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test-law-tahglcphsld-con01b
Many things that can be dangerous are legal, from drugs such as alcohol, to activities such as skydiving, or even rugby. However, millions of people are able to drink or play sports without harming themselves or society. It would seem draconian and extremely paternalistic for the government to ban everything that has the potential to be dangerous; instead, they should educate people about the dangers, but trust them to make decisions about their own lives. The State has no authority to force its own morality on the general populace unless these drugs can be proven to harm others. The State is the facilitator of the voters’ desires in a democracy. So, a State enforced, morality goes against the obligations of the State to its people.
test-law-tahglcphsld-con02a
More people will take drugs if they are legal Considering that drug use has so many negative consequences, it would be disastrous to have it increase. However, the free availability of drugs once they are legal will make it far easier for individuals to buy and use them. In most cases, under 1% of the population of OECD countries regularly use illegal drugs; many more drink alcohol or smoke tobacco. [1] This must at least partly to do with the illegality. Indeed, in an Australian survey, 29% of those who had never used cannabis cited the illegality of the substance as their reason for never using the drug, while 19% of those who had ceased use of cannabis cited its illegality as their reason. [2] [1] UN Office on Drugs and Crime, World Drug Report 2009, [2] NSW Bureau of Crime and Statistics, ‘Does Prohibition Deter Cannabis use?’, 23 August 2001, $file/mr_cjb58.pdf
test-law-tahglcphsld-con01a
Drugs are dangerous, and the governement should discourage its use The government has a responsibility to protect its citizens; if a substance will do people and society significant harm, then that substance should be banned. There is no such thing as a safe form of a drug. Legalization can only make drugs purer, and therefore perhaps more deadly and addictive. Many illegal drugs are closely related to potentially dangerous medicines, whose prescription is tightly restricted to trained professionals, but the proposition would effectively be allowing anyone to take anything they wished regardless of the known medical dangers. However entrenched in modern culture drugs may be, legalising them will only make them appear more acceptable. The state has a duty to send out the right message, and its health campaigns will be fundamentally undermined by the suggestion that drugs are harmless, which is what will be understood from their legalisation – just like when cannabis was downgraded in the UK.
test-law-tahglcphsld-con02b
When drugs are illegal, this does not stop people from using them. A Canadian report on the matter concluded, "The licit or illicit status of substances has little impact on their use." [1] In addition, even though drugs are illegal, it is not hard to access them. In a Spanish survey, 92.9% of Spanish students said that it was very easy to access illegal drugs – even though only 11.6% used cannabis, which was the most used. [2] Even using the survey quoted by opposition, it is clear that the majority of people surveyed did not view the illegality of cannabis as a reason not to use it. [1] Parliament of Canada House of Commons, Special Committee on Non-Medical Use of Drugs, report issued November, 2002, [2] Eurocare, ‘92.9 % of Spanish students say that access to drugs is very easy’, 26 March 2010,
test-law-cppshbcjsfm-pro02b
Crime is not pathology, it is not the product of circumstance, and it is certainly not the product of coincidence. As the case of Husng Guangyu shows, despite being Chinas richest man he still committed crimes involving illegal business dealing, insider trading and bribery and was then sentenced to 14 years. This was rightly given in order as a just punishment for the cost of the crimes he had committed and to deter others from such practices. [1] Crime is the result of choices made by the individual, and therefore the justice system must condemn those choices when they violate society’s rules. To say otherwise (i.e. to say that criminals are merely the product of their unfortunate circumstances) would be an insult to human autonomy - the liberalist idea that our judicial system is based on, in saying that individuals are given the power to make their own decisions freely and this should be interfered with in as little as possible. It would be to deny the possibility of human actors making good decisions in the face of hardship. Retributivism alone best recognises the offender’s status as a moral agent, by asking that he take responsibility for what he has done, rather than to make excuses for it. It appeals to an inherent sense of right and wrong, and in this way is the most respectful to humanity because it recognises that persons are indeed fundamentally capable of moral deliberation, no matter what their personal circumstances are. [1] Jingqiong, Wang and Zhu Zhe, ‘Former richest man gets 14 years in prison’, China Daily, 19 May 2010.
test-law-cppshbcjsfm-pro02a
Rehabilitation Has Greater Regard For the Offender Rehabilitation has another important value – it recognises the reality of social inequity. To say that some offenders need help to be rehabilitated is to accept the idea that circumstances can constrain, if not compel, and lead to criminality; it admits that we can help unfortunate persons who have been overcome by their circumstance. It rejects the idea that individuals, regardless of their position in the social order, exercise equal freedom in deciding whether to commit a crime, and should be punished equally according to their offence, irrespective of their social backgrounds. Prisons are little more than schools of crime if there aren't any rehabilitation programs. Prisons isolate offenders from their families and friends so that when they are released their social networks tend to be made up largely of those whom they met in prison. As well as sharing ideas, prisoners may validate each others’ criminal activity. Employers are less willing to employ those who have been to prison. Such circumstances may reduce the options available to past offenders and make future criminal behaviour more likely. Rehabilitation becomes more difficult. In addition, rates of self-harm and abuse are alarmingly high within both men’s and women’s prisons. In 2006 alone, there were 11,503 attempts by women to self-harm in British prisons. [1] This suggests that imprisoning offenders unnecessarily is harmful both for the offenders themselves and for society as a whole. [1] Women in Prison. Statistics. Retrieved August 4, 2011, from Women in Prison .
test-law-cppshbcjsfm-pro01b
A sanction should not merely be helpful – it should treat the offending conduct as wrong. The purpose of punishment is to show disapproval for the offender’s wrongdoing, and to clearly condemn his criminal actions. This is what was and is being done with the offenders of the August riots, the most common example is of an the two men who attempted to organise riots using Facebook, both were sentenced to four years and shows societies disgust in the events of the riots and acts as a message for future. [1] A prison sentence is as much a punishment for the offender as a symbol of the reaction of society. Society creates law as an expression of the type of society we are aiming to create. This is why we punish; we punish to censure (retribution), we do not punish merely to help a person change for the better (rehabilitation). We still have to punish a robber or a murderer, even if he is truly sorry and even if he would really, really never offend again and even if we could somehow tell that for certain. This is because justice, and not rehabilitation, makes sense as the justification for punishment. Why is justice and censure (‘retribution’) so important? Because unless the criminal justice system responds to persons who have violated society’s rules by communicating, through punishment, the censure of that offending conduct, the system will fail to show society that it takes its own rules (and the breach of them) seriously. There are other important reasons as well: such as to convey to victims the acknowledgement that they have been wronged. Punishment, in other words, may be justified by the aim of achieving ‘justice’ and ‘desert’, and not by the aim of rehabilitation. [1] Bowcott, Owen, Haroon Siddique and Andrew Sparrow, ‘Facebook cases trigger criticism of ‘disproportionate’ riot sentences’, guardian.co.uk, 17 August 2011 .
test-law-cppshbcjsfm-con04a
Rehabilitation Constitutes an Unjustifiable Further Expense The evidence from all over the world suggests that recidivism rates are difficult to reduce and that some offenders just can’t be rehabilitated. It therefore makes economic sense to cut all rehabilitation programs and concentrate on ensuring that prisoners serve the time they deserve for their crimes and are kept off the streets where they are bound to re-offend. As it can be seen that some deserving of a longer sentence only receive short sentences due to lack of time and space and some who have committed shorter sentences are given long sentences aimed at making a point or sending a message. Currently, the government will continue to be gambling tax payers’ money on programs that will not give anything back into the society that it took from. Britain spends £45,000 a year on each of its prisoners and yet 50% will go on to re-offend, ‘which translates into a dead investment of £2 billion annually. [1] Rehabilitation programs should be scrapped and taxpayers asked only to pay the bare minimum to keep offenders off the streets. They can’t harm society if they are behind bars. [1] Bois, N. D., ‘Retribution and Rehabilitation: A Modern Conservative Justice Policy’. Dale & Co. 20 July 2011.
