query: Easy to introduce  A ban on smoking in public places would be simple to enforce – it is an obvious activity, and does not require any form of complex equipment or other special techniques . It would largely be enforced by other users of public places and those working there. If it changes attitudes enough, it could be largely self-enforcing – by changing attitudes and creating peer pressure 1 .  1 See Hartocollis, Anemona, “Why Citizens (gasp) are the smoking police), New York Times, 16 September 2010,

positive: addiction healthcare international africa house believes ghanas ban smoking public It would require a large amount of resources for law enforcement to go in to such public places occasionally to see that the ban is being enforced.  It would be easier to enforce conditions relating to the packaging and production of tobacco, which occurs on fewer sites, than ban an activity in certain places which is not so enforceable.

negative: government religion church religion general secularism house would ban religious A ban would be simple to enforce.  A ban would be simple to create and enforce. Religious symbols are for the most part meant to be shown therefore it is simple for police or authorities to check that someone is not wearing them. There are many societies that have had bans on a religious symbol in public buildings, for example in France where there is a ban on religious symbols in schools has been in force since 2004. In France the ban is made even easier to enforce by restricting it to 'conspicuous' religious apparel.1 Moreover when the ban is only when entering public buildings it can be enforced by the teacher, or the building's security guards rather than being an issue for the police to deal with.  1 BBC News, 'French scarf ban comes into force', 2 September 2004 , accessed 28/8/11

negative: The City has the obligation to protect its citizenry  Thomas Jefferson said “the purpose of government is to enable the people of a nation to live in safety and happiness”. [1] As an elected government led by Mayor Bloomberg, the government of New York City is obligated to lead the city in a positive direction. In Bloomberg’s case it was among his campaign promises “To achieve the biggest public health gains in the nation” and given his record with the smoking ban this kind of proposal is the obvious way to achieve such a goal. [2] as the Soda ban is not an infringement upon personal rights but a necessary public health measure. The ban on large sodas does not prohibit the consumption of soda, it simply impedes negative choices for poor nutrition. [3] The City has an obligation to promote healthy living as a form of keeping its citizenry safe and the New York City Department of Health and Mental Hygiene clearly states ‘Ourmission is to protect and promote the health of all New Yorkers’. [4] “Obesity is a nationwide problem, and all over the United States, public health officials are wringing their hands saying, ‘Oh, this is terrible,’” but Mayor Bloomberg said, “New York City is not about wringing your hands; it's about doing something.” The mayor continued by including how he viewed his duty: "I think that's what the public wants the mayor to do.” [5]  [1] Thomas Jefferson quoted by Hughes, David, ‘Ed Miliband doesn’t seem to know what government is for’, The Telegraph, 17 March 2010.  [2] Paybarah, Azi, ‘Bloomberg Envisions 2013, Thompson Sees Empty Promises’, The New York Observer, 26 October 2009.  [3] Park, Alice, ‘The New York City Soda Ban, and a Brief History of Bloomberg’s Nudges’, Time, 31 May 2012.  [4] ‘About the NYC DOHMH’, New York City Department of Health and Mental Hygiene.  [5] Grynbaum, Michael M., ‘New York Plans to Ban Sale of Big Sizes of Sugary Drinks’, The New York Times, 30 May 2012.

negative: addiction healthcare international africa house believes ghanas ban smoking public What those statistics mean could be questionable – did the ban make people stop, or only provide an extra incentive or assistance for those who already want to stop to do so? It could be suggested that this would simply lead to increased smoking within the home.  Even so, other measures could be more effective, if the goal is a simple reduction in smoking numbers.

negative: media modern culture television gender house would ban sexist advertising Any changes in advertising should come from businesses themselves rather than through banning.  Banning requires a legal framework and enforcement mechanism. External organizations interfere with the ability of business to conduct business. Should the social cultural environment change, businesses are likely to respond to the attitudes of their consumers. A recent change in the California Milk Board's website occurred due to public pressure.1 Social corporate responsibility is another possibility which business could embrace if changing social attitudes develop.2Banning is a repressive method which interferes with competition. Self determined methods should be allowed to competitors in the economic marketplace. Therefore, any changes in advertising should come from the business community rather than through banning. 1 Kumar, Sheila. "Milk Board Alters Sexist PMS-Themed Ad Campaign." The Huffington Post. 2011/July 22. 2 Skibola, Nicole. "Gender and Ethics in Advertising: The New CSR." Forbes.com. 2011/August 4

