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The United States would ideally move with the backing of the world community, but even if that is not present, we think that the United States is more than capable of making clear that it is not anyone’s puppet and that it is intervening solely to uphold international law. Any military action whether justified or not ... | |
Through their actions, career criminals and drug offenders often subject their families to misery far in excess of the temporary absence of a loved one, or transient financial hardship. The damaging processes of taking drugs and supporting a habit are normalised for children living with addicts; children exposed to dru... | |
Imprisonment punishes offenders' families Even though liberal democratic systems of justice continue to place an emphasis on punishment rather than rehabilitation, sentences are still required to be proportionate to the crime that they punish. Further, a sentence must only punish those judged responsible for the crime... | |
Rehabilitation programmes are not a panacea – nor are they instantly or reliably effective. The risk of an individual committing crime can only be reduced by long-term engagement with reform schemes. In 2009 violations of parole- the rules, conditions and schemes offenders are required to engage with on being released ... | |
Flogging harms offenders less than imprisonment The criminologist Peter Moskos [i] observes that most of us, if given the choice, would opt to receive ten lashes rather than spend five years in prison. Paradoxically, a significant number of us would condemn corporal punishment as barbaric and inhumane. If imprisonment... | |
What pretends to be an argument in support of the resolution is in fact an argument in favour of reforming the prison system. It is true that in an alarming number of prisons the rehabilitative objective of incarceration has been forgotten. In many other prisons, however, innovative rehabilitation programmes are flouri... | |
While the conservative press may advocate the reintroduction of corporal sentences, an equally vocal section of society would condemn any attempt to use flogging as a means of punishment. The inherently pragmatic political discourse that prevails in most liberal democracies would be as reluctant to replace prison with ... | |
Custodial sentences make recidivism more likely A custodial sentence is capable of destroying the relationships and livelihood of an offender. Imprisonment means that an offender will be unable to work and will lose his job, if he has one. Statistics sourced from the Pew Foundation indicate that a criminal record can ... | |
Prison reform is politically unachievable The failures of the prison system are tolerated within political culture and by the public, partly because the privations of the prison environment are seen as a suitable punishment for criminal behaviour. Deprivation of liberty and the emptiness of criminal life are seen as r... | |
The opposition is unable to conclusively prove that the growth in the prison population and the reduced effectiveness of rehabilitation is a direct result of over-criminalisation. It may be true that the list of non-traditional crimes is expanding, but the harm that the resolution is seeking to address arises in the p... | |
As distasteful as debaters, moral philosophers and constitutional lawyers may find it, society still has a need to punish criminals. Although it seems to lack logic or reason (inflicting suffering on a criminal cannot be recompense for what he has taken, and may even prevent him from properly compensating his victim), ... | |
Flogging will be over-utilised, rehabilitation will be under-utilised The “packaging” of flogging with a revitalised approach to rehabilitation that proposition suggests may be a feasible response to some crimes, but politicians are much more likely to treat the lash as a panacea for any activity or trend that affects... | |
Poorly constructed laws are not an excuse to abandon the prison system The proposition does nothing to address the root cause of overcrowding in prisons and “over-inclusive” penal codes. The problems inherent in the status quo are not solved by flogging. The strain placed on penal institutions and systems of sentencin... | |
States' duty to avoid the use of force when solving social problems How will the severity and legality of flogging be monitored? How will it be reconciled with existing liberal democratic value sets? The majority of western liberal democracies are party to inter-governmental and supranational agreements that expressly... | |
There is political capital to be gained from adopting a hard line stance on law and order issues, but there is also political capital to be gained from showing that a particular policy has had a positive effect on reoffending. The Pew Foundation report cited above has also determined that some 90% of US voters were in ... | |
Prison reform is politically unachievable The failures of the prison system are tolerated within political culture and by the public, partly because the privations of the prison environment are seen as a suitable punishment for criminal behaviour. Deprivation of liberty and the emptiness of criminal life are seen as r... | |
Flogging harms offenders less than imprisonment he criminologist Peter Moskos [i] observes that most of us, if given the choice, would opt to receive ten lashes rather than spend five years in prison. Paradoxically, a significant number of us would condemn corporal punishment as barbaric and inhumane. If imprisonment ... | |