test-law-cppshbcjsfm-con03a
How Would One Know a System of Rehabilitation Is Really Working The question “does it work” must be joined by the second question: “even if it does work, how can you tell, with each individual offender, when it has worked?” How would we check if this system is really working? Tagging prisoners? Free counselling for the prisoner for the rest of their life? These measures would require huge administration costs and then the question follows would it even be feasible to enforce such a system? The root of criminality exists before exposure to the prison system; otherwise criminals would have no reason to be there in the first place. What may be more sensible is to analyse the root causes of what makes criminals offend in the first instance and introduce reform to counteract it, for example the economic crisis. [1] Some have cited the education system as failing to instil a sense of morality in people. Others suggest that a lack of welfare leads individuals to lose faith in society and therefore be unwilling to follow the law. Assuming that the right time to change people’s outlook on society is after they have offended is naïve – criminal urges are better ‘nipped in the bud’. It could be argued that criminal mentalities are inherent within certain individuals, either due to their inborn psyche or their upbringing. If one accepts this, then basic rehabilitation into society is going to do little to stop re-offending, whereas incarceration will keep them in a position where they cannot offend. Allowing them easy passage back into the world, with minimal supervision, could provide a gateway for them to commit more serious crimes. [1] Dodd, Vikram, ‘Police face years of public disorder, former Met chief warns’, guardian.co.uk, 6 December 2011.
test-law-cppshbcjsfm-con01a
Rehabilitation Does Not Serve The Needs of Society The primary goal of our criminal justice system is to remove offenders from general society and protect law abiding citizens. Many criminals are repeat offenders and rehabilitation can be a long and expensive process. In Jamaica, police claim repeat offenders are responsible for over 80% of local crime despite rehabilitation programmes in prisons. [1] Ideally therefore, retribution and rehabilitation should work hand in hand to protect citizens in the short and long term. There are some successful examples of this happening, where prisons encourage inmates to take part in group activities such as football. Some prisons have started cooking programmes where inmates learn to cook in a professional environment and leave with a qualification. However the first priority is the removal of the convicted criminal from society in order to protect the innocent. Rehabilitation should be a secondary concern. The primary concern of the criminal justice system should be the protection of the non-guilty parties. The needs of society are therefore met by the immediate removal of the offender. In addition a more retributive approach serves society through the message it conveys. Most modern defences of retribution would emphasize its role in reinforcing the moral values of society and expressing the public's outrage at certain crimes. Rehabilitation therefore weakens the strong message of disgust as to the offender’s actions that a traditional prison sentence symbolises and the deterrent that it thus provides. [1] Chang, K. O. ‘Lock up repeat offenders for life’. Jamaica Gleaner, 17 September 2006 .
test-law-lghbacpsba-pro05b
It is very unusual to have a case where it would be certain that disclosure would in no way affect the client. Clients want confidentiality for a wide variety of reasons, not only for reasons connected to personal criminal liability. Even if these confidences are not any sort of admission of criminal wrongdoing, they may nonetheless be matters that the client, for one reason or another, would not wish divulged. Abolishing the privilege not only violates a person’s right to privacy, but a person who knows that his communications may be later revealed (even after his death, or even with ‘use immunity’) may well decide that it is better not to go to a lawyer in the first place – in other words, leading to an access to justice problem. This becomes even more of a problem if the privilege may be overridden when it is in the public interest as the client is not going to know when this may be considered to be the case. Better to keep the information to him/herself rather than opening the possibility that it may be used ‘in the public interest’
test-law-lghbacpsba-con02b
All this shows is that our 'adversarial system' is flawed. Rather than each party trying to pull the wool over the courts eyes and only see their version of the facts surely the system of justice would operate better if each attorney had the duty to the court in finding the truth. Perhaps it is for this reason that mediation is often seen as the better way to solve disputes. In mediation, the parties are each trying to reach an out of court settlement that balances both of their needs. Justice would be achieved more easily in this mediation setting if the client-attorney privilege did not apply. Solicitors then would truly be looking to advance justice, not the clients best interests. Justice is supposed to be unbiased in this regard.
test-law-hrilpgwhwr-pro02b
The ICC does not offer lasting peace to victims, but can instead re-open old wounds. 'It is by no means clear that 'justice' as defined by the Court and Prosecutor is always consistent with the attainable political resolution of serious political and military disputes' argues John Bolton. The ICC deals with individual criminals and specific crimes in a vacuum, it is unable to appreciate the, albeit paradoxical, notion that it may be in the best interests of the resolution of conflict for the perpetrators to go unpunished and victims to forego reparations. 'Circumstances differ, and circumstances matter'1 the ICC in offering lasting peace to victims of war crimes is unable to weigh the circumstances in the manner of an ad hoc tribunal tailored to the specific conflict. 1 Bolton, J. (2002, November 12). The United States and the International Criminal Court. Retrieved May 11, 2011, from
test-law-hrilpgwhwr-pro02a
The ICC offers justice to victims of war crimes. The ICC offers a multilateral means by which international law can be brought to bear on the perpetrators of war crimes. As Amnesty International argues, 'the ICC ensures that those who commit serious human rights violations are held accountable. Justice helps promote lasting peace, enables victims to rebuild their lives and sends a strong message that perpetrators of serious international crimes will not go unpunished'. Furthermore, and for the first time, the ICC has the power to order a criminal to pay reparations to a victim who has suffered as a result of their crimes. Such reparations may include restitution, indemnification and rehabilitation. Judges are able to order such reparations whether the victims have been able to apply for them or not. Though reparations will often not be sufficient on their own for lasting peace, they are a step in the right direction and only made possible by the establishment of the ICC.
test-law-hrilpgwhwr-pro01a
The ICC allows for the prosecution of war criminals. Law-abiding states like the United States that have yet to ratify the ICC should have nothing to fear if they behave lawfully. The Prosecutor of the ICC is only concerned with the most grave offences and it defies belief that the US would approve a strategy of genocide or systematic mass violations of human rights that could attract the jurisdiction of the ICC. Further, the discretion of the Prosecutor is not unchecked. The Statute requires that the approval of three judges sitting in a pre-trial chamber be obtained before an arrest warrant can be issued or proceedings initiated. Moreover, there is no harm to the interests of the US in being subjected to a mere preliminary investigation. In fact, it is preferable that spurious accusations are briefly examined and shown to be baseless, than that these accusations be allowed to raise doubts about the credibility of a State's actions and the impartiality of the Tribunal in question. The US acceptance of the jurisdiction of the Prosecutor of the ICTY is evident ; the US troops forming part of the KFOR peacekeeping force in Kosovo could equally be subject to investigation and prosecution by the ICTY. The US is prepared for its forces to operate under the scrutiny of the ICTY since it reasonably does not expect its members to commit the very crimes they are deployed to prevent.
test-law-hrilpgwhwr-con03b
The ICC does not have too much authority, merely the necessary authority to be useful as an institution. It is the very pre-eminence of the US that demands it adhere to the international rule of law, the ICC's existence will not alter that nor lead to charges for legitimate actions. It is perfectly possible to conduct a campaign for bona fide reasons of saving lives and protecting human rights that involves the commission of war crimes. The ICC can reasonably demand that the US, or any other State, pursue their lawful ends by lawful means. Moreover, it matters not to the victim of a gross human rights violation whether the perpetrator was the regime of a rogue state or the service member of a State seeking to protect the population. Further, other States with significant military commitments overseas, such as the UK and France, have ratified the Rome Statute without equivocation. These States accept that intervening in other States to uphold international human rights demands respect for these same norms.
test-law-hrilpgwhwr-con01b
The budget of the ICC is not particularly excessive and can be maintained without US finance. The withholding of US funds from the UN budget is a familiar tactic for expressing disapproval. In 1998, the total US arrears on assessed contributions that had been approved by the Security Council amounted to over $1.3 billion1. Whilst the operation of UN institutions and operations, in particular peacekeeping, might have suffered, the UN was still able to function. Likewise, there is no reason to suggest that the refusal of the US, or even Japan, to ratify the Rome Statute, would preclude the operation of the ICC. The Statute allows the donation of additional funds and resources from other State Parties. With regard to the ICTY, the EU has consistently contributed personnel, in addition to the payment of the assessed contribution of each of the 15 States. $100 million might seem a significant expense. However, it is both trite and true that no price should be put on justice. Not least justice for thousands of victims of some of the most heinous crimes imaginable. 1 Lautze, S. (2000, October). US Arrears to the UN. Retrieved May 11, 2011, from Humanitarian Exchange Magazine:
test-law-hrilpgwhwr-con02a
It may be in the best interests of victims and their state for war criminals not to be brought to trial. The ICC may well lead to the political prosecution of war criminals, but that is not necessarily the most effective means to peace, or lasting peace for victims. As U.S. policy papers have pointed out, despots like Pol Pot and Saddam Hussein did not consult lawyers over potential legal ramifications before they committed their respective human rights violations1. Furthermore, the impact on an oppressed population of a long, protracted trial of their fallen dictator is not always therapeutic for it can dredge up events of particularly melancholic qualities and grants the dictator a platform to continue his psychological control over his population. 1 Elsea, J. K. (2006). U.S. Policy Regarding the International Criminal Court. Congressional Research Service, p. 22.