negative: health general weight house would ban junk food schools Schools are the best place to create lasting lifestyle changes.  Schools are playing an increasingly formative role, in the sense that they’re being tasked with not only knowledge transfer, but also the creation of behaviors and placing emphasis on teaching students how to apply their knowledge. [1]  Given this expanded mandate, the schools are not only obliged to therefore offer choices that would go hand in hand with healthier behavior, but also the perfect pressure point for lawmakers to go about introducing healthier lifestyles.  The simple reason is that our kids are increasingly looking not to their parents, but schools and the environments they provide, for advice on how to live their lives. They are also the traditional environments for youth to continuously invent and reinvent themselves and therefore hold immense potential for behavior modification.  [1] Fitzgerald, E., 'Some insights on new role of schools', New York Times, 21 January 2011,  , accessed 9/11/2011

negative: crime policing punishment society house believes criminal justice should focus more 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.

negative: media modern culture television youth sport house would ban child performers Just as the state creates laws to protect child performers it could ban child performers  Child performers are currently protected by laws about all sorts of things from the minimum amount of education they may get to their pay and how many hours they can work. Many of these laws would be much more difficult to enforce than a blanket ban. It would be simple to enforce as child performers would in most cases be easy to spot – as they are performing for the public. The government could then bring charges against those who are employing the child and fine them.

negative: The necessary research alone will take time and should be a priority  There are significant research challenges that need to be addressed in terms of envisaging what an adaptation regime would look like. For example how adaptation would tie into to other types of change – social, economic, demographic, etc. Answering these questions, alone, will take time but are a necessary precursor to building a realistic adaptation routine [i] .  The urgency here comes from the fact that it will take time to establish new systems to work on this at an international level. One of the difficulties demonstrated by the experience of initial studies of climate change was that it needed to be conducted on a global scale, frequently involving complex and expensive modeling systems. There are several backstages to establishing this and the majority of relevant academics are currently working on prevention models rather than designing an entire new framework of prediction.  Developing such frameworks will require the focus of governments, in terms of research funding policies and agreeing enforcement and delivery models.  Given the choice between building a framework that can work and focussing on one that hasn’t, the choice seems to be fairly obvious [ii] .  [i] National Climate Change Adaptation Research Facility website.   [ii] See also the UN site here

negative: addiction healthcare international africa house believes ghanas ban smoking public Lower healthcare costs  Smoking caused disease causes large expenses for healthcare systems, something which is particularly burdensome in countries without the rich well developed healthcare systems of the developed world. In the UK lung cancer, one of the diseases caused by smoking, costs £90 per person or £9071 per patient. 1 Even the cost per head of population is higher than Ghana’s entire healthcare budget of $83.4 (about £50) per person. 2  The reduction in smoking, which would be triggered by the ban, would lead to a drop in smoking related illness. A study in the US state of Arizona showed that hospital admissions for smoking related diseases dropped after a ban on smoking in public places 3 .  This would allow resources to be focused on the big killers other than tobacco – including HIV AIDS.  1 The National Cancer Research Institute, ‘Lung cancer UK price tag eclipses the cost of any other cancer’, Cancer Research UK, 7 November 2012,   2 Assuming Ghanaian health spending of 5.2% of GDP which is $40.71 billion split between a population of 25.37 million from World Bank Databank    3 Herman, Patricia M., and Walsh, Michele E. “Hospital Admissions for Acute Myocardial Infarction, Angina, Stroke, and Asthma After Implementation of Arizona’s Comprehensive Statewide Smoking Ban”, American Journal of Public Health, March 2011,

negative: business health addiction house would ban smoking public spaces While all humans do have the right to rest and leisure, they should not be allowed to do so at the expense of the health and safety of other human beings. Serial killers enjoy killing people1, but it is against the law to commit murder. Smoking in public places should be banned despite the fact that smokers enjoy doing it, because it endangers the health of others.  1 Blackwelder, Edward, 'Serial Killers: Defining Serial Murder', Criminology Research Project Inc.