Through their actions, career criminals and drug offenders often subject their families to misery far in excess of the temporary absence of a loved one, or transient financial hardship. The damaging processes of taking drugs and supporting a habit are normalised for children living with addicts; children exposed to dru... | |
Custodial sentences make recidivism more likely A custodial sentence is capable of destroying the relationships and livelihood of an offender. Imprisonment means that an offender will be unable to work and will lose his job, if he has one. Statistics sourced from the Pew Foundation indicate that a criminal record can ... | |
Imprisonment punishes offenders’ families Even though liberal democratic systems of justice continue to place an emphasis on punishment rather than rehabilitation, sentences are still required to be proportionate to the crime that they punish. Further, a sentence must only punish those judged responsible for the crime... | |
The opposition is unable to conclusively prove that the growth in the prison population and the reduced effectiveness of rehabilitation is a direct result of over-criminalisation. It may be true that the list of non-traditional crimes is expanding, but the harm that the resolution is seeking to address arises in the p... | |
States’ duty to avoid the use of force when solving social problems How will the severity and legality of flogging be monitored? How will it be reconciled with existing liberal democratic value sets? The majority of western liberal democracies are party to inter-governmental and supranational agreements that expressly... | |
There is political capital to be gained from adopting a hard line stance on law and order issues, but there is also political capital to be gained from showing that a particular policy has had a positive effect on reoffending. The Pew Foundation report cited above has also determined that some 90% of US voters were in ... | |
Migrations for economic reasons is part of the modern global economy. Tibet in 1950 was massively underdeveloped with very low literacy rates, and little modern economic infrastructure. Given the determination of the Chinese government to modernize Tibet, the importation of workers was vital. Educated Chinese were need... | |
Tibetans are rapidly becoming a minority in their own country Due to systematic campaign of Sinocization, millions of Han Chinese have been encouraged to settle in Tibet, and with the support of the government they now dominate the economy and upper echelons of the administration. Demographically Tibetans are rapidly ... | |
On the contrary, this situation almost ensures that the Tibetans will become a puppet of one or another foreign power. Weak states almost invariably need allies to maintain their independence. An independent Tibet, especially one that has inherited the history of the last sixty years would likely be dominated by politi... | |
Tibet is a distinct nation with a distinct history that China illegally invaded Tibet has a long history of independence going back more than 1500 years. Even in times of Chinese “domination”, Tibetans largely governed themselves independently of the small number of Chinese officials in Lhasa. [1] Tibet at most was a... | |
In order for Tibet to have traditionally been viewed as part of the Chinese nation, there is no requirement that it have been under Chinese rule continuously. Like many other parts of “China”, it was ruled by China during times of imperial strength, and when governments weakened, so too did central authority. In this s... | |
Everything is comparative. The major reason why China does not face more serious domestic unrest is that its international and economic progress have allowed it to appeal to Chinese nationalism. Withdrawing from Tibet would be viewed as an act of weakness, one which would do far more to undermine the Communist party’s ... | |
An independent Tibet would serve as a buffer state between India and China, reducing the chances of a regional clash An independent Tibet would serve a useful purpose as a neutral and demilitarized buffer state between India and China. Given the rising economic and military clout of both powers, a future conflict is b... | |
Tibet presents an explosive domestic political issue for China which the latter would benefit from eliminating Tibet, and the resistance Tibetans continue to show to Chinese rule presents a toxic domestic and international political problem that costs far more than it worth. Domestically, violence in Tibet is the mos... | |
While of obvious interest, it is hard to see how Chinese opinion is of vital relevance to whether or not Tibet should enjoy independence. Serbian opinion was almost certainly overwhelmingly against Kosovar claims in 1998, and it can be assumed that Southern Sudanese Secession may have been less than popular on the stre... | |
Such progress has been self-serving, with many of the economic gains made by Han Settlers. Secondly it has come at the cost of Tibetan culture and the very national identity that Tibetans hold dear. It is also absurd to suggest that these gains would disappear upon independence. Tibet would likely seek to continue to ... | |