test-law-hrilpgwhwr-con01a
The ICC generates crippling expenses. Cautious estimates suggest an operating budget of $100 million per year1. The costs of the ICTY and ICTR have already spiralled out of control, and the latter tribunal has a legacy of maladministration and internal corruption. The US contributes 25% of the budget for both the tribunals, which amounted to $58 million in the fiscal year 20002. It is dubious whether the ICC could survive without US financial support. The UN as a whole is obligated only to fund investigations and prosecutions initiated at the request of the Security Council. Every other investigation must be funded by assessed contributions from the States that have ratified the Rome Statute. Although the UN could authorise the transfer of additional funds, the procedure would require a UN Security Council resolution that would of course be subject to the US veto. Alternatively, it is accepted that State Parties to the Statute could directly contribute funds or personnel to the ICC. However, the possibility of partiality or even corruption is manifest where States with their individual political interests are deploying and directing their own staff within the Office of the Prosecutor of the ICC. 1 Irwin, R. (2010, January 8). ICC Trials Hit by Budget Cuts. Retrieved May 11, 2011, from Institute for War & Peace Reporting: 2 Scharf, M. P. (2000, October). The Special Court for Sierra Leone. Retrieved May 11, 2011, from American Society of International Law:
test-law-hrilpgwhwr-con04b
The crime of aggression is not remarkably novel. Intervening in the domestic affairs of a sovereign State is contrary to norms of conventional and customary law. The UN Charter prohibits both the unauthorised use of force against another State and any intervention in its domestic jurisdiction. Moreover, the fact that the crime of aggression has not yet been defined means that this objection to the ICC is purely hypothetical. The US should in fact be encouraged to ratify the Rome Statute in order to allow its negotiators to play an active role in the Assembly of State Parties. The Assembly is currently responsible for drafting the definition of this crime.
test-law-hrilpgwhwr-con02b
It is always in the best interest of victims for war criminals to be brought to justice, even if in the intermediate period there is a great deal of stress and suppressed grief. The ICC has the power not only to punish war criminals with incarceration, but order reparations to be paid to victims. Though financial reward cannot cover the loss of life or injury, it is a start and could not directly come from the criminal themselves without the influence and power of the ICC. Furthermore, it establishes a precedent that demonstrates to the wider public that victims will, however long it takes and however hard the ICC must work, get justice for their suffering.
test-education-ufsdfkhbwu-con02b
Singapore in this particular instance is securing far more than a ‘service provider’ from a university whose foundation precedes that of the state by over a century. Yale is an internationally identifiable brand, as would any other major university be, and Singapore and NUS benefit from that association. Yale is in a strong position here to argue for things that stretch well beyond the lecture theatre.
test-education-egtuscpih-pro02b
MOOCs primarily reach already educated and thus privileged people. Roughly 80% of people who took Coursera courses already have a Bachelor' degree [12]. This statistic shows that the less-advantaged do not prefer online courses over the traditional university nor do they find them more convenient to take. At the least it shows MOOCs are just reaching the same people as universities. Even if universities drop tuition fees, which does not seem likely, the argument is entirely based on the idea that poorer people would find it easier to do courses from home. However, many of the poor do not even have access to internet at home, including an estimated 100 million poor Americans [13], not to mention much larger numbers of poorer people from less developed countries.
test-education-egtuscpih-pro02a
Online courses broadens access to education Online courses can expand access to university education. University education is based on the idea of merit - that the brightest people should be enabled to learn - however in real life many different circumstances play a role in one's ability to attend university. The result is that lots of stellar people from less-affluent backgrounds do not even apply to the best universities due to costs and anxiety involved in leaving home. In the United States the bottom 50 percent of the income distribution comprise just 14 percent of the undergraduates at top universities [10]. Online courses allow more bright people to go to a university by definitely removing accommodation and travel costs, and, as some predict, even by lowering or dropping tuition fees [11]. This argument is made even stronger by inherent flexibility of online courses, which means that people can combine studies with work and family obligations better. This improves access to education for the poor within the country and in particularly for those in less developed countries, which then improves meritocracy of the university system.
test-education-egtuscpih-pro05a
Online courses encourage sharing of academic information One of the technical features of MOOCs is that content of courses can easily be shared between universities and learners (as content is freely downloadable). This is useful in two ways. First, people who are not earning credit from the course can have full access to educational materials, which expands knowledge of those not enrolled in the university. Second, less prestigious universities can benefit by learning how to design courses better, so they can offer better services. MOOCs even offer opportunities for universities to cooperate together to offer shared courses that would decrease duplication and increase quality of education [16], which would be of even greater benefit to financially stressed institutions. Shared educational resources would expand access to education even further and drive educational standards higher through university cooperation.
test-education-egtuscpih-pro05b
Though it is good for personal development opportunities to access educational material don’t mean anything in the labour market that requires verification of understanding through grading. As regards to universities cooperating; that might actually result in the same course being offered by many smaller universities, which decreases the room for free thinking and interpretation, which is an integral part of academic development [17]. Moreover, if with MOOCs prestigious universities can accept more students, this might mean an end to many less prestigious universities altogether as they would not be able to compete. This could actually diminish access to university education for many people who cannot make the cut for the prestigious universities.
test-education-egtuscpih-pro03a
Online courses are a way to higher academic excellence Relocating to the best universities is a budgetary concern, but also family and social relations concern for many people, which prevents all the best people from even applying to universities that would suit them the best. Online courses can recruit students from anywhere in the world much easier than traditional universities can because students don't need to travel far away for the best education. This then ensures that universities have better access to the brightest people. For instance, Stanford University's online course on Artificial Intelligence enabled people from 190 countries to join, and none of students receiving a score of 100 percent where from Stanford [14]. Improving the pool of students would automatically result in better academics, professionals and science, which would benefit the society better.
test-education-egtuscpih-con03b
It is not true that online communications cannot be as good as real life communications. MOOCs platforms already are addressing student and professor involvement via such means as discussions in internet forums, Google hang-outs etc. This communication can be expanded to other means that the internet provides, such as Skype chats, conference calls, instant messaging, and even broadcasting live podcasts where people can ask questions online. Plus, it is not true that students would not be able to communicate among themselves given the possibilities of social media. Sure, they probably won't meet other students in real life, but that does not mean they cannot try to get to know each other online, especially since this is the only option. The internet has the capability to promote inclusive dialogue between students and professors, this capability just is not used to the fullest at the moment.
test-education-egtuscpih-con04a
Online courses undermine society life of the university University is not just a place for learning. A big part of student life is participating in societies and other activities, such as sports, debating, political, philosophical or other interest groups. These provide them with opportunity to explore their talents, do the things they like and also build connections that could be useful after the university. But you cannot do most of these things online as they, unlike studying, are not based on studying materials you can upload. This is why students with online courses would be deprived of these opportunities to develop themselves, build useful connections and get ideas for their further life. This is important for society too as students historically have often been an important political and social actor (e.g. see 1968 France, Athens Polytechnic uprising etc.).
test-education-egtuscpih-con01a
Financial model of online courses is unsustainable At the moment some MOOC platforms are non-profit, while even for-profit ones do not pay universities, nor do universities pay MOOC platforms, they might only divide revenue if a revenue stream appears [18]. This essentially means that MOOCs have to rely on traditional financial models of universities to survive – they need the universities to provide materials and the academics and traditional models that are based on the fact that lots of students do not take online courses. However, MOOCs might undermine traditional university funding. For instance, Princeton professor Mitchell Duneier withdrew from Coursera claiming that states use MOOCs as a justification to withdraw state funding from universities [19]. Moreover, some MOOCs consider providing chargeable courses for credit but for a substantially lower price (around 100 dollars for a course), which might draw students away from traditional universities further undermining their existence [20]. This means a depletion of universities financial sources that MOOCs themselves rely on. At the moment there is no way for MOOCs to replace traditional university learning.
test-education-ughbuesbf-pro02b
Countries need educated people, including a certain amount of university graduates, but the idea proposed, that everyone having a degree would benefit society economically, is unfounded. There is no economic benefit when people with degrees are doing jobs that do not require university education, and represents a substantial misallocation of resources on the part of the state.4 As to developing future leaders, those who are gifted or particularly driven can still rise to the top, even if university is not free, as scholarships tend to be mostly aimed at such individuals.
