Democracies should be wary of meddling in the internal affairs of other countries  Authoritarian countries tend to guard their sovereignty jealously and will not take kindly to what they would consider to be interference in their internal affairs. In many cases this is exactly what the government offering an amnesty would be doing. Should foreign countries really be deciding that the justice system of a country was wrong in this or that case so amnesty should be provided? Where there are legal proceedings against a blogger that end up with the blogger being sent to jail those outside the country may think the sentences unjust but as countries that publically support the rule of law they should accept the result. It may well be the case that sometimes the judicial system has been used to persecute a blogger but it is difficult to see why an outside power with little interest in the case should believe they have the right to provide an alternative verdict through an amnesty. Where a country disapproves of the treatment of an individual this should be done by negotiating with the government in question and providing any alternative evidence they have. Cuba for example has released dissidents before as a result of negotiations with outside actors; the release 80 dissidents for the visit by Pope John Paul II in 1998 being merely the most successful example. [1]  [1] Human Rights Watch, “Cuba: Release of Dissidents Still Leaves Scores in Prison”, 8 July 2012,


The offer of amnesty allows home governments to discredit bloggers and paint them as foreign agents of disruption  When Western states and democracies offer amnesty to bloggers under threat from their home governments, the blogger’s views and comments immediately become coloured in the eyes of the public. The government is able to point to the Western powers offering this amnesty and can easily claim that their offers are the result of collusion between bloggers and their foreign patrons to spread propaganda, so the blogger is therefore guilty of treason. As unfortunate as it may be in individual cases, the result is that offering amnesty will only weaken the cause of democracy. Being sent to prison for their beliefs will do far more to serve their cause than seeking succour in the arms of another state, one that has demonstrated antagonism toward their homeland. The ability for governments to stoke nationalist fires has been thoroughly demonstrated in recent months by China’s reaction toward territorial disputes with Japan. [1] It is very easy to rile the public against a perceived external aggressor, especially given that these states often control much of the mainstream media outlets, and those who offer amnesty give themselves up on a platter as an adversary to be exploited in the public consciousness. The better plan for democracies in pursuit of their goals is to condemn acts of oppression and to seek diplomatic redress, but direct interference in the course of states’ justice will doing nothing but harm relations with regimes and turn the people against the proponents of reform.  [1] The Economist. “Barren Rocks, Barren Nationalism”. 25 August 2012.


An amnesty policy will serve only to alienate regimes, shutting down the possibility of discourse or reform  It is a natural conclusion that a repressive regime, which operates largely by force and the control of its population, will react rather negatively to an action by the West that appears to be a calculated, public, and on-going subversion of their power in favour of criminal dissidents. The result of such action by Western democracies will not be any positive discourse between the targeted regime and the West, but will rather cause a breakdown in communication. They will be reticent to engage for the very reason that the states seeking to influence them are clearly not interested in dealing on an equal footing, but rather wish to undermine their way of life in favour of asserting their own superiority. The best way to actually get talks about reform started, and to empower those who wish for more democracy and press freedom, is to patiently engage with these regimes, to coax them peaceably toward reform without threatening their core aims. [1] Aggression toward them will generate aggression in return as is shown again and again by North Korea and the responses to its actions by the United States. While incremental change may feel glacial, the long game is the only way to get changes without letting blood flow through the streets. The only possible outcome of this policy would be a harsher crackdown on bloggers by these governments.  [1] Larison, D. “Engagement is Not Appeasement”. The American Conservative. 17 December 2012.


The Settlements commit future Israeli governments to a harder stand in future negotiations  Whether deliberate or not, the settlements are changing the “facts on the ground” by changing the political calculus for future Israeli governments.  While most Israeli politicians accept the need to abandon some smaller settlements, the vast majority are unlikely to be evacuated. It was politically divisive to the point of breaking the Likud party in two when Ariel Sharon, a man with more credit than anyone else on the Israeli right pulled out of Gaza in 2005, and there were only a little over 7000 Israeli settlers there. By contrast there are now more than 300,000 settlers in the West Bank, and this number is rising fast. [1] There were less than 200,000 in 2000. [2]  Of these settlers, many are religious and vote for the Haridam (Orthodox) parties like the National Religious Party . [3] Because the party has served in governments of both the Left and the Right in recent years, in practice they and the ultra-nationalist Israel Beitinu tend to hold the balance of power in the Israeli Knesset.  Therefore every time Israel expands settlements, they are reducing their room to manoeuvre in future Peace Negotiations, and forcing themselves to take a harder stance. This means that Peace will either become less likely (because Israel will set more extreme terms) or that Israel will face more internal divisions in order to offer it. In either case, as the settlements expand  [1] Levinson, Chaim, ‘IDF: More than 300, 000 settlers live in West Bank’, Haaretz.com, 27 July 2009,   [2] Wikipedia, ‘Population statistics for Israeli West Bank settlements’, en.wikipedia.org,  , accessed 20 January 2012  [3] Etkes, Dror, ‘The Ultra-Orthodox Jews in the West Bank’, Peace Now, October 2005,


The Settlements are illegal, and demonstrate the impotence of the international community  The Settlements, constructed on land that is neither recognizably Israel’s nor which Israel has even claimed to annex are illegal, encroaching on the territory of a future Palestinian state.  It is absurd for the international community to demand the creation of a Palestinian state in the West Bank, and yet allow Israel to establish its population on that land in settlements that view themselves and are viewed by Israel as Israeli territory. [1]  Furthermore, their continued expansion is something that each and every Palestinian can see every day. As a result, the continued expansion both: 1. Destroys Palestinian confidence in the ability and willingness of the International community to enforce its own promises, especially after repeated American and European promises to stop their construction.  2. Convinces Palestinian opinion that the negotiating process is an Israeli game to buy time until they have changed the facts on the ground.  As a consequence of these two factors, the continued expansion of settlements has an impact in driving Palestinians towards violent resistance even beyond the direct impact of the settlement construction by undermining their faith in International Law, and by adding a sense of urgency to their grievances.  [1] MacIntyre, Donald, ‘The Big Question: What are Israeli settlements, and why are they coming under pressure?’, the Independent, 29 May 2009,


The Settlements are seen by Palestinians as a sign of bad faith on the part of Israel, and therefore weaken the hand of Pro-Peace elements  As important as the existence of the settlements themselves is their continued growth. The very fact that Israel has continued to ostensibly negotiate for the independence of a Palestinian state in the West Bank on one hand while rapidly expanding the population and the size of Israeli settlements can be interpreted as a sign of bad faith.  For one thing, it raises questions of the seriousness with which Israel is attempting to reach an agreement. Even if the programs of Settlement expansion are intended as a temporary policy in lieu of a settlement, the very fact that Israel’s plan B is arguably as popular as peace, and being pursued with far more vigour could lead many Palestinians to conclude that Israel is attempting to run out the clock.  The consequences of this are inauspicious for the Peace Process. As Palestinian faith in the prospect of peaceful negotiations falters, groups like Hamas are likely to find an increasingly receptive audience for their view that only force will compel Israel to negotiate seriously. This in turn will make compromise all the more difficult to achieve.