Tibet is almost 50% Han Chinese and they dominate the economy. Expelling them would be catastrophic Whatever the reasons or the moral legitimacy behind the move, Tibet is a very different place today than it was in 1950. According to the 2000 census, 2.3 million of Tibet’s 7.3 Million citizens are Han Chinese, and if ... | |
Tibet could never be a viable independent state and would either become a Chinese puppet or a launching pad for American and Indian power against China. Given the realities of geography, Tibet has little prospect of real independence. Landlocked, with few natural resources, and no clear way to get any resources it doe... | |
China has viewed the last century and a half as non-stop efforts by Westerners to divide China. This looks like another. The last century and a half of relations between China and the West have from the Chinese perspective been one long period of national dismemberment. In 1842 the British took control of Hong Kong af... | |
Tibet has made enormous strides under Chinese rule Contrary to the impressions forwarded by the proposition, Tibet has made enormous strides under Chinese rule. The urban population has increased seven-fold since 1950, [1] literacy has increased from the teens to being as high as 95%, [2] and the average life expectan... | |
Simple geography makes a general conflict over Tibet unlikely. Located on some of the most mountainous terrain in the world, moving large armies would be next to impossible in the region, with the consequence that conflicts like the Sino-Indian war of 1962 were contained by the simple inability of the combatants to bri... | |
First of all it is worth noting that the Chinese settlers are themselves the product of deliberate campaign of cultural genocide on the part of the Chinese government. While individually they may be innocent, by their participation they have become targets. In this sense there is little difference between them and Isra... | |
This simply shows a need to either expand the law enforcement agencies or else have locals who are deputised. There is no need to turn schools into an armed environment in order to ensure that someone who is responsible who is armed is close enough to respond to any crisis at a school. | |
Not all schools have police available to protect them. All schools and schoolchildren need to be protected yet not all schools are anywhere near a source of protection. Arming some teachers is most urgent in areas police provision is scarce due to diminished funds. Places like Harrold county in Texas have a sheriff’s ... | |
Why shouldn’t they carry guns if teachers can? Surely in such uncertain situations as Columbine they should also carry the right to protect their classmates? Even if children aren’t legally meant to carry them anyway then what’s to stop moral gray areas from occurring in situations of self-protection for an entire clas... | |
Arming teachers would mean safer schools If school teachers, as people in positions of authority over vulnerable groups, were permitted to carry arms then it would guarantee greater protection for children. Incidents in recent years such as the massacre at Columbine High School have proven that a significant risk exis... | |
The logical fallacy here is the assumption that teachers will always have pupils’ best interests at heart. There’s little to stop children from becoming extremely vulnerable if they are under the supervision of someone who could turn on them. Gun attacks like Columbine and Virginia Tech are often by people whose potent... | |
That teachers may also sometimes need protection does not alter the debate. They could equally be protected by having better police services and officers closer to schools. If teacher needs a gun for protection from someone threatening them then they are putting the children they are responsible for in danger. If Jane ... | |
The Second Amendment When it comes down to it, the right to bear arms is enshrined in the American constitution. This right applies just as much to teachers as it does to anyone else. Having a right to bear arms means there is always going to the threat that one person can draw and use a weapon against another. The be... | |
Teachers need protection just as much as students An incident in Medford, Oregon in 2007 illustrated how teachers need to be able to protect themselves as well as their students. Gun lobbyists claimed teacher Jane Doe’s reasons for wanting to be armed while teaching were based on the restraining order against her ex-h... | |
Teachers in places where the scheme has already been piloted have received training from private security firms. In Harrold county, teachers have also been provided with special ammunition that avoids ricocheting and therefore minimises the threat of students being caught in crossfire. [1] Other schools in more urban p... | |
Schools such as those in the county of Harrold, TX [1] have already introduced laws allowing teachers to carry pistols, but largely in a concealed fashion. This therefore leaves children unawares and thus not distracted by seeing teachers prominently carrying guns. Furthermore, with teachers carrying concealed arms, an... | |
Guns in schools might be used in circumstances other than defense. Having guns in the classroom will more than likely increase the chances of gun related violence in schools. It would increase the chance of gun related accidents; although only a very small chance there would previously have been no chance. It may well... | |