test-education-ughbuesbf-pro03b
There is no fundamental right to a university education; it is a service, and people should pay for it, not freeload on the taxpayer. Rights exist to provide people with the necessities of life. Some people may never have the “opportunity”, ie. wealth, to visit Hawai’i, yet that is not unfair and the state should not be expected to fund every citizen’s tropical vacation. Yet even in the presence of fees, access to scholarships and loans make it possible for people from disadvantaged economic backgrounds to find their way into university. In this way the state can provide equality of opportunity while the wealthier pay.
test-education-ughbuesbf-pro01a
Individuals have a right to the experience of higher education University offers personal, intellectual, and often spiritual, exploration. In secondary school and in professional life, no such opportunities exist as they are about instruction and following orders, not about questioning norms and conventions in the same way university so often is. [1] A life without the critical thinking skills provided by university will be less useful to society, as citizens will be unable to engage with political debate effectively – citizens need to be critical of what politicians tell them. The state has a responsibility to provide citizens with the skillset to take partake in the democratic process. [2] Free universities benefit both the citizen, as an exploration for his/her own development, and to society, for an educated and active populace. [1] Key Degree. 2010. “How to Reap the Benefits of College”. Keydegree.com. Available: ­of­college.html [2] Swift, Adam. 2001. Political Philosophy: A Beginner’s Guide for Students and Politicians. Cambridge: Polity.
test-education-ughbuesbf-pro01b
There is no right to the university experience. University life is not used as the previous argument would suggest. University life is often about alcohol first, education second. Self­knowledge and genuine wisdom come from study and reflection. This can be done anywhere, not just in a university. There is no fundamental right of individuals to be allowed to take four years free of charge to learn new skills that will benefit them or teach them how to be better citizens. The state’s duty is to provide a baseline of care, which in the case of education secondary school more than provides. If individuals want more they should pay for it themselves.
test-education-ughbuesbf-pro04b
Every action has an opportunity cost. If people are willing to take loans it shows they consider the education worth the cost. It can actually be quite beneficial to society at large that university graduates seek swift employment due to debt, since it forces them to become productive members of society more rapidly than they might have done. For example, in Ireland where higher education is free graduates often take a year or two to travel and “find themselves” while giving little or nothing back to the state that has financed their degrees. It is good that people begin contributing to the economic life of society after graduating from university, rather than frittering away their youths in unproductive pursuits.
test-education-ughbuesbf-pro03a
Individuals have a right to equal opportunities that free university provides. The employment prospects created by a university degree are substantial, and many lines of work are only available to university graduates. True merit should define the ability to attend university, not the accident of birth. With the institution of fees, access becomes more difficult, and will certainly lead to lower attendance by poorer groups. This serves to lock people into the economic situation when they are born, as getting out is much more difficult when denied access to most high­income jobs.5 5 Tribune Opinion. 2005. “Education Paves Way Out of Poverty”. Greeley Tribune​ . Available:
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State funding of higher education is actually beneficial to universities. It allows universities to get on with their research and teaching without worrying about competing and spending money on getting students to attend. The money wasted in pursuit of high numbers of students is thus saved, as the state can tend to the needs of universities.1 The idea that the state will simply neglect its universities is silly, because society and therefore the state, relies on having capable professionals whose qualifications have value. [1] Greatrix, Paul. 2011. “University Isn’t Just a Business—and the Student Isn’t Always Right”. The Guardian. Available: ­education­network/higher­education­network­blog/2011/mar/14/students­asconsumers ​
test-education-ughbuesbf-con05b
Publicly funded universities in practice do not become parrots of the state’s agenda; far from it, in fact. Often it is public institutions that are the most outspoken against government activities. The University of California, Berkeley, for example, is one of the most politically active campuses in the United States and is a public institution. States tend to let universities govern themselves, accepting that they are generally better through self-governance. Similarly, the state controls both primary and secondary education, so would the privatisation of these too further benefit independent thinking?
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The cost to the state is far too great to sustain universal free university education The system of paying for universal healthcare, education, pensions, etc. threatens to bankrupt countries. The cost of paying for free university education is ruinously high. [1] In the OECD 1.9% of GDP, a third of education expenditure, is spent on tertiary education. [2] For countries to survive, they must rethink what they can afford to provide freely to citizens. It seems fair that all states should offer access to their citizens to primary and secondary education opportunities. University, on the other hand, is not essential to life in the same way. People can be functional and responsible citizens without it. For this reason, the state must consider university in the same way it does any non­essential service; people may pay for it if they wish to partake, but it is not an entitlement owed by the state. [1] Ullman, Ben. 2007. “Should Higher Education Really Be Free For All?”. The New Statesman. Available: ­radicals/2007/01/higher­education­free­students [2] ‘What proportion of national wealth is spent on education’, Education at a glance, OECD, 2011, p.225,
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Many state services are furnished that benefit a few and are not used by others. That is often just the way such services operate. So long as everyone has access to the service, then it is just to provide it out of tax revenues. Every individual, when higher education is free, can attend university without cost. That is a right every taxpayer can enjoy. If some choose not to do so, that is fine, but it does not delegitimize the government outlay.
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Affirmative action is not the best way to deal with these issues. If it is true that there are cycles of poverty caused by past discrimination, the most precise way of righting this wrong is to offer assistance to all people in poverty to get themselves out of its cyclical grasp as opposed to blanket policies based on race or gender that may or may not necessarily help those who have been adversely affected by past discrimination.
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Affirmative action does not reduce societal prejudice, but actually increases it. By creating a situation where individuals receive state help in gaining the jobs and success they have, this simply confirms the prejudice in peoples’ minds that individuals of this group cannot gain anything on their own merit, but rather require external assistance. (Refer to opposition arguments two and three)
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There is a moral obligation to provide affirmative action programs Society has a moral obligation to right its wrongs and compensate those they have treated unjustly. Discrimination, whether overt or convert, is an unacceptable practice that arbitrarily disadvantages certain people on grounds that they have no control over. Discrimination not only is theoretically a bad thing to do to people, but also has tangible negative impacts. Discrimination against groups such as the African American community in the USA has left them without the education or employment opportunities to even have a chance at achieving the success and happiness they deserve [1] . Discrimination is unacceptable practice for any society to engage in and victims of discrimination deserve compensation for the physical and psychological harms they suffered from being rejected by their very own community [2] . Past discrimination has left communities without the physical goods and psychological feelings of acceptance and safety all individuals deserve from their country and thus there is a moral obligation of society to take steps to offer the physical and symbolic advantages they have been denied through affirmative action. [1] Aka, Philip. "Affirmative Action and the Black Experience in America." American Bar Association. 36.4 (2009): Print. [2] Aka, Philip. "Affirmative Action and the Black Experience in America." American Bar Association. 36.4 (2009): Print.
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Affirmative action reduces social prejudice Past discrimination lingers on in society through subtle prejudice that must be righted. Past discrimination against particular groups lingers today through the perception of those groups and how they perceive themselves. By using affirmative action, a demonstration effect is created where individuals are previously discriminated groups prove to society and other members of their racial or gender group that they are capable of gaining power and functioning in the same positions of power, responsibility and success as those of other groups in society. This challenges society’s perception of these groups as the poor people in society and proves to them that the individuals of this race/gender are equally capable and deserving members of society and can and should function in the same positions of society as them.
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This issue is not whether or not meritocracy is good, but rather if society is meritocratic without intervention by the public or private sector. The system is not meritocratic without affirmative action; with the endemic psychological and tangible disadvantages as discussed in proposition points two and three, people of previously discriminated groups do not get judged on their own merit. They do not receive the same basic opportunities and they are given no inspiration to strive to achieve the things that would indicate their merit because they believe it to be impossible for someone of their group. Meritocracy only works when everyone is entering a fight from the same playing field, which does not currently happen. Affirmative action adjusts this to a meritocratic system by adjusting for the fact that individuals of previously discriminated groups will not have the same indicators of merit such as academic achievements due to a lack of opportunity as opposed to lack of merit. Moreover, it will afford these individuals these missed opportunities to level the playing field in the long-run, allowing true meritocracy to exist [1] . [1] Aka, Philip. "Affirmative Action and the Black Experience in America." American Bar Association. 36.4 (2009): Print.
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The prejudice that individuals in the workplace hold for these minorities already exist through their current perception of these people as being less qualified as them due to their conspicuous absence from the workplace as it is. The best way to deal with such resentment and prejudice is to use affirmative action and bring more of these minorities into the workplace where they work side-by-side as co-workers and prove themselves as equally competent and qualified as every other person in the workplace. Although affirmative action may initially cause this assumption to occur, it is its own cure as affirmative action allows these minorities to prove themselves in the workplace and dispel such a baseless assumption.