Settlements remove Palestinians from their own land, and they produce a self-perpetuating cycle in their sear  The settlements themselves are self-perpetuating in a manner that makes them pernicious to the rights and very existence of neighbouring Palestinian communities.  For one thing, a settlement cannot function in isolation. It needs a road for its residents to safely travel to and from work in Israel. Security needs subsequently require that this road be protected from attacks by creating a large military presence along its route, and in many cases moving existing Palestinian settlements. At the very least Palestinian areas are bisected by impassable thoroughfares. [1]  In turn settlements require their fields to be protected by high walls and electric fences to protect them from attack, and the construction crews building them also require protection.  The result is that even a settlement of a few hundred families rapidly requires the takeover of an amount of land out of all proportion to the actual number of settlers involved, and any further expansion compounds the problem. [2] The security needs of settlements create a situation which makes the livelihood of Palestinians impossible. The existence of the settlements makes these security policies a necessity. As a consequence, the only clear solution is the removal of the settlements.  [1] United Nations Office for the Coordination of Humanitarian Affairs occupied Palestinian territory, ‘The Humanitarian Impact of Israeli Settlement Policies’, January 2012,   [2] CBS News, ‘Group: Israel Controls 42% of West Bank’, 6 July 2010,


Settlements provide economic investment in the Occupied Territories  The fundamental fact is that the West Bank, whatever its status, is not an economically viable entity on its own. It produces few goods, while Gaza produces next to none, and independence without a major influx of capital will not change this situation.  The best source for a supply of capitol in the region lies in Israel, which has an enormous demand for a low-wage work-force. Millions of Palestinians worked in Israel until after 2000, and with travel into Israel proper restricted, settlement construction and cultivation provide economic development opportunities for the region and create jobs for Palestinians. [1] This is an important prospect when the unemployment figures for the Palestinians are at nearly 30%. [2]  Furthermore the very need for such labor is likely to further incentivise Israel to loosen restrictions on Palestinian workers in the West Bank and Gaza.  [1] Hass, Amira, ‘Israel to lift restrictions on Palestinian Jordan Valley travel’, Haaretz.com, 26 April 2007,   [2] ‘Palestinian unemployment shows gradual decline’, Jmcc, 21 February 2010,


There is nothing legal or sacred about the West Bank’s borders – it was an ad-hoc armistice line never recognized internationally  The West Bank is not some sort of recognized entity with legally or internationally recognized boundaries. Its borders were the 1948 cease-fire line between Israeli and Jordanian forces, and Jordan’s annexation of the region, and hence the borders were only recognized by two countries – the United Kingdom and Pakistan. [1]  This is important, because the entire challenge to the legality of the settlements, i.e. Why they are unacceptable in Hebron but not in the Negev, is due to the belief that Israel is somehow annexing Palestinian territory. While some of the West Bank was intended to be part of a Palestinian state in 1948, and some will be incorporated into a new one in the future, Israel is under no responsibility to the international community or any comprehension of International law to recognize boundaries that have no legal force and do not legally exist.  [1] ‘Jordan Renounced Claims to West Bank, 1988’, Palestine Facts,


The Palestinians were full participants in the 1948 War against Israel  Before the discussion of the Palestinians as the innocent victims of Israeli oppression can be established, it should be noted that the Palestinian leadership were full participants in rejecting the 1948 partition plan and the war that followed. The Grand Mufti of Jerusalem rejected any form of compromise, and urged the removal of the region’s Jewish population, while massacres of Jewish settlers at Palestinian hands and the complete elimination of the Jewish presence in the areas of Palestine that the Israelis did not secure in 1948 speaks to a certain degree of popular enthusiasm. [1]  Following 1948, Israeli law provided for compensation or the return of land for any exiled Palestinians who returned to Israel proper and took an oath to the state.  This does not justify the actions of Israel in their entirety, but the tragedy of the Palestinian people is partially of their own making, and if one accepts the principles of the right of return, then the creation of Israeli settlements furthers this on the Israeli side.  Furthermore, it calls into question what, if any legal claim the Palestinians can have to any land on the basis of a UN partition plan they rejected, and on the basis of principles and practices they themselves have subverted.  [1] Dershowitz, Alan, ‘Has Israel’s Victimization of the Palestinians Been the Primary Cause of the Arab-Israeli Conflict?’, The Case for Israel, Chapter 10, 2003,


The Settlements are justified based on the expulsion of Jews from Arab lands after 1967  Settlement construction, and in fact the whole settlement of Jews in the West Bank has to be viewed in the wider context of the Middle East conflict as a whole.  Jews lived in the West Bank for thousands of years before the creation of Israel, and it was only after the 1948 war when Jews were fully ethnically cleansed from the region. While a Diaspora took place among the Arabs of Israel it was neither as deliberate nor as thorough – a large Arab population remained. No Jews remained in the West Bank under Jordanian rule.  As such many of these settlements are not artificial constructions but built on the ruins of pre-1948 Jewish communities.  Furthermore, the same 1967 War that brought on the Israeli conquest of the West Bank was also followed by a new round of pogroms against the nearly 800,000 Jews living in Arab countries more than 95% of which were driven into exile in Israel. [1] Israel has not responded by expelling or compensating them at the expense of their own Arabs, as they would be morally justified in doing, but rather has settled them on empty land in the West Bank. Any claim that the Palestinians have an inherent right to property which they do not explicitly own must also take into account Israel’s need to compensate these refugees.  [1] Aharoni, Ada, ‘The Forced Migration of Jews From Arab Countries and Peace’, August 2002, Historical Society of Jews from Egypt,


An ICC enforcement arm would be quicker  If international criminals are to be caught it needs to be clear that there is an organisation with the responsibility and authority to catch them. This is especially important when the criminal in question is able to slip across borders to avoid the national authorities in one state as Joseph Kony has done as the ICC would be able to cross borders itself and coordinate the response from multiple countries. The importance of an organisation that is able to catch international criminals can be highlighted by the experience of the International Criminal Tribunal for the Former Yugoslavia where despite a Memorandum of Understanding relating to the detention of war criminals in Bosnia NATO denied it had the power to make arrests so leading to patrols actively avoiding wanted men to avoid a situation in which they might have to engage in arrests. [1] A lack of clarity over whether an organisation can enforce its warrants for arrest results in arrests not being made. Ultimately the ICTY was successful because this situation was resolved with the creation of multinational police forces backed up with traditional NATO military power if necessary leading to the arrest of 126 individuals. [2]  [1] Zhou, Han-Ru, ‘The Enforcement of Arrest Warrants by International Forces From the ICTY to the ICC’, Journal of International Criminal Justice, Vol.4, 2006, pp.202-18,  pp214-6  [2] Ibid, p.203


An ICC enforcement is a necessity if there is to be international criminal justice  The remit of the ICC is unlike the remit of any national court. It deals exclusively in crimes so unacceptable there is an international consensus behind their illegality and the need for prosecutions. The parties that signed up to the Rome Statute’s reason for the creation of the ICC was “that such grave crimes threaten the peace, security and well-being of the world” the perpetrators of such crimes clearly need to be brought to book, and to do that they need to be apprehended. The same agreement said the signatories were “Resolved to guarantee lasting respect for and the enforcement of international justice” if this is the case then there should be agreement on enabling that enforcement by creating an ICC enforcement arm. Again the Rome statute makes clear that the agreement “shall not be taken as authorizing” intervention by another state. This is why the enforcement needs to be done by a separate international force who could not be considered a threat to any state. [1] Quite simply there is little point in international criminal justice if there is no force to bring the criminals to the court.  [1] ‘Preamble’ Rome Statute of the International Criminal Court, 1 July 2002,


An ICC Enforcement arm would bring in a higher proportion of defendants in to trial  Eight out of the thirty people indicted by the ICC (four in the Darfur situation, including Omar al-Bashir, three Lord’s Resistance Army leaders in Uganda and one in the DR Congo investigation) are still alive and avoiding justice. An in-house enforcement arm would be more effective at capturing indictees than many of the forces of the state parties, as it is likely to be more competent than many of the under-resourced or under-trained national forces. An in house force would be solely focused on capturing the wanted war criminals so would both be focusing resources and much less likely to be sidetracked by other priorities (many of which may be influenced by politics) than national forces. One of the suggested solutions to the failure to capture Joseph Kony and leaders of the LRA is to have greater involvement of peacekeepers; an ICC force would provide the same kind of help. [1]  [1] Van Woudenberg, Anneke, ‘How to Catch Joseph Kony’, Human Rights Watch, 9 March 2012,


An ICC enforcement arm would make the ICC more credible as an organization  To its critics, the ICC is an organization that can be mocked with Stalin’s dismissal of the influence of the Pope: “how many divisions does he have?”  An ICC capable of arresting its own fugitives would become a more credible organization, not only due to the show of competence through the arrests – it would lead to more trials, and more convictions, that would help contribute to the acceptance of the ICC as a serious court that is effective at bringing international criminals to justice. A legal institution needs to be effective to remain credible. [1] This would make countries much more likely to cooperate because the ICC would be doing more to help them by providing some of the necessary resources.  Henry Kissinger apparently said “Who do I call if I want to speak to Europe?” (he is not sure he said it) because there is no single European leader, and if the US wants political or military cooperation it calls the UK or France. In much the same way if countries need help apprehending and convicting someone they are much more likely to call in the ICC if it can actually help them catch the wanted person. [2]  [1] Perritt, Henry H., ‘Policing International Peace and Security: International Police Forces’, Chicago-Kent College of Law, March 1999,  p.293  [2] Sobczyk, Marcin, ‘Kissinger Still Lacks a Number to Call Europe’, The Wall Street Journal, 27 June 2012,