How could arming teachers be regulated? If teachers can bear arms, then what’s to stop other people in the school environment in contact with children, such as janitors, from demanding they should too, or even getting hold of them illicitly? Many of them won’t have been certified or checked, and as such there is no gu... | |
Children would be caught in the crossfire We need to remember that we’re most likely dealing with threats to young people by other young people here. If teachers were granted the right of ‘shoot to kill,’ as the mechanism would imply, of anyone they found threatening, the consequences to completely innocent people in ... | |
Children are impressionable Allowing teachers to carry arms in school could mean that very young children could easily become acclimatised to the idea that carrying a gun and ultimately gun usage is ok. Surely the way to prevent incidents like Columbine from happening is to teach children about the potentially destruc... | |
The opposition’s point is a rather speculative one, as you could apply this argument to teachers in general, or anyone in positions of power over more vulnerable groups, such as nurses or doctors. Just because a minority choose to abuse (such as with the paedophile scandals in reported in some public US high schools) [... | |
The chances of accidents would be miniscule as teacher would be trained to carry the gun and would keep it with them at all times when in the classroom so there would be no chance of the students playing with the gun. The deterrence effect of having guns in school is likely to mean that the number of shootings will go ... | |
Victims of any form of crime, regardless of their life choices, are free to come to the police for protection and will be provided with the same protections as anyone else. The fact that people who commit crimes may feel less comfortable going to the police to avoid self-incrimination is not a reason to remove those la... | |
Decriminalisation will protect practitioners of sadomasochism The criminalisation of S&M removes legal protection from individuals who suffer an abuse of consent while submitting to sadistic practices. Where a dominant partner ignores safe words or pushes a session too far, the criminal status of S&M may lead ... | |
The notion of consent cannot apply to a practice in which participants lack the ability to withdraw at any given time. Rape cases are easier to prosecute as it is clear and evident that the victim did not consent to the activity. The legalization of sadomasochism would create situations in which consent has been given ... | |
The criminalisation of sadomasochism infringes on individual liberty Control of one’s own body is the most fundamental of human rights. No government should be permitted to define how its citizens can express themselves. The distinction between the permissible and the impermissible should be drawn at the line of conse... | |
Every government has a duty to protect the moral and physical health of all its citizens. Firstly, the defining characteristic of sadomasochism is that it does harm to others. The activity has a victim. It is not a simple question of one individual being permitted to harm himself. Secondly, the fact of the victim’s con... | |
When less painful but equally effective variations on existing beauty treatments enter the market, they quickly assume a position of dominance. Women and men who want to enhance their physical appearance do not automatically seek out the most painful way of doing so. The proposition conflates a means of achieving sexu... | |
Sadomasochistic practices should be legal between informed, consenting adults. It is sufficient for the decriminalization of sadomasochism that each participant is aware of the hazards inherent in the fetishes they will be exploring and consents to them. No law prohibits people from refusing to wear a condom during se... | |
Western ideals of beauty already permit individual to endure intense physical pain in order to achieve sexual gratification The idealization of physical beauty within American and European culture has created a demand for increasingly interventionist forms of cosmetic enhancement. Women and men are prepared to pay hun... | |
Where should the line between sadomasochistc and “conventional” sexual activity be drawn? The English appeal case of R v Slingsby [i] concerned the accidental death of an individual who had consented to an inherently risky sexual act (the insertion of her partner’s fist into her anus) that was considered “vigorous” but... | |
The state has no right to decide what is “moral” or “immoral” for society. Each and every individual through their freedom of conscience is allowed to determine for themselves what a moral act would be as the government has no way of determining that with any certainty. Moreover, there is no evidence that suggests any... | |
It is not possible to meaningfully consent to sadomasochistic sex Meaningful consent requires both that the person is informed and of age when consenting, but also requires the ability to withdraw consent at any point in time. Sadomasochism does not afford this crucial requisite of consent to the individual, and there... | |
The right to privacy counterbalances the state's obligation to ban sadomasochistic sex y the proposition, those who want to engage in violent sexual activities will do so, irrespective of laws to the contrary. Without undermining core liberal concepts of privacy and freedom of association, the state will be unable to ... | |