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The main problem with the proposition argument is the belief that a graduate will be earning £40,000 immediately after leaving university, this is clearly not the case, particularly in the current economic climate, the average starting wage for a graduate was in 2009 £23,500 with only one in ten exceeding £36,000. (Milkround, 2009) The argument does in part accept this weakness however what it does not point out is that many careers which require a university degree may never pay greater than £40,000. What a graduate tax focuses on is getting a job after university, this is not always the reason that people wish to go to university, take for example a mature student who just wants to self-better themselves, could they still get access to education when the system would be built upon getting young people into work? University should not be commoditized, it should be considered sacred in its own right; introducing a graduate tax turns university into a means to get a career rather than being a place of pure education.
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A graduate tax would make university funding more sustainable A graduate tax would potentially give universities more than they get from traditional funding, as a contribution would depend directly on a person’s salary rather than just being a flat rate fare for services rendered over a short time. For example a person earning £40,000 would pay about £125 per month. (Shepard, J. 2009) That over 20 years could amount to £30,000, more than enough to cover the costs of a university education in a way which is manageable. Admittedly that sum is based on a person rising like a rocket but it still hints at the possibilities of the tax and how it could bring in more money than simply universities rising their fees. Secondly, it would change as a person’s salary rises or falls over a twenty year period, being more sustainable and increasing the chance of the costs being recovered. Thirdly, rather than giving a person a required fee to pay it would be giving a person a chance to pay over a set time period, reducing the financial impact of the bill.
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As higher earners, graduates already pay a lot more on average in taxes over their lifetime, while consuming less in welfare payments, thus more than repaying their “debt to society”. In addition, the whole of society gains from higher education through increased economic growth and prosperity, and from the social mobility and integration that open access to university promotes. If the cost of higher education is an investment in the country’s future, it is appropriate for the government to fund it out of general taxation. In any case, the argument that an individual doesn’t use a particular government service, so why should they pay for it, could apply elsewhere and undermine most aspects of government activity and the taxation that pays for it.
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Delivering funding via a graduate tax is the best way to encourage more students to enter higher education A graduate tax is the best way to increase access to higher education without massively burdening the government with an open-ended financial commitment. It is not a deterrent to the poorer students in the way fees and loans-based schemes are and which simply appear to block access, yet it still delivers sufficient extra capital to fund the increase of students entering university. Australia’s introduction of a graduate tax has been successful enough to allow university places to grow rapidly following its introduction with participation from both high and low income groups increasing by approximately one third. (Chapman, B. 1997). Therefore, a graduate tax removes the expensive barriers to entry that had previously kept out low-income groups, whilst not discouraging the high-income groups from tertiary education.
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The prospect of life-long higher-tax status will in fact act as a deterrent to many weaker students who doubt their abilities to make a success of a university degree, or those from poorer backgrounds with no family tradition of higher education. Introducing a graduate tax will simply come across as penalizing those who want to go into higher education rather than encouraging it. The real key to improved access to higher education lies in both better secondary education, as at present many potentially able students are failed by poor schools and are unable to achieve the qualifications needed to go on to university and by providing more bursaries for those from disadvantaged backgrounds.
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A graduate tax would make access to higher education fairer and more equitable A graduate tax would be fairer for everyone in society. Graduates earn considerably more than non-graduates, on average over £100,000 more in a lifetime (Channel 4 News, 2010.), experience lower rates of unemployment and greater job security, they therefore benefit hugely from higher education. They should therefore be expected to pay for the privilege of having an education which has put them in that position rather than having the rest of society fund there degrees, going to university should be an honor and not a privilege. While having a degree is useful it is not necessary for getting on with life, if someone wants to go to university they should have that opportunity regardless of their background but they should be expected to contribute to that education which is why the graduate tax works as students of all social classes can join university, not be loaded with debt and can contribute fiscally when viable.
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Alternative- and more efficient- methods of funding universities are available There are a number of viable alternatives to a graduate tax as a means of paying for Higher Education: Full state funding operates in many EU countries as part of an extensive and popular welfare state paid for out of general taxation; the value the state clearly places upon Higher Education has made it a common aspiration across all social classes. Other countries make individual students pay for all or most of the cost of their university education, which is widely seen as an investment in increased future earning potential. In the USA this has produced very high levels of enrollment and broad access to higher education as motivated students readily work to pay their way through college. Most also take out commercial loans, which are later paid off once the student is in employment; unlike a graduate tax these repayments are not open-ended and will one day be completed. The cost of educating a student to degree level varies widely both between and within countries, showing clear room for efficiency savings to be made in many institutions, perhaps through some focusing solely upon teaching rather than research, or by academic specialization.
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Graduates may move abroad to avoid tax payments As taxes are collected nationally there is no reason why a UK graduate could not simply upon graduating leave the country and avoid paying the education tax. If enough people exploited this obvious loophole in the system the Government could end up severe deficit in the education budget which ultimately could lead to lower investment which would have a detrimental effect on the quality of education on offer. The proposed system then is simply not a practical one seeing as this massive and clear to see loophole exists with it.
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A graduate tax would reduce teh autonomy of universities If a graduate tax were introduced the money would go to the national treasury which would result in universities competing for the same money as colleges. At the moment the money generated from tuition fees goes straight to where it should go, straight to the universities bank accounts who provide the education. Under graduate tax proposals from the UK’s National Union of Students, raised revenue from the tax would go into a centralized higher education fund which could be distributed by the government through various means which could result in some universities getting unfair levels of funding relative to both their standing and student bodies. (Barr, N. 2009) This is impractical for universities to plan investments as they will never be entirely sure what funding they will have and furthermore and for many arguably most importantly universities will ultimately lose their independence from the state.
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As taxes are collected nationally there is no reason why a UK graduate could not simply upon graduating leave the country and avoid paying the education tax. If enough people exploited this obvious loophole in the system the Government could end up severe deficit in the education budget which ultimately could lead to lower investment which would have a detrimental effect on the quality of education on offer. The proposed system then is simply not a practical one seeing as this massive and clear to see loophole exists with it.
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The alternatives to a graduate tax are worse: Full state funding encourages many without clear motivation or ability to enter university, leading to high dropout rates, while removing incentives to complete courses in a timely manner. The USA has a philanthropic culture absent in many other countries, meaning private colleges have large endowment funds offering a very large number of bursaries and scholarships to poorer students. Nonetheless, the individual states do fund universities and few students pay the full cost of their higher education. Elsewhere in the world the absence of state funding tends to limit access to university to the children of a prosperous elite. Even in the USA students from some ethnic minorities are much more reluctant to take on high levels of personal debt, and are therefore very underrepresented in higher education. The USA’s high level of personal bankruptcy is linked to the high levels of debt built up while at university. A graduate tax then can be seen as a happy medium between the two extremes of Full state funding and No funding whereby the student pays for the benefit of having a higher education only when they are fit to do so.
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Scientific opinion often changes; evolution may be accepted in the scientific community now, but it could well be rejected in future. The opinion of the scientific community with regard to facts and theories has a great propensity to change with time. Once scientists adamantly maintained that the Earth was flat. For centuries it also maintained that there were two kinds of blood flowing through the human body. Science is not infallible and the prevailing theory is no more than the opinion currently in vogue among scholars. In light of new evidence, theories can change over time, giving way to better explanations [1] . For this reason, the evolutionists' dogmatic adherence to their position in spite of contrary evidence provided by Creationists is hard to understand. However, it becomes clear why the scientific establishment takes such a confrontational position toward Creationism when one considers that many eminent scientists and researchers have built their careers within the paradigm of evolution, and their research often depends wholly on its acceptance. These scientists would lose their exalted position in the light of a paradigm-shift in scientific understanding away from evolution. It is for this reason that scientists who adhere to established norms so often fight things like Creationism, even though they provide explanations where evolution cannot. For science to progress, these conservative impulses must be fought against, which is why it is essential that when science is taught, so are all the prevailing theories concerning branches of the sciences, including Creationism. [1] Understanding Science. 2011. “Science Aims to Explain and Understand”. University of California Berkeley.