An ICC enforcement arm would be unduly expensive  In a climate where the ICC’s budget is determined exclusively by contentious negotiation between states (at a time where the ICC itself has threatened to close down investigations due to a lack of funds [1] ), many of whom are undergoing austerity, an enforcement arm is not the best use of scarce funds when its role can be taken by the state parties. The ICC is already expensive enough – it cost over €100M in 2009.  [1] Nzau Musau, “Kenya: ICC Threatens to Drop cases for Lack of Funds”, The Star (Kenya), 2013,


ICC enforcement would create resentment  There are good reasons for why an ICC enforcement arm would be ineffective on its own. It may have all the necessary equipment and training but it would be a foreign force, that may or may not be seen as legitimate, attempting to arrest a native of that country. The result would be resentment in the community at the intrusion. This regularly occurs to national police forces when policing in minority areas. In London the Brixton race riots were seen by one inquiry as “essentially an outburst of anger and resentment by young black people against the police” as the police did not represent them. [1] The result with the ICC as elsewhere would likely to at the least be a lack of cooperation, and with most of the force unable to speak the native language altering perceptions would be difficult. Such a force may bring even fewer results than using local forces and would provide a scapegoat for local politicians. [2]  [1] Bowling, Ben, and Phillips, Coretta, ‘Policing ethnic minority communities’, LSE Research Online, 2003,  p.4  [2] Perritt, Henry H., ‘Policing International Peace and Security: International Police Forces’, Chicago-Kent College of Law, March 1999,  p.294


An ICC enforcement arm would be highly detrimental to the relations between the ICC and state parties  Currently the ICC functions based on a relationship of trust and understanding with the state parties to the ICC – a bottom-up rather than a top-down approach. This is backed up by the court’s respect for the for the principle of complementarity – it is hoped that national courts are capable of prosecuting the crimes, and the ICC only takes a role if the state is unwilling or unable to do so. Being willing to use an international force to catch criminals would make a mockery of this determination to leave power and responsibilities at the national level wherever possible.  Having ICC forces on a country’s territory would be humiliating, showing that the international community does not trust that nation to catch war criminals itself. While this model did not provide for attempting to snatch government officials who have been indicted it does leave open the possibility of an international force intruding on states sovereignty without consent. This would diplomatically backfire and could even lead to an ICC force being involved in fighting with government forces protecting their national sovereignty.


An ICC enforcement arm is unnecessary  To create an enforcement arm for the ICC would be to accept that state parties are incapable of enforcing decisions themselves, that is not necessarily the case. State parties have supplied the ICC with many of the defendants that it desires to face trial, including Bemba and the Gbagbos. Some, such as Uhuru Kenyatta have appeared voluntarily. The current system is working in many cases. While it does not in all, there are some that will be extremely difficult to capture by anyone.


Needle exchanges protect the public  Needle exchanges allow drug addicts a convenient and safe place to throw away used needles. This directly protects the public from stray needles that are sometimes put in rubbish bins or left lying around. Specifically this protects children who often don’t know to avoid needles but it also protects sanitation workers and other staff from being accidentally struck by a needle.  Further, the families of those who are drug addicts can also be helped. Partners and loved ones are much more likely to come into contact with the drug addict and fluid exchange is possible. Given that this is the case, the benefits of needle exchanges also extend to these people.1  1. Franciscus, Alan. “Needle Exchange - A Matter of Public Health So why is the government playing politics with this ticking time bomb?” Hepatitis Mag, April 2003.


Needle exchanges prevent the transmission of disease  A needle exchange as mentioned in the introduction allows drug users to trade in dirty needles for new ones. This can prevent disease simply by preventing transfer of fluids from one drug user to another. As such, if one drug addict has HIV and has not yet been diagnosed it becomes less likely that he will transmit the disease to another person. Further, many drug addicts fail to even consider the possibility of infection via dirty needles, the mere presence of a needle exchange in the nearby vicinity causes drug addicts to be more aware of the dangers associated with dirty needles.  Further, the liberalising effect that needle exchanges have on public opinion can often cause societal change that allows needles to be bought over the counter. This is especially good in targeting drug users who do not wish to reveal that they have an addiction and allows them use of clean needles.  To back this up it has been found by some researchers that, there has been a one-third reduction in HIV prevalence in New Haven, Connecticut, after its NEP had been in operation for only 4 months. Researchers found an 18.6% average annual decrease in HIV seroprevalence in cities that had introduced an NEP, compared to an 8.1% annual increase in HIV seroprevalence in cities that had never introduced NEPs. HIV prevalence among NEP attenders in a Canadian city was low, even though high-risk behaviors were common. Injecting drug users in Seattle who had formerly attended an NEP were found to be more likely than non-exchangers to reduce the frequency of injection, to stop injecting altogether, and to remain in drug treatment, while new users of the NEP were five times more likely to enter drug treatment than never-exchangers."1  1. Debra L. O’Neill. "Needle Exchange Programs: A Review of the Issues". Missouri Institute of Mental Health. September 27, 2004 www.mimh200.mimh.edu/mimhweb/pie/reports/Needle%20Exchange.pdf


Needle exchanges can help social services to locate addicts who are in need of treatment  Needle exchanges allow drug addicts to see formal parts of the state that they often associate with negatively as institutions that can help them. This allows them to more positively associate with other state mechanisms such as rehabilitation clinics in the future.  This is further helped by clinic staff being able to recommend drug addicts to rehabilitation centres should they be looking for help and due to the more anonymous nature of clinic staff, drug addicts might ask for help from them as opposed to a closer person who they fear might judge them.  In addition, social services for addicts can be centred on needle exchanges. Rehabilitation clinics as well as simpler facilities such as washrooms can be centred there as well as clinics for disease diagnosis. Further, in the clinics themselves, posters and information pertaining to drug awareness can be circulated in order to help addicts.1, 2  1. Debra L. O’Neill. "Needle Exchange Programs: A Review of the Issues". Missouri Institute of Mental Health. September 27, 2004 www.mimh200.mimh.edu/mimhweb/pie/reports/Needle%20Exchange.pdf  2. Noffs, David. “Should Needle Exchange Programmes Be publicly Funded?” Close to Home Online,


Needle exchanges will increase the incidence of drug use  Beyond increasing drug use through condoning the practice, needle exchanges also facilitate drug use by gathering all the drug addicts in a single area. This allows drug dealers to operate more efficiently and as such gives them more time to explore new markets for their drugs. As well as this, people are encouraged to keep on taking drugs as they feel the risk to them from doing so has been significantly decreased by the exchange. Given the lower risk, those drug users that are still somewhat rational actors will be more likely to take drugs because of the lower potential harm.  Further, in the long run, needle exchanges through these mechanisms make it harder to eradicate drug use entirely in the future. By causing addicts and the public to accept drugs needle exchanges ingrain drugs in society as any removal of the facility in the future will be seen as the state coming down too harshly on drug addicts and can be opposed much more easily.1  1. Lawrence Aaron, “Why a Needle Exchange Programme is a Bad Idea.” RedOrbit. August 26, 2005.


Needle exchanges cause crime  Needle exchanges gather a large number of drug addicts into a single area. Many drug addicts are forced into criminality because of their addiction. Given that this is true, the needle exchanges serve to concentrate a large number of potential criminals in a small area. Not only does this increase crime in the area itself significantly, what is also manages to do is cause criminals to meet other criminals who they may not have interacted with before.  This can either lead to the aforementioned criminals working together and causing more problems, or it can lead to violence between rival criminals and their gangs.  Further, the simple gathering of criminals in a single area can also serve to attract other criminals to the same area to possibly reap benefits. This often comes in the form of prostitution, which thrives in areas of high crime and weaker police presence.1  1. Toni Meyer. "Making the case for opposing needle exchange". New Jersey Family Policy Council. November 16, 2007.