negative: business health addiction house would ban smoking public spaces Exposing non-smokers to second-hand smoke goes against their rights.  The Universal Declaration of Human Rights (a list of rights to which the United Nations has declared that all human beings should be entitled) states that "Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family"1. More than 50 studies carried out worldwide have found that people are at an increased risk of lung cancer if they work or live with somebody who smokes2. Given these very serious health risks, it goes against people's human rights to be exposed to second-hand smoke when they have not chosen to breathe it in. To avoid this happening, smoking should be banned in public places, so that non-smokers can be sure that they will not have to breathe in second-hand smoke.  1 The Universal Declaration of Human Rights', General Assembly of the United Nations,   2 'Tobacco Smoke and Involuntary Smoking', World Health Organisation, Vol.83, 24 July 2002,

negative: Warrants are needed to prevent abuse  In the light of the recent NSA events(1) , we must try and see past this curtain of fog the government has put in front of us, trying to make us believe that everything it does, it does for our own good and that in this process the law is being respected to the letter. Unfortunately, if the necessary system of checks-and-balances between the government and the masses or judicial courts is lacking, it will always find ways to abuse its powers and violate our rights. Even with the warrant currently being mandatory when trying to tap one’s phone, we see that Justice Department’s warrantless spying increased 600 percent in decade(2). If the government is currently invading our lives when we have specific laws banning it from doing so, why should we believe that this phenomenon won’t escalate if we scrap those laws?  The government's biggest limitation when actively trying to spy or follow a large group of people was technological; it was difficult - if not impossible - to follow a lot of people for days at a time. But with surveillance tools it’s becoming cheaper and easier, as is proven by the astounding 1.3 million demands for user cell phone data in the last year “seeking text messages, caller locations and other information”(3.) Without the resource limitations that used to discourage the government from tracking you without good reason, the limits on when and how geolocation data can be accessed are unclear. A police department, for example, might not have the resources to follow everyone who lives within a city block for a month, but without clear rules for electronic tracking there is nothing to stop it from requesting every resident's cell phone location history.  Considering these facts, it is clear that, as we live in a time when it would be extremely easy for the government to engage in mass surveillance of the population, we must enforce and harden the current laws for our own protection, rather than abandoning then for good. No matter what, George Orwell’s books should not be perceived as a model for shaping our society.  At the end of the day, without any oversight, it would be extremely easy for the government to abuse this power given to it by electronic surveillance tools, without us ever knowing it. This system is the only thing left that prevents government agencies to violate our rights.  (1) Electronic Frontier Foundation   (2) David Kravets” Justice Department’s Warrantless Spying Increased 600 Percent in Decade”, “Wired” 09.27.12   (3) Trevor Timm , “Law Enforcement Agencies Demanded Cell Phone User Info Far More Than 1.3 Million Times Last Year”, “Electronic Frontier Foundation” July 9, 2012

negative: crime policing international law house believes icc should have its own enforcement An enforcement arm would still have finite resources. There is no guarantee that an ICC in-house enforcement system would arrest more suspects than the existing system of state bilateral co-operation. This is particularly the case in relation to the most thorny problems the ICC faces – how to catch those who have the backing of their state. An independent force would not enable the ICC to snatch Omar al-Bashir out of Sudan unless the proposal was to create a special forces style force and any such action would have large diplomatic repercussions.

negative: addiction healthcare international africa house believes ghanas ban smoking public Ban would harm the wider economy  A ban could harm the wider economy – from bars to clubs, if smokers are unable to smoke inside, they may be more likely to stay away. According to some critics, this lead to the closures of bars in the UK when such a ban was brought in 1 . Research in the United States has shown drops in employment in bars of between 4 and 16 percent. 2  1 BBC News, “MPs campaign to relax smoking ban in pubs”, BBC News, 2011,   2 Pakko, Michael R., 'Clearing the Haze? New Evidence on the Economic Impact of Smoking Bans', The Regional Economist, January 2008,

negative: The ban on homework could be easily enforced through school inspections  In many countries public schools require regular school inspections to ensure students are receiving a relatively equal level of education. In Britain for example, Ofsted is a public body that exists specifically to inspect public schools.1 A ban on homework would thus not require a level of trust between the state and individual school principals, for state inspectors could very quickly work out whether homework was being given out by asking the children themselves. Children, who don't like homework at the best of times, would not lie.  1 Ofsted, 2011