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There is no design in biology. People tend to anthropomorphize their environment, trying to assign human-like qualities to animals and nature. All of the complexity of life on Earth can be attributed to natural processes; life, diversity, and complexity are all the product of physical and chemical interactions and biological processes. There is no mystery in the basic process. Also, complexity is not at all indicative of design. In fact, evolution has been observed to occur from simple single-celled organisms into multi-cellular organisms under laboratory conditions. That degree of evolution completely refutes any claims about complexity requiring design. Furthermore, there are no irreducibly complex organisms. Every example offered by theists of irreducible complexity has been found inaccurate. The bacterial flagellum, for example, when several key components are removed loses its functionality as a motor, but becomes a form of secretory system that has a separate function. [1] Clearly, complexity is not indicative of a creator. [1] Miller, Kenneth. 2004. “The Flagellum Unspun: The Collapse of ‘Irreducible Complexity’” in Ruse, Michael and William Dembski (ed.). Debating Design: From Darwin to DNA. Cambridge: Cambridge University Press.
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There is a very real controversy regarding the origin and development of life, and children deserve to hear both sides. Many scientists do not accept the conclusions of the evolutionists. People like Dr. Michael Behe have dedicated themselves to exposing the flaws in evolution and showing that there is very real disagreement within the scientific community. This controversy is highlighted in the many court cases, books, and televised debates occurring in countries all over the world [1] . Children deserve to hear about the controversy, and not to simply be fed one story set for them by the prevailing majority in the scientific community, even if that community cannot claim anything near consensus. Until consensus is reached and indisputable proof of one theory or the other given, both sides should be taught in schools. [1] Linder, Doug, 2011. “The Evolution Controversy”. University of Missouri-Kansas City School of Law.
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Education should be about truth and facts, not dogma and faith. Scientific enquiry is, at its core, a search for truth [1] . It is about shining light in dark places. Dogmatic adherence to beliefs in spite of evidence, and even trying to cover up facts that contradict those beliefs is academically dishonest and intellectually facile. Evolution is proven fact, a theory so sound that it is the cornerstone of all biology. Nothing in biology makes any sense unless considered in the context of evolution. Schools should teach this fact, not the pseudoscience of religious demagogues. It is a fundamental attack on children's rights to subject them to false information for the sake of upholding outdated and disproved beliefs. It is a right of all people to have a valuable education, because good education is required to be able to take part in the democratic process, to be able to make informed decisions. That right is compromised when the educational system gives them a worthless education in untruths, like Creationism, because informed decisions must be based on fact, and must be objective the way science is, rather than loaded with religious undertones, that skew ones view of the facts. The value of education is only as good as its applicability, either directly or through its fostering of critical thinking. So, when the political process is used to circumvent the curriculum set by teachers and experts, who actually know the subjects they are talking about, and replacing them with the curriculum set by a scientifically illiterate political body, the children suffer as the quality of their education decreases. [1] Pauling, Linus. 1983. No More War! New York: Dodd Mead.
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The scientific community as a whole overwhelmingly rejects Creationism. 95% of all scientists accept evolution, and only a fraction of those that do not accept Creationism. [1] The numbers are even smaller among biologists, the people most qualified to discuss the relative merits of Creationism and evolution, as the study of life and biological processes are their specialty. There is, in fact, greater consensus in biology than in virtually any other discipline. Evolution is often called one of the most thoroughly proven theories, more so even than such things as the observable laws of physics, which break down at the subatomic level. Evolution is a constant, which is why it has survived as a theory for 150 years. [2] The scientific community always fights any effort to institute Creationism in schools through the political process. [3] This is why, when court cases are brought on the issue of teaching Creationism, the panel of scientists is always on the side of evolution. Only a few discredited cranks support Creationism, and they invariably break down under cross-examination when they can offer no positive evidence for their claims. Furthermore, many scientists have religious faith and accept evolution. They simply see no reason to reject observable reality just to serve faith [4] . Creationists try to portray evolution as contrary to religion, which forms one of the main planks of their political campaigns against it, but such claims are fallacious. Science and faith can be compatible, so long as people are willing to accept observable reality as well as belief. The scientific community rejects creationism because it is not true and is not science. [1] Robinson, B. 1995. “Public Beliefs About Education and Creation”. [2] Lenski, Richard. 2011. “Evolution: Fact and Theory”. Action Bioscience. [3] Irons, Peter. 2007. “Disaster in Dover: The Trials (and Tribulations) of Intelligent Design”. University of Montana Law Review 68(1). [4] Gould, Stephen. 2002. Rocks of Ages: Science and Religion in the Fullness of Life. New York: Ballantine Books.
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Incentives like this can be (and in the UK, are) created by central government through the use of targets. Failing schools can receive extra funding and guidance, and threatened with closure if they do not improve. The voucher scheme’s harsh free market system of incentivisation takes away extra funding and support – indeed, failing schools without full classrooms will face diminished levels of funding – and so makes it even harder to run schools in tough areas.
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Variety within the education system is not always a good thing. National curricula exist to facilitate transfer between schools and comparisons of different pupils and schools, as well as enforcing basic standards. Thus, not only might variety lead to some sub-standard schools, but it might trap children in a particular school that fails to match the child’s ambitions as it grows up, and ceases simply to reflect its parents’ desires, because the child lacks qualifications or even just knowledge required by a more appropriate school in the area.
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Equality of opportunity between richer and poorer children State education in some areas of the UK is continuing to fail, despite increased investment. This will allow those pupils who are currently locked into sub-standard state education access to the private schools enjoyed by their more privileged peers (because you can spend the vouchers anywhere). Even if private school fees can only be subsidised by the voucher scheme, most private schools are charitable organisations that do not run a profit, and so in the vast majority of circumstances the voucher will make private schools accessible to poorer families.
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Only well-off families will benefit from increased freedom of choice Under the current system, many schools that are “failing” are struggling as a result of factors such as deprivation in their area, or high levels of children for whom English is not their native tongue. There will be no incentive for companies to set up schools in such areas: the voucher scheme dictates that each child gets the same amount of funding, and thus in schools where a lot of extra facilities (like extra teachers, specialist language tutors etc.) are needed the potential profit to be made will be lower. On the other hand, children in well-to-do middle class areas will be highly profitable (it is not difficult to make children with a wealth of parental support do well in their exams). Thus rich children will have a range of subsidised schools from which to choose, whilst the poorest in society are still failed.
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The state retain control of schools - freedom, in this context, is illusory The state funds education using taxes taken from everyone in society, not just those who have children. Therefore the state has a duty to benefit the whole of society, not just parents and children, when funding education. It is therefore entirely legitimate for the state to use schools to fulfil other societal purposes. A good example of this is the question of teaching citizenship in schools: it does not necessarily help children to pass exams, and so schools do not have a strong incentive to insure that children are taught it. However, it fulfils government goals of helping to ensure that people become functioning members of our democracy. When schools are privatised it becomes increasingly difficult for the government to ensure that such agendas are followed in schools.
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The most vulnerable children would be left behind by the scheme Even if a voucher scheme is used, parents still need to have considerable input in order that their children are able to access the best educational opportunities. Thus, those children who are most vulnerable, i.e. those with inadequate home support structures, will find that they are unable to access the best schools as their parents may lack the desire or knowledge to find out which schools are the best in their area. Further, this problem will be exacerbated by the subsequent dearth of funding at the worst schools.
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Public funding does not mean that everything should be free and open to use by the public. We do not expect to be allowed to use buildings that are built as government offices as if they were our own. The government builds large amounts of infrastructure such as airports and railways but we don’t expect to be able to use them for free.
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Most universities are publically funded so should have to be open with their materials. The United States University system is famously expensive and as a result it is probably the system in a developed country that has least public funding yet $346.8billion was spent, mostly by the states, on higher education in 2008-9. [1] In Europe almost 85% of universities funding came from government sources. [2] Considering the huge amounts of money spent on universities by taxpayers they should be able to demand access to the academic work those institutions produce. Even in countries where there are tuition fees that make up some of the funding for the university it is right that the public should have access to these materials as the tuition fees are being paid for the personal teaching time provided by the lecturers not for the academics’ publications. Moreover those who have paid for a university course would benefit by the materials still being available to access after they have finished university [1] Caplan, Bruan, “Correction: Total Government Spending on Higher Education”, Library of Economics and Liberty, 16 November 2012, [2] Vught, F., et al., “Funding Higher Education: A View Across Europe”, Ben Jongbloed Center for Higher Education Policy Studies University of Twente, 2010.