Creating needle exchange may normalise drug-taking behaviour  Needle exchanges increase drug use. The state implicitly accepts that drug use is an acceptable practice when it aids drug users in practicing their habit. As such drug users feel less afraid of taking drugs. This can extend to first time users who might be encouraged by friends to take drugs using the morally grey area created by needle exchanges as an argument.  Further, it is principally wrong that the state should help those who choose to take drugs to begin with. In doing so these people are choosing to firstly harm themselves and secondly cause harm to society as well as contravene the law. The state should exist in such a way that should someone contravene the law they be punished, not rewarded with extra supplies from the taxpayer with no further strings.1  1. Toni Meyer. "Making the case for opposing needle  exchange". New Jersey Family Policy Council. November 16, 2007.


The rich are now also deterred  Another purpose of fines is to provide a deterrent. If fines are applied at one rate regardless of income, they must be low enough not to be un-payable for those who do not earn much money. Consequently, they are set so low that they fail to have a deterrent effect on the richest in society, who are easily able to afford to break the law.  This is especially the case when you consider the sorts of crimes that are punishable by fines, e.g. illicit parking and littering. These crimes have an indirect harm, and thus it is easy for the rich to consider that once they have paid the fine they have paid for the damage done, even though in reality this is not the case.1  1 Gneezy, U., Rustichini, A., 2000. ‘A Fine is a Price’. Journal of Legal Studies., vol. 29 pp1-17


Rich and poor now face equality of impact of punishment  The purpose of a fine is to ensure that the offender faces the consequences of their actions. The extent to which a financial penalty feels like a negative consequence is relative to the amount of income someone has, not to the simple amount that the fine is. That is, if someone earning £200 per week is fined £100, that will feel more severe than a £100 fine would feel to someone earning £2000 per week.  Therefore, if you make fines proportional to the income someone has, all people feel the impact of the punishment equally, rather than the poor facing a punishment with a harsher impact on them than on the rich.


Creates the perception that the rich are not immune to the consequences of their actions  Fines that are not proportionate to income may create the perception that the rich are immune to the consequences of their actions. This is because people see those earning the least struggling to pay a fine, whilst the rich are able to pay that fine easily, without making any significant sacrifices. Canada is an example of this being the case with two thirds of respondents on surveys saying that the Canadian justice system is unfair because it provides preferential treatment to the rich compared to how harsh it is towards the poor.1  Making fines proportionate to income would change that perception. People would then see the law being applied in such a way as to punish all, not just certain sections of society. This will improve perceptions of (and consequently, relations with) the justice and law enforcement systems.  It is important that justice is seen to be done, as well as occurring (sometimes referred to as the Principle of Open Justice), for several reasons. First, we operate a system of government by consent: people’s opinions of the justice system are deemed an important check and balance on the power of the law-makers. Consequently, if they are seen to ‘abuse their power’ by imposing a law seen to be unfair, they have an obligation either to adequately explain and defend the law, or change it.  Second, people’s perceptions of law enforcement in one area spill over into other areas: it is the same police force enforcing all aspects of the law, and so the differences in policy origin are obscured. Consequently, if people deem law-enforcement to be unfair in one regard, they are less likely to trust it in other circumstances.  Third, it is important that the justice system is seen to be impartial, rather than favouring any particular group, because it is only under such circumstances that its designations of acts as ‘crimes’ can be seen as a true reflection of what you ought and ought not to do, rather than just what would be in the interests of a given group.  1 ‘Justice and The Poor’, National Council of Welfare, 10 September 2012,


The rich will resent this  The rich will feel like they are receiving an unfair, ‘greater’ punishment. This resentment will be magnified by media response: some newspapers and news outlets will choose to report this as an attack on the rich just as is the case with progressive taxation which is often attacked as an assault on ‘wealth creation’.1  This may well increase the extent to which they break the law, because if you perceive the law to be applied unfairly, you are less likely to consider it to be making an accurate assessment of whether an action is right or wrong in any given situation.  That is, in situations where you are unlikely to be caught committing a crime, the deterrent is clearly not the possible punishment (which you won’t face, because you won’t be caught). Rather, the deterrent is the extent to which you believe the illegal action to be morally wrong. If you believe a law is applied unfairly, you are less likely to consider the prohibited action to be actually, morally wrong, and therefore more likely to commit that act.  1 Cianfrocca, Francis, ‘Wealth Creation Under Attack’, Commentary, June 2009,


Creates the perception that fines are like taxes, rather than a punishment  If we detach fines from the crimes committed, people are more likely to see fines as unrelated to justice. Rather, they will see fines as another mechanism by which the government makes money, this will be especially the case if as in New Zealand the money goes into government coffers without being hypothecated.1  This is similar to the way in which some people in the UK see speed cameras as less about preventing speeding, and more about getting money from motorists with one poll showing 49% of people believe they are primarily about revenue raising.2  This is harmful because it decreases the probability of people who deem the fine ‘worth it’ nevertheless abstaining from the criminal act.  1 ‘Frequently Asked Questions’, New Zealand Police,   2 ‘Drivers conflicted over cameras’, IAM Driving Road Safety, 11 August 2010,


A flat rate is more just  A fine ought to be proportionate to the severity of the crime committed, not the income of the offender. It is fundamental that the justice system should treat all offenders equally; if two people commit the same crime in the same circumstances but one is richer than the other then they have caused the same amount of harm so should pay the same price for that harm. Having a richer person pay more implies that crimes by the rich are necessarily more harmful to society regardless of what the crime actually is.  Further, this system will cause anomalies, where rich people fined for small offences (e.g. littering) will have much larger fines than poorer people fined for more serious offences (e.g. speeding). This will make people question the fairness of the fines, which will negatively impact their relationship with the justice system.


Terrorist organisations such as Al Qaida do not respect the rights of individuals and the only way to fight fire is with fire  Terrorist networks use fear, pain and suffering as their stock in trade. By definition, terror organisations are not bound by legal due process or rights of appeal and review. Instead they deal out death to innocent members of society who have no power to alter the events and policies that motivate terrorists atrocities.  By contrast, the first role of governments is to protect their citizens’ safety and they should use all tools possible to ensure that innocents are not threatened with random death and destruction.  In the light of these two realities, it is appropriate for governments to take extreme measure, such as torture, to protect their citizens.


In the event of an imminent attack it is only reasonable to use force to find information  If authorities have good reason to believe that there is a realistic threat of a nuclear explosion in downtown Manhattan or Tel Aviv then it is vital that as much information as possible can be gathered as quickly as possible.  If that requires pain to be inflicted on an individual to save the lives of millions then it is simply practical to do so. The harm represented by the pain caused to a single individual is outweighed by the possibility that information gathered from a forceful interrogation might save thousands of lives


Time is of the essence in a crisis. When confronted with extremists who see a virtue in their own death, extraordinary methods may be required.  The use of force and fear in enhanced interrogation gives quick results. In the event of a bomb hidden somewhere in Manhattan, it’s vital to have information quickly. Nobody, even the most diehard proponents of enhanced interrogation, would suggest that it is pleasant or should be used on a routine basis; the point is that techniques such as waterboarding are effective and fast.  Responding to terrorist threats is something that needs to be dealt with in minutes or hours. Unfortunately, it is in the nature of due process and legal procedure that they trials and questioning take place in a framework of days or weeks.


Introducing the use of violence into the justice system means that liberties that have taken centuries to secure are lost  The principle that all people are presumed innocent and, as a result, should not be abused either physically or mentally by officers of the state is one that took centuries- not to mention a great deal of blood and sweat- to establish. In the words of British Chief Justice Phillips this respect for human rights is, in and of itself, “a vital part in the fight against terror”, as if terrorism is to be defeated states that ascribe to such principles must show that they remain true to them in order to win the ideological battle.  Using torture on suspected terrorist would be to tear apart that basic principle in response to crimes, which, it has been noted, are on nothing like the scale of the industrialised warfare of the twentieth century, would be a massively damaging step. Regardless of the scale of the crime the individual must have protections against false accusation and punishment, this means that a fair trial is necessary in order to determine innocence or guilt.