The state permits individuals to risk harming themselves only where such risks can be independently scrutinised and regulated A distinction should be made between socially legitimatized recreational violence- such as rugby or boxing- and stigmatized recreational violence- such as S&M [i] . Rugby, ice hockey or mot... | |
The pursuit of pain for the purpose of achieving pleasure is an immoral act Not only does the state have the right and obligation to uphold the morals of society and stop deviant behavior, but it also has an obligation to prevent escalation of deviance. Acts such as sadomasochism are good indicators of the propensity ... | |
It should first be observed that accidents and inadvertent harm can befall S&M practitioners irrespective of the level of caution that they exercise. It is unacceptable to require responsible adults to run the risk of prosecution whenever they engage in a consensual act of sexual expression. Further, relationships... | |
Sadomasochism need not be rendered completely free of risk. It is sufficient that each participant is aware of the hazards and consents to them. Moreover, no government can legislate for the most reckless of its citizens. If an individual is so disturbed as to place a plastic bag over his head for the purpose of sexual... | |
Although it is true that Bashar al-Assad has very strong entrenched powers of control in Syria, there are less risky and damaging ways to undermine this to help support the domestic opposition movements if this is your aim. The crux of this case comes down to the capacity of the government to outspend the opposition mo... | |
Success depends on military intervention. There is no reasonable chance of success for the opposition movement absent substantial military re-enforcement by the West. The Syrian government is uniquely placed for several reasons to be able to quell any opposition movement and to rule by fear and force for an indefinit... | |
We have a duty to launch a humanitarian intervention in Syria. Widespread indiscriminate killing of human beings is something that everyone in the world has an obligation to end. Mass killing of people is something that affronts the very basic meaning of what it is to be human. It denies the basic empathy and value we... | |
Even if we do have an obligation to end mass suffering and indiscriminate killing, invasion is not the way to do so. Western intervention will inevitably increase the collateral damage by escalating the conflict into a full-scale war. Moreover, there is no guarantee that intervention will solve this conflict in the lon... | |
There is no obligation to try every other option if the other options are unlikely to work. People are unjustly suffering now, and we have an obligation to end that suffering as quickly and as efficiently as possible. Sanctions and asset-freezing are notoriously ineffective on oil-producing countries like Syria. Going ... | |
The nature of the opposition movements makes this an unwinnable war. The lack of coherent and unified opposition in Syria means that a Western invasion force will have very low chances of meaningful success. Western intervention always carries the risk of fracturing a conflict by splintering opposition movements into... | |
Invasion is not yet justified. Invasion is an option of very last resort, especially when dealing with a country of such strategic importance such as Syria. Invasion is an option of last resort because of the collateral damage it necessarily leads to, the impediment on sovereignty it entails and the escalation of con... | |
The disunity of the opposition movements is the exact reason why we need to invade Syria. The other measures that are usually used to avoid war to aid opposition movements in oppressive dictatorships such as Syria, as outlined in Opposition Argument One, will not work. The only way we can end the slaughter of the Syria... | |
ASBOs offer a wide flexibility to the sentencing authority as they are not only a punishment for past actions but also a form of restraint to prevent future misbehaviour. They permit the judge or magistrate to forbid the offender to go to a certain place, avoid a certain person, and ban them from participating in a par... | |
ASBOS encourage antisocial behavour ASBOs are explicitly intended to deal with bad juvenile behaviour. But they encourage rather than deal with such problems. They are viewed as badges of honour that boosts street credibility amongst young gangs – the ‘naming and shaming’ just increases this. [1] They push people that... | |
The problem of service and enforcement of ASBOs is identical that of all other court orders and can be solved the same way – in the proposition example the obvious solution would be to ensure that the youth in question had had the order fully explained to him on service. An ASBO can only be made after a court hearing ... | |
ASBOs do not address the real problem ASBOs address the symptom, not the condition. Their powers are wide and undefined – too wide, meaning that Judges and magistrates can do pretty much whatever they like. Certainly there are problems in the way people conduct themselves – but if such behaviour isn’t criminal, then i... | |