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Open access makes little difference to research. If an academic needs to use an article they don’t have access to they can pay for it and gain access quickly and efficiently. The benefits to the economy may also be overstated; we don’t know how much benefit it will create. But we do know it would be badly damaging to the academic publishing industry. We also know there are risks with putting everything out in the open as economies that are currently research leaders will be handing out their advances for free. There is an immense amount of stealing of intellectual property, up to $400 billion a year, so research is obviously considered to be economically worth something. [1] With open access the proposal is instead to make everything available for free for others to take as and when they wish. [1] Permanent Select Committee on Intelligence, “Backgrounder on the Rogers-Ruppersberger Cybersecurity Bill”, U.S. House of Representatives,
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Opens up education Higher education, as with other levels of education, should be open to all. Universities are universally respected as the highest form of educational institution available and it is a matter of principle that everyone should have access to this higher level of education. Unfortunately not everyone in the world has this access usually because they cannot afford it, but it may also be because they are not academically inclined. This does not however mean that it is right to simply cut them off from higher educational opportunities. Should those who do not attend university not have access to the same resources as those who do? This can have an even greater impact globally than within an individual country. 90% of the world’s population currently have no access to higher education. Providing access to all academic work gives them the opportunities that those in developed countries already have. [1] [1] Daniel, Sir John, and Killion, David, “Are open educational resources the key to global economic growth?”, Guardian Professional, 4 July 2012,
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Making these academic materials available to the general public does not mean they are useful to anyone. Many of the materials universities produce are not useful unless the reader has attended the relevant lectures. Rather than simply putting those lectures that are recorded and course handbooks online what is needed to open up education is systematically designed online courses that are available to all. Unfortunately what this provides will be a profusion of often overlapping and contradictory materials with little guidance for how to navigate through them for those who are not involved in the course in question.
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Students would be able to benefit from being able to use resources at other universities Having paid for access to universities and the materials they provide for research students have a right to expect that they will have all the necessary materials available. Unfortunately this is not always the case. University libraries are unable to afford all the university journals they wish to have access to or need for their courses. Therefore any student who wants to go into areas not anticipated by the course they are enrolled with will find that they do not have access to the materials they require. They then face the cost of getting individual access to an online journal article which can be up to $42, despite there being almost zero marginal cost to the publisher. [1] This even affects the biggest and best resourced university libraries. Robert Darnton the director of Harvard University’s library which pays $3.5million per year for journal articles says “The system is absurd” and “academically restrictive” instead “the answer will be open-access journal publishing”. [2] [1] Sciverse, “Pay-per-view”, Elsevier, [2] Sample, Ian, “Harvard University says it can’t afford journal publishers’ prices”, The Guardian, 24 April 2012.
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Academic work is not about profit. For most researchers the aim is to satisfy curiosity or to increase the sum of knowledge. Others are motivated by a desire to do good, or possibly for recognition. None of these things require there to be profit for the university. Moreover we should remember that the profit is not going to the individual who did the research, there is therefore no moral justification that the person has put effort in and so deserves to profit from it. The university does not even take the risk, which is born by the taxpayer who pays the majority of the research budget. Much of the profit from publishing this knowledge does not even go to the university. Instead academic publishers make huge profits through rentier capitalism. They have profit margins of 36% despite not doing the research, or taking any risk that goes into funding the research. [1] [1] Monbiot, George, “Academic publishers make Murdoch look like a socialist”, The Guardian, 29 August 2011,
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Who will write and edit the work? You can’t take the end result out of the system and assume all the rest of it will continue as usual. Journal articles don’t write themselves; there will still be costs for editors, typesetters, reviewing etc., as well as the time and cost of the writer. The average cost of publishing an article is about £4000. [1] There have been two suggested forms of open access ‘Gold’ in which authors pay publishers article publication charges and ‘Green’ under which the author self-archives their papers in open access repositories. The gold option that the UK intends to implement could mean universities having to find an extra £60million a year. [2] In either case the cost is being put on the author. This is exactly the same when asking academics to put their lectures, lecture notes, bibliographies etc online. They are being asked to put in more hours grappling with technology without being paid for it. [1] Moghaddam, Golnessa Galyani, “Why Are Scholarly Journals Costly even with Electronic Publishing?” p.9 [2] Ayris, Paul, “Why panning for gold may be detrimental to open access research”, Guardian Professional, 23 July 2012.
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Less incentive to study at university If everything that University provides is open to all then there is less incentive to study at university. Anyone who is studying in order to learn about a subject rather than achieve a particular qualification will no longer need to attend the university in order to fulfil their aim. The actual benefit of university education is less in learning content per se than engaging with new ideas critically, something that is frequently more difficult in an online environment. Moreover if only some countries or institutions were to implement such open access then it makes more sense for any students who are intending to study internationally to go elsewhere as they will still be able to use the resources made available by that university. Open access if not implemented universally is therefore damaging to universities attempts to attract lucrative international students who often pay high tuition fees.
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This is trying to pull the wool over the eyes of those who fund the research in the first place; the taxpayer. The taxpayer (or in some cases private funder) pays for the research to be done and so is paying for the paper to be written. It then does not make sense that the taxpayer should pay again in order to access the research that they paid to have done in the first place. Yes there are small costs associated with checking and editing the articles but these could easily be added into research budgets especially as it would mean cutting out an extra cost that occurs due to the profit margins of the academic publishers. As Neelie Kroes, European Commission Vice-President for the Digital Agenda, says “Taxpayers should not have to pay twice for scientific research”. [1] [1] Kroes, Neelie, “Scientific data: open access to research results will boost Europe's innovation capacity”, Europa.eu, 17 July 2012.
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If business wants certain research to use for profit then it is free to do so. However it should entirely fund that research rather than relying on academic institutions to do the research and the government to come up with part of the funding. This would then allow the government to focus its funding on basic research, the kind of research that pushes forward the boundaries of knowledge which may have many applications but is not specifically designed with these in mind. This kind of curiosity driven research can be very important for example research into retroviruses gave the grounding that meant that antiretrovirals to control AIDS were available within a decade of the disease appearing. [1] [1] Chakradhar, Shraddha, “The Case for Curiosity”, Harvard Medical School, 10 August 2012,
test-education-tuhwastua-pro02b
Every other indicator is also skewed in favour of high-income students. They tend to have parents who are better educated and are interested and much more involved in their children’s education, as well as greater access relevant materials such as books and computers. Tutoring academically, while it may not involve having tutors test for a student, is probably much more impactful in the long-run, they may not be able to do extra-curricular activities but can help with homework (as can engaged parents), so would be just as likely to have an impact on coursework or another method of assessment as it does on the SATs.
test-education-tuhwastua-pro05b
There is a degree of hypocrisy in arguing that the tests are classist and racist and then complaining that schools take too long in preparing students for them. Ideally the tests should be on relevant subjects that will be useful to the student and is needed as part of a well-rounded education that prepares the student for life, and if they are not they are flawed. Many of the skills required for a successful performance on A-Levels or on the AP Essays are remarkably similar to those needed for University level written work. As a consequence it is wrong to argue they are of no relevance.
test-education-tuhwastua-pro04a
Standardized tests exaggerate small differences in performance Most tests were designed in an earlier era when far fewer students took them. The large number of students who now take tests like the SATs results in a situation in which the scoring scale magnifies small differences in performance into large differences in scores. Two questions wrong out of 80 on the math section of the SAT may well produce a score of 760 while three questions wrong will result in a 720. 40 points can mean difference between admission and rejection for many candidates, while telling us nothing about the different abilities of the students involved. Indeed on average for 88% of applicants their SAT score will predict their final college grade rank no more accurately than a pair of dice. [1] [1] Elert, Glenn, ‘The SAT Aptitude of Demographics?’, 5 May 1992,
test-education-egscphsrdt-pro02b
None of these benefits apply if the peer pressure simply switches to harder drugs which are harder to test for or less likely to be tested for. Moreover, peer pressure can exist outside of schools, and amongst older teenagers who have the choice to vary their attendance of sixth forms, FE colleges or senior high schools. Random drug testing could lead to older children being pressured to cut classes for prolonged periods of time, in order to take drugs, in order to be thought of as cool. Teenagers are also notorious for believing that “nothing bad can happen to me”, even if that bad thing becomes more likely (such as being caught with a random drugs test). This is demonstrated by the fact that many teenagers already engage in illegal drug use despite the reasonably high chances that an adult will see them using drugs, smell smoke or notice the drug's effects on them in the status quo. [1] [1] Grim, Ryan. “Blowing Smoke: Why random drug testing doesn't reduce student drug use”. Slate. March 21, 2006.