If legal principles are abandoned then there is little point in defending the liberties that democratic governments say they are so keen to defend  If we accept that this is a war, then its focus is not so much political control of territory as the preservation of a way of life. It is ridiculous to fight to defend principles of equality and decency using the tool of abandoning them the moment they become inconvenient.  The forces of religious extremism wish to undo 1,400 years of democratic development. We should not assist them in that process by allowing the major powers of the West throw out the most basic principles of the rule of law. Such a move, ultimately, has the potential to be vastly more destructive than the actions of a few fanatics


Allowing torture under any circumstances will allow the prospect of its routine use  The advantage of a complete ban on torture is that it leaves no room for doubt, no possibility for confusion, no need to apply personal judgement. Under the status quo, it is simply illegal to use force or the threat of force to solicit information from a suspect, regardless of the charge.  The moment that becomes something other than a complete ban then it puts an intolerable pressure on security officials to decide when it is justified and when it is not.  The experience of Abu Grahib demonstrates how the use of abusive treatment can become routine, even trivial, all too quickly. If it is acceptable to use torture to prevent mass-murder, then why not murder? If for murder than why not rape? And so on.


Video footage of a court case would provide valuable information for both defendant and judiciary.  If the defendant is convicted of a crime, they have a right to appeal in the UK [1] and US [2] . However, this is made difficult for another court to re-assess the conviction if they cannot know how reliable evidence was in the first trial. Without film recordings of court trials, judges who have the duty to re-examine the case are unable to see witness testimonies; though new evidence does sometimes come to light during the course of an appeal [3] , it would be easier to assess this new evidence if the judges also had knowledge of how the first trial went. If the judges could watch a video of the first trial, they could judge the demeanour, body language and general impression given by each witness in the first trial. Body language can affect a court’s perception of a witness [4] , but this information could not be gained by a transcript. However, this evidence may be important for a new verdict to be reached.  [1]  , accessed 18/08/11  [2]  , accessed 18/08/11  [3]  , accessed 18/08/11  [4]  , accessed 18/08/11


People should have a right of access to justice.  Given that people are already allowed to watch court proceedings from the public gallery – including the Judicial Committee of the House of Lords in the UK [1] , and the Supreme Court in the US [2] – there is little reason why this should not be extended to give better access across the nation to anybody who wants to watch. Those with full-time jobs or who live far away from the courts are currently unfairly limited in this respect, and those who do wish to attend well-publicised trials often have to arrive hours in advance to get a seat. Individuals should not have to give up so much time and money just to be able to watch a democratic proceeding, which is a cornerstone of democratic nations. Given that many closed trials such as the trial of the Guantánamo Bay terrorism suspects [3] have still led to intense media coverage, we would be better off showing the courts to be transparent and just instead of vainly trying to hide everything behind closed doors.  [1]  , accessed 05/08/11  [2]  , accessed 05/08/11  [3]  , accessed 19/08/11.


Cameras encourage efficiency and high standards.  Placing cameras into courtrooms encourages the judiciary and lawyers to increase their efficiency and have high standards of behaviour, because they are aware that it will be carried outside of the courtroom by public viewing. The introductions of cameras to the Houses of Parliament in the UK resulted in significantly improved standards of debate, greater punctuality, and greater attendance of MPs [1] . We can expect this same principle to continue in courtrooms when cameras are put in place.  [1]  , accessed 06/08/11


Invoking public reaction can damage the lives of those concerned in the court case.  Proposition may well argue that televising court cases gains a sense of ‘sympathy’ and justice for the victims of the case. However, this is double-edged. Firstly, particularly emotive and controversial court cases concerning crimes such as sexual assault could blind the public (or ‘audience’) to any untruthfulness from the ‘victim’, by virtue of being perceived as vulnerable and wronged. Secondly, any sympathy which is gained for one person often arises out of increased hatred or outrage against another – namely the defendant. This could lead to public condemnation of an individual who is never actually convicted of a crime; they will be exposed to public reaction that might be wholly unjustified if he is subsequently acquitted. One example of this is when Milly Dowler’s father was questioned in court as a suspect of his daughter’s death and his personal, pornographic magazines were used as evidence against him [1] . Although he was completely innocent, the prosecution’s job was to explore any possibility of perversion or dangerous character. This is an infringement upon that individual’s rights, as being publicly portrayed as a villain could go on to affect their future private life, such as their chances of future employment or anonymity.  [1]  , accessed 19/08/11


Witnesses and jurors could easily become involved in the media coverage of the case and place the trial at jeopardy.  Newspaper interviews with witnesses have already caused trials to be cancelled in the past [1] because the judiciary recognises that media coverage can change people’s incentives and warp their priorities. This interference may affect the reliability of the witness’ evidence or the jurors’ verdict. Following the televised trial of O. J. Simpson, several witnesses and jurors gave interviews to the media, or wrote their memoirs of the case [2] . If witnesses and jurors know that their public lives could be affected by how the rest of society perceives them through a court case, they might have an incentive to be more harsh or more lenient; public outrage when the criminal sentence does not match their own interpretations is likely to be laid on those who caused that sentence. This is particularly dangerous for America, where they have trial by jury [3] . Here, the jury has more control over the sentencing of criminals – which obviously becomes a problem if the jury has a vested interest in giving harsh sentences to offenders in order to gain public support. Cameras in court can only encourage witnesses and jurors to distort their true recollection or their opinions in order to profit from the media circus.  [1]  , accessed 19/08/11  [2]  , accessed 19/08/11  [3]  , accessed 19/08/11


Televising court cases undermines the right to privacy for the victim and the defendant’s family  Court proceedings can be extremely stressful for the families of the accused, and publicising them in this way only makes this worse. Again, a good example of this is the Milly Dowler case, when her father’s pornographic magazines were used as evidence against him [1] . Not only did he then have to try and come to terms with his daughter’s disappearance, but also the knowledge that the media – and his family – now knew intensely personal details about him which were not even relevant to the case, but used to try and condemn him anyway. Meanwhile, although the family members have done nothing wrong, they are forced to listen to critical evidence of another family member which is suddenly now broadcast into peoples’ homes directly from the court. Their public and private lives would be irrevocably transformed by this experience. Secondly, because the defence must try to protect the defendant, these vilifying tactics can also be used against the victim – which could then lead to fewer people being prepared to testify. There is already a problem in society where not all crimes are even reported, sometimes because the victims are afraid of how people will then think of them [2] [3] . The knowledge that the defence will try to expose them as a fraud, or deny that the offence took place – in front of millions of people watching the case on television – suddenly becomes a much bigger obstacle for victims, especially if they are emotionally shaken by their experience [4] , to come forward and help a criminal to be convicted.  [1]  , accessed 19/08/11  [2]  , accessed 19/08/11  [3]  , accessed 19/08/11  [4] Support group for women who have been victims of rape; helping them to testify in court  , accessed 19/08/11


This turns court cases into entertainment, rather than legitimate legal proceedings.  Several television shows, such as ‘Judge Judy’, assert the style of a legal courtroom [1] . These shows are based on entertainment value from scrutinising the accused and defendant; it would be dangerous to remove a barrier which currently separates genuine legal proceedings from entertainment by televising them. The risk that the public would see them as one and the same is increased by an incident where a man really did believe that the Judge Judy trial was a real trial [2] . The trial of Casey Anthony in Florida, where cameras are allowed, escalated into a media frenzy where legal justice became unimportant in comparison to television ratings [3] . Court cases, then, are at risk of not being taken seriously and used instead for the public to satisfy their curiosity into other peoples’ lives. Televising court cases also immediately undermines some fundamental principles of the justice system, such as rehabilitation. If somebody is convicted of a crime on national television, his or her anonymity or chance of future employment is severely compromised. The rights of the victims, their families, and the defendants should be placed ahead society’s assumed ‘right’ to sensationalist portrayals of the courtroom.  [1]  , accessed 18/08/11  [2]  , accessed 18/08/11  [3]  , accessed 19/08/11


Protection of Minors  We need to protect minors (those under the age of majority) from exposure to obscene, offensive or potentially damaging materials. While this would be a restriction on the freedom of speech it should be something that the government is responsible for and we would all agree needs some kind of restriction or regulation.