negative: punishment house would make fines relative income 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,

negative: This policy undermines the grassroots movements that are necessary for full and sustained protection of the LGBT community  Lasting change to anti-homosexual attitudes will only happen from the ground-up. This hinders the ability of governments to engineer more accepting attitudes toward the LGBT community.  Even if you could get countries to discuss their policies and liberalize them through this policy, this will not actually change the reality for the LGBT on the ground. Nations where anti-homosexuality laws are in place have large swathes of support for these laws as they represent and enforce the morality of the vast majority of their populace. Simply removing anti-homosexuality laws does not protect homosexuals in their home countries. Simply not being pursued by the government does not mean the government is willing or able to protect individuals from society. Moreover, it makes it nearly impossible for the government of that country to try to liberalize and engineer a more LGBT-friendly attitude in their country if they have submitted to Western pressures. Populations feel abandoned by their governments when they no longer reflect or uphold their wishes and what they view as their moral obligations. The government loses its credibility on LGBT issues if it abandons its anti-homosexual platform and thus cannot moderate or attempt to liberalize such views in the future. This simply leads to people taking “justice” against homosexuals into their own hands, making danger to homosexuals less centralized, more unpredictable and much less targeted.  A perfect example of this is in Uganda where the government’s “failure” to implement a death penalty for homosexuality led to tabloid papers producing “Gay Lists” that included people suspected of homosexuality [1] . The importance of this is two-fold. First, it shows that vigilante justice will replace the state justice and thus bring no net benefit to the LGBT community. Second, and more importantly, it means that the violence against LGBT individuals is no longer done by a centralized, controlled state authority, which removes all pretence of due-process and most importantly, makes violence against homosexuality become violence against suspicion of homosexuality. Thus, making it an even more dangerous place for everyone who could associate or in any way identify with what are viewed as “common traits” of the LGBT community.  [1] "Gay Rights in Developing Countries: A Well-Locked Closet." The Economist. 27 May 2010.

negative: Many other things such as radios within cars are just as distracting as mobile phones. Although it is easy for police and prosecutors to prove that a mobile phone was in use during a particular period of time, it is difficult to monitor the use of mobile phones in most situations. Enforcing a ban on mobiles would be as impractical as a ban on arguing with a spouse.  Further, the point of the ban on mobile phones is to minimise distractions. However, a simple ban on mobile phones is likely to create a false sense of security among road users.  Objects similar to cell phones are not subject to bans, despite the fact that they might be distracting as well. For example, a tablet PC in the passenger seat would not be under this ban, but could easily be as distracting. This false sense of security could practically cause drivers to be less conscious of distractions and thus hurt in the long run. Whilst the law might incorporate these bans into the system, the prevalent message that will get to the people will typically be centred on a mobile phone ban. This is because mobile phones are the single most prevalent item that would be banned under the proposition. As such, even though the law covers all distracting goods, it might still breed complacency in people, causing them to ignore other items in the car that might be distracting and assume that they are legitimate. [1]  [1] Tetlock, Paul. Burnett, Jason. Hahn, Robert. “Ban Cell phones In Cars?” Cato.org 29/12/2000

negative: education general secondary crime policing house supports random drug testing None of these benefits apply if the peer pressure simply switches to harder drugs which are harder to test for or less likely to be tested for.  Moreover, peer pressure can exist outside of schools, and amongst older teenagers who have the choice to vary their attendance of sixth forms, FE colleges or senior high schools. Random drug testing could lead to older children being pressured to cut classes for prolonged periods of time, in order to take drugs, in order to be thought of as cool.  Teenagers are also notorious for believing that “nothing bad can happen to me”, even if that bad thing becomes more likely (such as being caught with a random drugs test). This is demonstrated by the fact that many teenagers already engage in illegal drug use despite the reasonably high chances that an adult will see them using drugs, smell smoke or notice the drug's effects on them in the status quo. [1]  [1] Grim, Ryan. “Blowing Smoke: Why random drug testing doesn't reduce student drug use”. Slate. March 21, 2006.