Something meaningful has to exist to punish actions that don’t merit criminal punishment, but damage the quality of life of others, especially through constant repetition. The ASBO is such a tool. It is intended to be the primary weapon in a ‘zero tolerance’ environment. ASBOs allow communities to take back their stree... | |
The wackier examples of ASBOs are actually demonstrations of what the order can do and other laws cannot. The woman who has an ASBO restraining her from jumping into rivers shows that the order can help with the thorny problem of actions that aren’t illegal, but place huge burdens on the emergency services and place th... | |
ASBOS breach basic principles of justice “A youth recently appeared in Court in Manchester for breach of his ASBO. The Order had been made in the youth's absence without his being able to give his side of the story (one of the main concerns about ASBOs and one that can lead to misuse). The day after the Order was made... | |
There is no respect among the population for ASBOS Newspapers are full of examples of absurd ASBOs. They make an ass of the law and show that the nanny state is overreaching. People trying to kill themselves really aren’t going to be put off by the prospect of breaching their ASBO. [1] Other examples include a prosti... | |
Criminal behaviour ought to be dealt with by the ordinary criminal law – not through various forms of civil order. While much discussed, criminality is criminality, and non-criminal anti-social behaviour, while anti-social, should not be criminalized directly or indirectly. | |
Sentencing shouldn’t be affected by such considerations. If we need more prisons, we should build them. The point is that offenders should get the punishment they deserve. If they only need light punishment, fine – but don’t argue that those who should otherwise go to prison must get ASBOs for economic reasons – this i... | |
No system is perfect Of course, some ASBOs fail. But no aspect of the justice system has a 100% success rate, and by their nature ASBOs are more likely to be abused because (unlike prison) the offender remains in his own environment. Should more in breach of ASBOs be punished? Sure. That’s not an argument against ASBO... | |
Useful tool to combat anti-social behaviour ASBOs are a useful tool in the armoury in order to combat anti-social behaviour. Anti-social behaviour is a serious problem in the wider community (76% thinking it is a moderate or big problem in 2006 [1] ) – abolishing them would send out a message that such behaviour is ac... | |
We need to imprison fewer people The prison population is soaring, to 87749 on 5th November 2011 in England and Wales, and we have to find ways to keep it down, or at least slow the speed of its rise. Talking about crushing sentences for all may arouse the passions of a certain type of voter but we have to have a prag... | |
58% of ASBOs have been breached, [1] with little resulting punishment. Only 2% of those who breach their ASBO are currently punished with a prison sentence. [2] This brings the justice system into disrepute. It doesn’t seem to matter if they’re breached – so people don’t care about getting them. Furthermore, they’re no... | |
Many of these so-called “stunts” may actually be legitimate accusations that deserve to be heard in a court. If an accusation is unfounded, charges will not be brought (or not confirmed at the ICC, for example), or a verdict of not guilty returned. Just because a person is high profile does not mean that they are inno... | |
Helps avoid political stunt trials Heads of state and senior politicians are targets for political stunts. This could be seeking to get a political opponent locked up so as to benefit from the removal of an opponent. Alternatively it may be as part of a publicity stunt to highlight their own issue of concern or organi... | |
That’s equally an argument against international criminal law as head of state immunity. While there may be instances where the head of state or government has to take decisions that might be criminal for the greater good – for example ordering the abduction or assassination of a terrorist – these instances are rare an... | |
Necessity for diplomatic relations International diplomacy involves visits by both diplomats and government figures to other states. This can even include states where relations are tense or even hostile. India and Pakistan, who have a very tense relationship and share one of the most fortified borders in the world, t... | |
Whatever the justification, impunity is unacceptable. It is a key part of the rule of law that everyone is subject to the law. To grant individuals impunity for whatever reason is unacceptable. Even if diplomatic immunity is accepted, diplomats are less likely in their role to commit international crimes that a head o... | |
Greater good – fear of prosecution problematic Sometimes people will do bad things in order to achieve good and necessary results. For example, the Allied bombing campaigns in the Second World War would be highly likely to amount to a war crime under the Rome Statute if they were done today. They were indiscriminate, ... | |
There is no evidence as a whole to suggest international criminal law as a whole is a deterrent. Risk of prosecution or no risk of prosecution, there will always be leaders who commit horrible acts. Those who reach leadership positions where they can carry out acts that are considered to be heinous enough that they are... |
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