The character of every act depends upon the circumstances in which it is done  "The most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic." [1] Shouting fire in a crowded cinema when there is no fire, and you know it, is wrong because doing so creates a clear and present danger of harm to others.  Likewise, in the US (and many other countries) there is no protection for ‘false commercial speech’ (i.e. misrepresentation) and the contents of adverts can be regulated in order to ensure that they are truthful and do not deceive consumers. [2] On that basis, restrictions can be placed on how tobacco products may be advertised, and people may be prevented from promoting illegal and fraudulent tax advice.  [1] U.S. Supreme Court, Schenck v. United States, 249 U.S. 47, 1919,  [2] U.S. Supreme Court, Lorillard Tobacco Co v Reilly, AG of Massachusetts, 533 U.S. 525, 200


It may be necessary in the interests of national security  The Government must protect its citizens from foreign enemies and internal enemies - thus freedom of speech can be acceptably curtailed during times of war in order to prevent propaganda and spying which might undermine the national interest. This has happened in almost all states during times of war, during the second world war the United States even had a government department dedicated to it; The Office of Censorship. [1]  [1] Hanyok, Robert J., ‘Secrets of Victory: The Office of Censorship and The American Press and Radio in World War II’, Studies in Intelligence, Vol 46, No. 3,


Holocaust Denial  Speech acts lead to physical acts. Thus pornography, hate speech and political polemic are causally linked to rape, hate crimes, and insurrection.  Both scientific creationism and Holocaust denial have serious, and dangerous, hidden agendas. Deniers of the Nanjing Massacre believe that the Japanese did nothing wrong in the Second World War and continue to claim that it was a war of liberation against western colonialism - feeding Japanese militarism today. Holocaust deniers, in claiming that a Jewish conspiracy is responsible for the widespread belief that six million Jews were murdered by the Nazis, are closely allied to anti-Semitism and neo-Nazism. We should not allow such views the legitimacy which being debated gives them.


Individual Liberty outweighs any potential harms  Whatever the potential harms that may arise from unrestrained free speech; they pale in comparison to the harm that arises from banning an individual from freely expressing his own mind.  It is a matter of the upmost individual liberty that one’s thoughts and feelings are one’s own, and that individuals are free to express those thoughts and feelings openly. A prohibition on this liberty is a harm of incalculable value – it strikes right to the core of what it means to be in individual person.


Free speech allows challenges to orthodox beliefs  Free speech is not merely a ‘nice thing to have’, it is a mechanism which brings real, tangible benefits to society by allowing people to challenge orthodoxy. States that do not allow orthodox beliefs to be challenged stagnate and decline.  Reducing restrictions on free speech to ‘special exceptions’ frustrates the whole point because it is precisely those special exceptions where established truth needs to be challenged. This is not restricted to matters of pure opinion – the modern scientific process relies upon professionals being able to vehemently disagree on matters of crucial fact. “Real science depends for its progress on continual challenges to the current state of always-imperfect knowledge.” [1]  [1] Sarewitz, Daniel, ‘The voice of science: let’s agree to disagree’, Nature, Vol 487, No.7, 5 October 2011,


Prohibition does not work; instead, it glamorizes drugs  Those who want to use drugs will take them whether they are legal or not – and more are doing so than ever before. In 1970 there was something like 1,000 problematic drug users in the UK, now there are over 250,000. [1] Legalization will also remove the glamour which surrounds an underground activity and so make drug use less attractive to impressionable teenagers. For example, statistics suggest that cannabis use in the UK declined after its classification was lowered from ‘B’ to ‘C’. [2]  [1] Home Affairs Select Committee, ‘The Government’s Drug Policy: Is It Working?’, parliament.uk, 22 May 2002,   [2] Travis, Alan, ‘Cannabis use down since legal change’, The Guardian, 26th October 2007,


The law is hypocritical  In most countries where drugs are illegal, tobacco and alcohol, which arguably have equally devastating consequences in society, are legal. In a UK study, alcohol was shown to have the worst effects of any drug, yet the current law recognises that people should be able to choose whether they drink or not. [1] The same should be true of drugs.  [1] Professor David Nutt, ‘Drug Harms in the UK: a multicriteria decision analysis’, The Lancet, Vol 376, Issue 9752, pp. 1558-1565, 6th November 2010,


Drugs currently fund terrorism and regional instability  The Taliban gets most of its revenue from poppies, which provide the opium for heroin. They do this by intimidating local farmers who would otherwise sell their harvest at market. They then demand “protection money” as well, or else either another local warlord or the ‘protectors’ themselves would rob the farmer. Something like 22,700 people have died in Mexico since January 2007 from gangsters who want to protect their revenue and almost the entire continent of South America, from Brazil to Colombia, has had their governments destabilised by drug lords. [1] The hugely-costly but unsuccessful war on drugs could be ended, starving terrorists of the profits of drug production. As a result peace and development could be brought to unstable drug-producing states such as Colombia and Afghanistan.  [1] Mexico under siege, The drug war on our doorstep, Los Angeles Times , 27 September 2011,


People should be free to take drugs  Individuals are sovereign over their own bodies, and should be free to make choices which affect them and not other individuals. Since the pleasure gained from drugs and the extent to which this weighs against potential risks is fundamentally subjective, it is not up to the state to legislate in this area. Rather than pouring wasted resources into attempting to suppress drug use, the state would be better off running information campaigns to educate people about the risks and consequences of taking different types of drugs.


Legal drugs would increase tax revenue  In 2009-2010, the tax revenue from tobacco in the UK was £10.5 billion. [1] If the state legalizes drugs, it can tax them and use the revenue from this practise to fund treatment. At the moment such treatment is difficult to justify as it appears to be spending ordinary taxpayers’ money on junkies.  [1] Tobacco Manufacturers’ Association, ‘Tax Revenue From Tobacco’, accessed 16th June 2011 -


Drugs are safer when legal  Currently in the UK, purity of illegal Amphetamine is normally under 5%, and some tablets sold as ecstasy contain no MDMA at all. Instead, drugs are adulterated (“cut”) with substances from chalk and talcum powder to completely different drugs. [1]  At least when drugs are legalised the state can regulate their sale to make sure that they are clean and not cut with other dangerous substances. This will minimise the risk to users.  [1] Drugscope, ‘How Pure Are Street Drugs?’, updated January 2005,


Legalisation reduces crime  The illegality of drugs fuels a huge amount of crime that could be eliminated if drugs were legalised. Price controls would mean that addicts would no longer have to steal to fund their habits, and a state-provided drug services would put dealers out of business, starving criminal gangs of their main source of funding. For example, an Italian Mafia family were making around $44bn a year from cocaine smuggling. [1] This represents something like 3% of Italy’s entire GDP – and that from only one crime syndicate.  [1] Kington, Tom, ‘Italian police raids reveal how an 80-year-old gangster held sway over the feared Calabrian mafia’, The Observer, 18 July 2010,


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


Drugs will either be too cheap or too expensive  Low prices for drugs will hugely increase consumption of drugs, amongst all groups - addicts, previously casual users, and those who were not previously users. If drug provision is strictly regulated, an illegal black market may remain.


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.


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 .


Rehabilitation Is A Better General Justifying Aim for Punishment  Rehabilitation is the most valuable ideological justification for imprisonment, for it alone promotes the humanising belief in the notion that offenders can be saved and not simply punished. Desert (retributive) theory, on the other hand, sees punishment as an end in itself, in other words, punishment for punishment’s sake. This has no place in any enlightened society.  An example can be taken from the aftermath of the London rioters, where 170 riot offenders under 18 are now in custody without firstly understanding the causes of the riots nor the reasons of why these people offended. [1]  The rehabilitative ideal does not ignore society and the victim. In fact it is because retribution places such great value on the prisoner’s rights that it tries so hard to change the offender and prevent his reoffending. By seeking to reduce reoffending and to reduce crime, it seeks constructively to promote the safety of the public, and to protect individuals from the victimisation of crime. The public agrees; a 2008 poll of British citizens found 82% ‘thought rehabilitation was as important, or more important than punishment as a criterion when sentencing criminals’. [2] Such a model of punishment is therefore a more enlightened approach in a modern day criminal justice system. Our current system which focuses more on retribution does not have the possibility of seeking to prevent reoffending by curing the offender of their desire to reoffend.  [1] Malik, Shiv, ‘UK riots cause 8% rise in jailed children’, guardian.co.uk, 8 September 2011.  [2] Directgov. Rehabilitation versus punishment - judge for yourself. 1 July 2008 .