negative: global politics defence warpeace house would create un standing army A UN standing army would be ideally suited to respond to contemporary crises.  Changes in modern warfare dictate the need for an impartial, rapidly-deploying, multi-national force. Modern warfare is no longer the trench battles of battalions aligned to a flag, it is increasingly police actions designed to prevent the resort to warfare in the first place or enforce ceasefires once they have begun. As such, the impartiality of a UN standing army would be highly valuable, offering both parties in the conflict a neutral peacemaker and peacekeeper. Contrast this to the perceived differences in attitude between troops from Britain, the US, Russia and France to warring sides in the Balkans. It would be free of accusations of meddling and self-interest that accompany the participation of troops from neighbouring states in UN interventions (for example, Nigeria in West African missions). A UN standing army could overcome local civilian suspicion, free from the threat of propaganda from those opposed to it and free from the restraints of state power on those troops involved.  Furthermore, a UN standing army would be able to deploy much faster than current peacekeeping missions which are held back by the bureaucracy of finding troops, equipment and funding. The present system takes months to put forces in the field, and these are often inadequate to the task in hand, as member states have pledged fewer troops than were requested and they then struggle to co-ordinate across cultural and linguistic barriers. This has meant the UN has often acted too late, with too little force, and has thereby failed to avert humanitarian disasters in such places as Central Africa, Bosnia, Sierra Leone and Somalia. A UN standing army would be permanently available and able to deploy rapidly to contain crises before they turn into full-scale wars and humanitarian disasters. Without an independent army, the UN has ‘no capacity to avert such catastrophes’ 1 for it simply cannot raise forces quickly or effectively enough.  [1] Johansen, R. C. (2006). A United Nations Emergency Peace Service to Prevent Genocide and Crimes Against Humanity, p.23.

negative: education general secondary crime policing house supports random drug testing School's duty of care  Peer pressure drives most drug use among children and teenagers. [1] The fact that the state requires all children to be engaged in education means that most of them will be gathered into large groups in schools for most of the day, five days a week, essentially creating the necessary conditions for peer pressure to take place and be powerful. This occurs as some children face ostracism or exclusion from their peers in the social environment that the state compels them to be in if they refuse to take illegal drugs, if drug use is deemed necessary to be 'cool' or 'popular'.  It is, generally, the state that operates a western liberal democracy’s education system. Under circumstances in which children are placed into the care of the state, and are made vulnerable to peer pressure the state has a duty to ensure that children are not coerced into using drugs. This means that concerns of 'privacy' are secondary to protecting the choice not to take drugs, as ensuring the 'privacy' of all students by not having random drug tests empowers some students to socially coerce other students into using drugs when they otherwise would not.  Random drug tests help prevent cultures or norms of drug-taking (by which it can become the 'cool' thing to do) by ensuring that most drug users will be caught and helped to quit, thus protecting the choice of others not to be pressured into drug use.  [1] Rosenbaum, Marsha. “Safety First: A Reality-Based Approach to Teens and Drugs”. Drug Policy Alliance. January 1, 2007

negative: Of course a ban will not completely eliminate these weapons but it would reduce the supply and make it much easier for the police to seize the weapons so taking them off the streets. It would also be a step in the right direction in attempting to change public perceptions and amend the American attitude. It is understated just how relaxed American laws are in comparison to the rest of the world, even states such as Switzerland and Israel that are often highlighted by the NRA as being model states that allow gun ownership with few resulting shootings are much more restrictive than the USA. [1]  There is no reason to think that a black market is somehow going to result in more of these weapons being available so the fact that it will exist after a ban is not a reason not to go ahead with the ban. It is not ideal that a ban is not retroactive so leaving a large number of such guns in private hands but this number will slowly diminish over time rather than continuing to rise as it would under the status quo.  [1] Rosenbaum, Janet, ‘A League of Our Own’, Foreign Policy, 19 December 2012,