test-education-egscphsrdt-pro02a
School's duty of care Peer pressure drives most drug use among children and teenagers. [1] The fact that the state requires all children to be engaged in education means that most of them will be gathered into large groups in schools for most of the day, five days a week, essentially creating the necessary conditions for peer pressure to take place and be powerful. This occurs as some children face ostracism or exclusion from their peers in the social environment that the state compels them to be in if they refuse to take illegal drugs, if drug use is deemed necessary to be 'cool' or 'popular'. It is, generally, the state that operates a western liberal democracy’s education system. Under circumstances in which children are placed into the care of the state, and are made vulnerable to peer pressure the state has a duty to ensure that children are not coerced into using drugs. This means that concerns of 'privacy' are secondary to protecting the choice not to take drugs, as ensuring the 'privacy' of all students by not having random drug tests empowers some students to socially coerce other students into using drugs when they otherwise would not. Random drug tests help prevent cultures or norms of drug-taking (by which it can become the 'cool' thing to do) by ensuring that most drug users will be caught and helped to quit, thus protecting the choice of others not to be pressured into drug use. [1] Rosenbaum, Marsha. “Safety First: A Reality-Based Approach to Teens and Drugs”. Drug Policy Alliance. January 1, 2007
test-education-egscphsrdt-pro03b
Students who do not use illegal drugs do have something to fear - the violation of privacy and loss of dignity caused by random drug tests. They may well feel that they are being treated as under suspicion with no evidence or cause, and resent this imposition upon their privacy. Indeed, the indignity of drugs testing may compel children who are already in a position of vulnerability as a result of social marginalisation or personal or family problems to drop out of school entirely.
test-education-egscphsrdt-con03b
Random drug tests may actually help remove mistrust between teachers and students. Individual suspicion will no longer be the cause of drug tests for students, but rather these tests will be something al students will face at one time or another. This means students may actually feel freer to approach their teachers, and they may feel the need to more keenly, as they know they may be tested at any time.
test-education-egscphsrdt-con01b
The students in question may not realize the long-term harms of drug use or fully understand the risks of addiction, and as they are not yet fully adult and responsible for themselves, the state has the right to ensure that they do not exercise their 'right to privacy' in a way that could be harmful to them.
test-education-egscphsrdt-con02a
Keeping teenagers in education Studies in Michigan in the USA have found that random drug tests in schools do not deter drug use, as schools with and without random tests have similar levels of drug use among their pupils. [1] It seems unlikely that random drug tests will, in fact, deter students from taking drugs. What such tests will result in, however, is a greater number of exclusions and disciplinary actions resulting from catching student drug users, which as the studies have shown has no guarantee of lowering drug use overall. Faced with a situation of continuing to be caught and reprimanded for drug use in school due to random drug tests, many older teenagers who reach the age whereby they may choose to leave school may choose to do so in greater numbers. This may well be compounded by an adolescent desire to rebel and reject authority when it tries to prevent them doing what they want, and so a greater number of teenage students may drop out of school so as to allow themselves to continue doing what they want more easily – that is, taking drugs. Leaving school at such an age for no other reason than to pursue a drug-using lifestyle is almost certainly more harmful than the worst-case alternative, whereby they at least remain in education even if they continue to use illegal drugs, comparatively improving their future career and education choices. Simply driving teenagers out of education with random drug tests benefits no-one. [1] Grim, Ryan. “Blowing Smoke: Why random drug testing doesn't reduce student drug use”. Slate. March 21, 2006.
test-education-egscphsrdt-con01a
Right to privacy Even if a right to privacy (which would prevent random drug testing with no reason for suspicion) does not exist in law in every country, many students being affected by drugs tests will perceive that the notional right to privacy which they believe they possess is being violated. Because they would perceive this violation as a harm, it should not be imposed without good reason. This problematizes the nature of 'random' testing, which by definition means forcing drug tests on individuals on whom there is no reasonable suspicion of drug use. Firstly, the majority of those being tested will most likely test negative (as the previously cited statistics suggest) and so a majority will be harmed for no fault of their own, but rather as a consequence of the crimes of others. This may be seen as the equivalent of searching all homes in a neighbourhood for an illegal weapon on the suspicion that one of them was hiding it -an action which would be illegal in almost every western liberal democracy. Further, however, even if students do engage in illegal drug use, random drug tests will additionally catch only those on whom there was previously no suspicion against (as students who show signs of drug use are already usually tested). In order to not already be under suspicion, these drug-using students would have to be engaging in their education, not disrupting the education of others, and not displaying erratic or harmful behaviour. As they are not actively harming others, these students should be subject only to the same standards as individuals in other areas of society: to only have their privacy violated by drugs tests if their behaviour actively brings them under suspicion.
test-education-pshhghwpba0-pro02b
Schools already have enough pressures just to educate their students, they do not need additional pressure from having to ensure their nutrition as well. In the UK kitchen improvements cost £200 million and many local councils found they needed to take money from other budgets such as school maintainance budgets showing the increase in pressure on schools. [1] [1] BBC News, ‘Q&A; Free school meals for infants’, 2 September 2014,
test-education-pshhghwpba0-pro02a
Schools are best places to ensure good nutrition Education is universal from 5 or 6 to 16 years old in most countries, 58% of children worldwide attend secondary school, [1] with even poor countries providing education for all from 5 to 12 years old. As a result giving breakfast at school will mean that all children between these ages receive it. [1] Unicef, ‘58: The percentage of children of secondary school age worldwide who attend secondary school is 58’, Unicef global databases, 2008,
test-education-pshhghwpba0-pro03b
Exactly, the role of the school is to teach children, not to be providing food and using periods of time for this that could be used for lessons.
test-education-pshhghwpba0-pro01a
A school breakfast gives all students an equal start to the day All children should have equal opportunities, a breakfast for all helps provide this. With schools providing breakfast for everyone the start to the day will be the same for all. No one will starting school hungry or thirsty. Everyone will have had a chance to wake up before their lessons start allowing them to get as good a start to the day as possible.
test-education-pshhghwpba0-pro01b
This will not be true equality. Some people naturally wake up earlier, yet many will still be feeling sleepy at 10:00. A school breakfast may have forced these students to be up even longer before their natural wake up time than would otherwise be the case.
test-education-pshhghwpba0-pro04b
There is no need for education about a healthy diet to be combined with free breakfasts for all. The teaching can be done separately just as effectively. Teaching at the same time as, or immediately before or after will simply mean students are concentrating on the food they have, not upon the lesson. Meal times are lively and social, not a good time for teaching.
test-education-pshhghwpba0-con03b
The upfront cost will be paid back. In the future there will be less health care costs. And there will be a more highly educated and skilled population which will mean more economic growth and tax for the government.
test-education-pshhghwpba0-con02b
Focusing on need requires that the need be defined and those in need identified. It runs the risk that some people will be missed. A child having a wealthy parent does not mean that they are getting a good healthy breakfast at the start of the day. That parent may never be home in the morning, may consider breakfast unimportant, or simply be neglecting their child.
test-politics-nlpdwhbusbuc-con01b
Cluster bombs are an ineffective weapon that often deal more damage to the side deploying the weapons than their opponents. Given modern warfare scenarios, the need for cluster bombs is not great given that in asymmetric warfare the conflict will be over relatively quickly, owing to the massive level of firepower that the West and its allies can bring against the targets that they attack, often dictators only in control of militarily weak countries. Dud cluster bombs harm any occupation following invasion and warm by harming troops that happen to stumble across them as well as harming demining personnel. This prevents effective occupation in the long run and costs lives through preventing the armed forces from achieving stability in the region as quickly.9
test-politics-nlpdwhbusbuc-con02b
Whilst the ban prevents engagement with countries that use cluster bombs, it also limits the supply of cluster bombs to these countries significantly. The West ceasing the manufacture of cluster bombs means that many countries will cease being able to get their through second or third hand sources. Whilst the Chinese might be able to fill the gap, their cluster bomb technology is not on the same level as that of the West and as such the lack of reliability with the Chinese weaponry will cause fewer countries to employ the use of cluster bombs on the battlefield. Further, the ban on cluster bombs by Western countries sends out a strong moral message that many other smaller countries are likely to obey and follow. With the US accepting the ban international prosecution, or potentially even sanctions is considerably more likely. The U.S. holding out however, shows the West to be divided on the topic and as such prevents other countries that might be better off from banning them owing to their fear of indecision in the West.6
test-politics-oepghbrnsl-pro02a
A strong leader has more benefits than harms Putin is the strong leader that Russia has been waiting for. His electoral success and consistently high approval rates show that the people of Russia are ready for someone who can rid their society of increasing corruption and restore a sense of calm and equality. His ability to maintain a high level of support despite what some have called authoritarian tendencies shows that people are ready to sacrifice a certain degree of freedom for the promise of stability. Enthusiasm for Putin among the young also shows that he does not only appeal to those looking back to past certainties.