Rehabilitation Doesn’t Actually Work  While some rehabilitative programmes work with some offenders (those who would probably change by themselves anyway), most do not. Many programs cannot overcome, or even appreciably reduce, the powerful tendency for offenders to continue in criminal behaviour. In Britain, where rehabilitation has long been purported to stop re-offending, 58 per cent of those over-21 find themselves in trouble with the law within two years of release. [1] The rehabilitation programs simply do not work. ‘Rehabilitation’ is therefore a false promise – and the danger with such an illusory and impossible goal is that it is used as a front to justify keeping offenders locked up for longer than they deserve and sometimes even indefinitely (‘if we keep him here longer maybe he might change’). We cannot justify passing any heavier or more onerous a sentence on a person in the name of “rehabilitation” if “rehabilitation” does not work.  [1] Stanford, P., ‘The road to redemption: Does the rehabilitation of prisoners work?’, The Independent, 23 August 2007.


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.


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.


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 .


It blocks a significant amount of evidence  A system of just law is not based on opinions or ideologies. It is about finding evidence and using that evidence to prove or disprove either to 'beyond reasonable doubt' for criminal cases or 'on the balance of probabilities' for civil and commercial matters. The burden is on the importance of the evidence. It does not make sense for a legal system to on one hand place so much emphasis on evidence and lock away documents which will contain a vast array of empirical evidence with the other. Instead, attorney-client privilege should be abolished and all evidence should be in justices domain in order to ensure that the law achieves a just result.


Attorney client privilege need not be sacrosanct in all situations  Most obviously it seems unnecessary for there to be attorney client privilege when the defendant’s interests cannot be adversely affected. For example when the confidential information just does not incriminate the client himself but it might clear somebody else, or when the client is dead. Few people will be discouraged from being candid with their lawyers if there is merely the possibility that the communications may be disclosed after their death.  In addition there are situations where the client’s interest may indeed be hurt but where this should be outweighed by some other very important public interest. In other words perhaps there should be ‘necessity’ or ‘public interest’ or ‘in the interests of justice’ balancing exceptions to the privilege. This would be the case when public safety is at risk, for example if the client holds some very vital information but is not willing to disclose it to anyone other than his lawyer. In such cases the courts should weigh up and balance the client’s interests against society’s and make the decision accordingly rather than rigidly sticking to attorney-client privilege.


It makes it more likely that attorneys will lie for their clients  If communications between an attorney and their client are confidential, then it allows for lies to be put forward to the court in order to defend someone who is guilty. In the case of a criminal matter, it could mean that even though a defendant has stated they are guilty to their attorney, they will not be found to be guilty. Every attorney wants to win their case, and if they are likely to conceal the confession of their client if it means their client will be released. As the communication is confidential, such confession will not be informed to the court and the attorney would not be exposed for their lies. The confidential nature of the communications between attorney and client open the possibility for a system of justice based upon lies. This is not just and so the Attorney-Client Privilege should be abolished.


It places excessive moral burden on solicitors  With the attorney-client privilege in place, there is an excessive burden on the solicitor to cope with any information their client may give to them on a confidential basis. This means they have to deal with the information alone. This is an excessive moral burden for any individual to have and should not be justified on the basis that a solicitor is there to advance the interests of their client. It should not be the solicitors role to deal with moral conflicts alone.


The principle behind attorney-client privilege is declining in relevance  One of the principles behind allowing communications between a solicitor and their client to be privileged is that a solicitor is independent of their client and so will not breach laws themselves in order to attain their clients objectives. However, after the recession of 2008 and the Legal Services Act 2007 the position of in house lawyer is more prevalent [1] . In house lawyers are not financially independent. They are in fact employees of their 'client'. This eradicates the principle behind client-attorney privilege and therefore the privilege itself is now irrelevant and should be eradicated.  [1] In-house counsel on the rise, New Law Journal, 28 April 2010,  accessed 18/05/11


It better enables Attorneys to advance their client's case  An attorney's main duty is owed to their client. Under Rule 1.04 of the Solicitors' Code of Conduct a solicitor “must act in the best interests of each client”. [1] It is part of the adversarial system that we have that two opposing parties in litigation argue for their best interests. The whole working of the adversarial system of justice is that each party knows the facts but argues the facts that most support their case. To take away client-attorney privilege is to undermine this way of achieving justice.  [1] Rule 1: Core duties, Solicitors’ Code of Conduct 2007,  accessed 18/05/11


Client-Attorney Privilege is already qualified appropriately  In exceptional circumstances, solicitors are told that they may depart from the rule of confidentiality contained in Rule 4 of the Solicitors' Code of conduct. Note 9 states that there are some regulatory bodies that are entitled to be informed of apparently confidential client communications. [1] In cases of suspected money laundering, solicitors have a duty under the Money Laundering Regulations 2007 [2] to inform relevant bodies of any suspected money laundering or any handling of the proceeds of crime. This means that there is flexibility in the rule of client confidentiality and client-attorney privilege which allows for justice to take its course in serious circumstances.  [1] Rule 4: Confidentiality and disclosure, Solicitors’ Code of Conduct 2007,  accessed 18/05/11  [2] The Money Laundering Regulations 2007, legislation.gov.uk, No2157, 2007,


It supports the principle that everyone is entitled to a defence  In criminal, civil or commercial matters, it is important that everyone has equal access to the law. This ensures a fair and just system. In order to facilitate this principle, even those in the wrong need to know that what they say to their legal representative will not be used against them at a later date. It is this principle that provides equality in the court room and therefore the principle of client attorney privilege needs to be maintained.


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.


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.


The deterrent effect of the Court ensures wide-spread and equal adherence to international law.  Upon signing the Rome Statute in 1996, U.N. Secretary General Kofi Annan stated that 'the establishment of the Court is still a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law'1. Such statements demonstrate the impact the Court could potentially have, as a body that simultaneously cherishes sovereignty and protects national courts whilst offering a means by which criminals in states unable or unwilling to prosecute will still be brought to justice. As the natural and permanent heir to the process started at Nuremberg in the wake of World War II2, the ICC ensures that the reach of law is now universal; war criminals, either in national or international courts, will be forced to trial as a result of the principle of universal jurisdiction1. The deterrent effect of such a court is obvious and a warning to those who felt they were operating in anarchic legal environments.  1 Amnesty International. (2007, September). Fact Sheet: International Criminal Court. Retrieved May 11, 2011  2 Crossland, D. (2005, November 23). Nuremberg Trials a Tough Act to Follow. Retrieved May 11, 2011, from Spiegel International


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.


The ICC fails to prevent atrocities.  The ICC will not deter the commission of war crimes or genocide. The Third Reich augmented the crimes of the Holocaust when it became clear that the Allies would defeat them in Europe. The only expectation of the Nazi leadership was immediate execution, rather than trial in a judicial forum. Similarly, Slobodan Milosevic and the Bosnian Serb army conducted a campaign of ethnic cleansing in Kosovo whilst the International Criminal Tribunal for the Former Yugoslavia (ICTY) was sitting in the Hague. The calculation of whether to commit gross human rights violations is not that of the reasonable and rational individual. The existence of a court, however well intentioned, will have no effect on the commission of these crimes.


The novel crime of aggression leads to the prosecution of those seeking to protect human rights.  The likelihood of political prosecution is only augmented by the creation of the novel crime of 'aggression' under the Rome Statute. Any intervention in a State for the protection of human rights of some or all of its people might constitute a crime. The US or any NATO State could be prosecuted, at the request of the genocidaires, for successfully preventing genocide. Moreover, by a quirk of the drafting of the Statute, States that refuse to accept the jurisdiction of the ICC can nevertheless request the prosecution of individuals of other States for crimes alleged committed on its territory. Thus Milosevic could have demanded the investigation of NATO forces for the events of Operation Allied Force, but have precluded any investigation of the actions of the Bosnian Serb army on the same territory.


