embedded in communities with long standing traditions, theories and practises. This is evident as we do not (yet) have a single global culture, even though one might argue there is one slowly emerging. [1] Schutte, Shane, ‘6 famous copyright cases’, realbusiness, 11th August 2014, [2] Siek, Stephanie, ‘Navajo Nation sues Urban Outfitters for alleged trademark infringement’, CNN, 2nd March 2012, [3] Johnson, Maisha J., ‘What is wrong with cultural appropriation; These 9 Answers Reveal Its Harm’, everydayfeminism, 14th June 2015, |
traditions house believes compensation should be paid those who have had their | Firstly, communities can be given credit for designs and things of other cultural significance without the use of reparations which are arbitrary and pointless. Secondly, reparations are also ineffective, it throws a one-off lump sum to the formerly oppressed. They do not benefit the most deprived in society (economically). They are not effective in combatting racism. |
traditions house believes compensation should be paid those who have had their | Compensation rights a wrong Compensation is a basic principle of justice in any legal system. By definition it can be given to those who have had harm to reputation or dignity, emotional distress and loss of opportunities, including potential earnings. It is important to give compensation as it provides something for those who have suffered from disadvantages as a result of someone else’s actions, and it therefore helps to level out the playing field. Cultural appropriation causes clear harms – lost business, less awareness of that culture, and a feeling of inferiority. Theoretically, compensation is also beneficial as Rawls believes that it achieves 'some of the intent' of the principle of redress. This is in line with an egalitarian point of view [1]. While individual cases of cultural appropriation may not intend to harm they have an externality of harm by damaging the culture and identity as a while. This is in much the same way that those polluting often don’t intend harm, just to make a profit. [1] Gaus, Gerald F., ‘Does Compensation Restore Equality’, Compensatory Justice, Vol.33, 1991, pp.45-81, |
traditions house believes compensation should be paid those who have had their | Compensation may be fundamental, but only when it is possible to quantify the harm, and decide who the harm was done to. With cultural appropriation both are often muddy. Taking a part of culture may not have a monetary benefit for the one taking that cultural item or a proportional loss for the original culture. If this is the case how is a figure put on compensation? Then who does the compensation go to; split between everyone in that culture? But who and how is it defined who is a part of that group? |
traditions house believes compensation should be paid those who have had their | The notion of compensation in the case of cultural appropriation is limited. Firstly, culture is subjective and essentially defined to individual interpretation and perception, there are limited definitive lines. As a result of this, compensation would be extremely difficult to both claim and give out every time a cultural appropriation is claimed by an individual or group. |
traditions house believes compensation should be paid those who have had their | Compensation is important to give the communities credit they deserve. Compensation can be used to level out the playing field of inequality to those who have been oppressed. They help to give communities the recognition they deserve and help to reverse intuitionally reinforced negative stereotypes. The reparations can be used to benefit the community; for example, within the community and externally in order to educate people appropriately about the struggles of a repressed community. It would help fund efforts based on the model of the US Governments of Education and State Boards of Education to develop a 'robust curriculum' involving greater accuracy in black history as well as the involvement of African American figures in history on local, national and global scales [1]. This inequality is why the reform has to be state led; it is up to the state to protect minorities. Professor Matthew Rimmer from the Queensland University of Technology believes that ''At an international level, more should be done to implement the UN Declaration on the Rights of Indigenous Peoples in respect of Indigenous intellectual property''. This was said after Chanel made a A$2,000 boomerang [2] which would seem to be in opposition to the declaration which Australia has endorsed. [1] Humphries, Arielle, and Stahly-Butts, Marbre, ‘A Vision for Black Lives’, Centre for Popular Democracy, July 2016, [2] ‘Chanel’s $2,000 boomerang sparks complaints and confusion from Indigenous Australians’, ABC News, 17th May 2017, |
traditions house believes compensation should be paid those who have had their | Compensation has the potential to reverse damaged caused by Cultural Appropriation. Compensation is necessary in the case of cultural appropriation as it helps to provide victims with the resources they need or deserve as compensation for exploitative behaviour. Often it can be easily quantified as would be the case with the Navajo Urban Outfitters case. With stronger legislation and rulings on the provision for compensation for cultural appropriation, minority communities would be significantly better off. This would be a major step towards reversing the damage of said appropriation as it would allow the community to develop and gain recognition for traditional designs and ideas. Compensation can bring back some justice to small, minority communities as they can gain the appropriate recognition they deserve as well as the benefits that come along with it. It was estimated in 2005 that nearly half of the US $1billion market from native American Arts and Crafts come from the sale of counterfeit goods [1]. Compensation would help protect sales from native American businesses as well as their culture. [1] Padilla, Helen B., ‘Padilla: Combating fake Indian Arts and Crafts: a proposal for action’, Indian Country Today, 14 October 2008, |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.