The ICC has too much authority.  The ICC will lead to political prosecution. American service members and senior military and political strategists will be subject to charges for legitimate military action. Any State has the power to refer an issue for investigation to the Prosecutor and the Prosecutor also has the power to commence an investigation ex proprio motu. There is no UN Security Council veto over the discretion of the Prosecutor. Moreover, the phantom of political prosecution has already materialised in the preliminary investigation mounted by the Office of the Prosecutor of the ICTY into the NATO bombing of Kosovo and the Federal Republic of Yugoslavia in the course of 'Operation Allied Force'. The Prosecutor chose to investigate a campaign that had been undertaken with clinical precision, that had received the ex post facto support of the Security Council, and that had been directed against a military infrastructure effecting a brutal policy of ethnic cleansing. This grim precedent suggests that a Prosecutor will not hesitate to investigate any other good faith and successful military actions across the globe.


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:


A bargaining chip  In much the same way that material investment in countries can be used as a bargaining chip to secure improvements in areas of legislation, so cultural investment can be used to secure rights associated with related fields of endeavour. Free speech is merely the most obvious. It is reasonable for a western university to insist that its graduates will need to have access to the fruits of a free press and democratic speculation of experts and the wider public [i] .  The cases of the lecturer, Chia Thye Poh who is arguably the world’s longest serving prisoner of conscience or the political opposition leader, Vincent Cheng who was barred from addressing a talk organised the History Society of NUS at the national library [ii] both give examples of how Singaporean government actions impact directly on university life and academic freedoms. In the light of this, it seems the height of reasonableness for Western universities to say that they will only operate in areas that offer the same academic freedoms they would expect in their home country. If the Singaporean government wants that benefits that Yale graduates can bring, they should be prepared to accept such a change.  [i] Stateuniversity.Com. western Europe – Educational roots, reform in the twentieth century, contemporary reform trends, future challenges.  [ii] Ex-detainee Vincent Cheng barred from speaking in history seminar, The Online Citizen, 28 May 2010


The academic tradition of the West  The growth of universities as beacons of free speech has been a fundamental part of their history in the West; notably during the renaissance, reformation and enlightenment. The democratisation of that process with the expansion of the university sector in recent decades is merely the latest stage in an ongoing process.  However, that entire process has been driven (along with the artistic, cultural and scientific changes they have inculcated) on the basis that universities allow for the free exchange of ideas and flourish in environments where that approach is standardised throughout society [i] . Marxist scholars have gone further in calling for a critical pedagogy in which perspectives other than academic orthodoxy are normalised within universities.  Such institutions produce the best graduates because they have the best academics and the best academics will stay where they are free to publish whatever their research is and express their own views. For example in the 1990s 55.7% of those who had immigrated to the USA from the USSR described themselves as academics, scientists, professional or technical workers. [ii] Those academics in turn respect the intellectual tradition of dissent and critical scrutiny of which they are the inheritors. To take something else and slap the name ‘Yale’– or for that matter Oxford, Harvard or ETH Zurich – on it and pretend that nothing has changed devalues the qualification. Without the intellectual dissent and freedom of academic inquiry it is intellectually dishonest to call the degree the same thing.  [i] The Nebraskan. Doug Anderson. Learning depends on the free exchange of ideas, Nebraskan says.  [ii] Harvard, ‘Russians and East Europeans in America’


Maintaining the value of the degree  Employers and others expect certain degrees to mean certain things; they are more than just an expensive badge. In the case of elite western universities part of what that means is a critical approach to the world and the willingness to challenge ideas, regardless of the authority that holds them. Part of their exclusivity derives from their admission standards, partly from the academic rigour of their scholars and partly from the simple fact that there are only a relatively small number of graduates.  In other areas universities are all too aware of selling their reputation – impartiality, avoiding plagiarism and so forth – the same should be true here. If a degree from a western university does not mean that it recognises issues such as creativity and free thinking then it devalues the degree itself.  As a result the very governments that are so keen to acquire the creative, critical skills offered by graduates of western-style education will end up undermining the very thing that they seek. This impacts not only the graduates from Asian campuses of western universities but also their peers at the home institution [i] .  [i] US-China Today. Jasmine Ako. Unraveling Plagiarism in China. 28 March 2011.


‘Separation of town and gown’  There are two parties involved in this interaction, the state and the university. To pretend that is an entirely one way process is to ignore reality. Contrary to the belief of many Senior Common Rooms, states do not exist for the convenience of universities. Indeed universities quite happily accept the political and economic stability provided by states at exactly the same time as criticising the methods they need to use to maintain it.  However, ultimately universities are service providers from the point of view of the state, training and skilling the workforce. The university provides its expertise in exchange for funding and student fees. Where, exactly, the opinions of the faculty enter into such an equation is not clear and appears to have been assumed by proposition. Of course individual academics and students have the right to their own political views but the idea that a university as an institution has rights distinct from, say, a supermarket chain is impossible to justify. If a supermarket announced that it should be free to ignore local laws and adopt those of its base state instead, that would clearly be rejected. Just as when a food chain invests in a country for, say, beef, the arrangement is predicated on the understanding that both parties benefit and each has a little room for negotiation. [i] The same should apply here. If prop were to argue that Asian nations should relax there approach to cannabis so that it students could enjoy a more genuine ‘Western student experience’ the statement would be the subject of ridicule, so should this be.  [i] Smith, David, ‘Tesco should give us some of these billions’, guardian.co.uk, 15 May 2009,


Universities should exchange ideas not impose them  Of all possible institutions, for a university to suggest that it is not open to defending its ideas rather than insisting that they be artificially imported seems counter-intuitive. As Asian and European intellectual traditions increasingly interact as a result of economic interaction there are going to be clashes between and attempts to integrate the Confucian and Socratic approaches [i] . Part of that is the relationship between academia and the state. Western institutions seeking to establish themselves as a presence in Asia should at least be open to the idea that a different approach may have something to offer. After all a willingness to accept new ideas and attitudes is key to the ethic of any university – the assumption that such an exchange would only flow in one direction is astonishingly arrogant.  [i] This is true at every level, including simple things such as the approach taken by students to their studies. Inevitably, universities have responded to these in different ways in the two traditions.  Paton, Michael, ‘Asian Students, Critical Thinking and English as an Academic Lingua Franca’, Analytic teaching and philosophical praxis, Vol.32, No.1, pp.27-39 p.28


Argument One: Contact leads to the dissemination of values  There is certainly some evidence to suggest the view that trade with a country can benefit human rights as increased wealth provides many with more choice and better standards of living. [i] Certainly that argument has been made by governments and multi-nationals based in the West. It is not unreasonable to suspect that this may relate to academic cooperation as well, as Richard Levin suggests in the introduction. However it seems likely that in this latter case, as in the former, that a gradualist approach is the sensible one to take. We build on existing strengths while agreeing to differ in certain areas. To extend the trade example, China, the US and the EU all manage to trade with each other despite differing approaches to the death penalty. They trust that through cooperation over time, changes can be achieved. This will happen slowly in some instances – as with the ‘drip, drip’ affect in China - or quickly in others as has been the case in Burma [ii] .  On key difference to note with the shift towards establishing elite universities around the world rather than shipping the world’s elite in to attend them in the UK and the US is that it opens opportunities to a much wider social group. For decades a small handful – children of the wealthy and political elite - have had the opportunity to have a Western education before returning home as well-educated tyrants and sycophants. Expanding the learning opportunities to the rest of the nation seems both just and reasonable.  [i] Sirico, Robert A., ‘Free Trade and Human Rights: The Moral Case for Engagement’, CATO Institute, Trade Briefing Paper no.2, 17 July 1998  [ii] Education has long been seen as a critical starting point for the development of human rights in any country as is examined in this UNESCO report .


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.


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.


Online courses are more convenient for students than traditional university  The vast popularity of MOOCs can be explained by the fact that people are finding it easier to learn this way. The best feature of online learning that it can be done in the privacy of one's home, which is more convenient than having to move cities or even countries for a university degree. Moreover, online courses are inherently more flexible. Lectures can be watched and tests taken at any time a person desires (within the deadlines), unlike with scheduled lectures and tests at the traditional university. Not only this means a more personal approach to studying, it also provides people with more flexibility to manage their other commitments, such as work and childcare. Such personal and flexible approach to learning will overtake the rigidity of the traditional university.