negative: Restrictions benefit the health of third parties  This argument is built on the premise that a ban or higher taxation in practice will lead to less smokers, especially protecting the families of smokers and other non-smoking citizens from potential health risks and premature death.  Smoking also has wider effects, not simply restricted to smokers themselves. So-called 'passive smoking' is becoming an important issue: in a smoke-filled environment, non-smokers are also exposed to the risks associated with tobacco. Especially when it comes to homes and families there is a high likelihood of "passive smoking". Research suggests that partners of smokers have an increased chance of developing lung cancer, even if they do not use tobacco products. Recent research even shows, that according to the Journal Archives of Pediatrics, children living in households of smokers are more prone to mental illness, depression and attention deficit disorder (ADHD)1.  So because restrictions on smoking prevent harm risks to families of smokers and third parties we should highly regulate or ban them.  1 Anits M. Schimizzi, 'Special Editorial: Smoke Signals How Second Hand Smoke Can Impact Your Child's Mental Health, Child-Psych, 10 August 2011, accessed 6 September 2011

negative: In most countries where there is an acceptance of the medical value of cannabis it is fairly easily available, this would simply condone its recreational use  At a time when governments, along with health professionals, are trying to restrict the use of legal drugs such as alcohol and nicotine, giving the use of cannabis the sanction of government approval would take health policy in a direction that most people do not wish to contemplate.  Effectively, such a change in policy would announce, ‘We’d rather you didn’t drink or smoke but it’s okay to get high’.  In most nations where this discussion is even happening the personal use of mild narcotics is ignored by law enforcement. However, legalizing the use of drugs in any way says to the world at large, ‘this isn’t a problem, do what you like’.  The production of drugs ruins lives and communities. Any attempt to fully legalise marijuana for medical use would only be effective in western liberal democracies. There is a high probability that it would incentivise increased production of the drug in states where it remains illegal. For the reasons given above, legitimatizing cannabis’ use as a medicine would increase or entrench its use as a recreational drug Restrictions on cannabis production would place the market under the control of criminal gangs. As a result, cannabis growing would continue to be defined by organized violence, corruption, smuggling and adulteration of the drug itself.  Legitimatising cannabis use via state legislation ignores and conceals the human suffering caused by the production of drugs in both developed and developing states. .  Moreover, many organized crime networks prefer to grow and sell cannabis over other, more strictly regulated drugs. It remains highly likely that the legal market for cannabis that the state proposes to create would become a target for organisations attempting to launder the proceeds of crime, or pass off tainted marijuana as medical grade forms of the drug.

negative: addiction healthcare international africa house believes ghanas ban smoking public Reduces growth of tobacco  Less people smoking means less tobacco being purchased – something that would contribute to the reduction in the tobacco industry. The industry is known for its exploitative labour practices, from child labour (80,000 children in Malawi work in tobacco farming, can result in nicotine poisoning – 90% of what is grown is sold to American Big Tobacco 1 ) to extortionate loans. 2 Reducing the size of such an industry can only be a good thing.  1 Palitza, Kristin, “Child labour: tobacco’s smoking gun”, The Guardian, 14 September 2011,   2 Action on Smoking and Health, p3

negative: The aim of sanctions does not have to be to directly affect the individuals doing the hacking, though in some cases this may be possible. Rather the aim is to change the attitude towards regulation and enforcement by the central government and possibly by the people as a whole. If the people of a country believe they are suffering as a result of the hackers in their midst they will be much more likely to demand their government make cracking down on such activities a priority.

negative: People should be allowed to do whatever they want to their own bodies  It is important that we have the liberty to do what we want to our own bodies. People are allowed to eat or drink to their detriment. In many countries it is legal to take one's life. Why then, should people not be allowed to harm themselves through cannabis use? (Assuming that cannabis use is harmful. In most cases, this is highly debatable.)  Smoking cannabis may have effects on others, such as through the effects of passive smoking. However, regulation has been brought in to minimize the effects on others for alcohol and cigarettes, such as bans on smoking in public places, and the same thing could be done for cannabis.

negative: addiction healthcare international africa house believes ghanas ban smoking public Yes, tobacco is harmful – but is it really a benefit to remove economic activity, which people choose to do? Labour abuses occur in other industries – but that’s an argument for increased labour protections and economic development, not economic self-inflicted wounds.

negative: Not all schools have police available to protect them.  All schools and schoolchildren need to be protected yet not all schools are anywhere near a source of protection. Arming some teachers is most urgent in areas police provision is scarce due to diminished funds. Places like Harrold county in Texas have a sheriff’s office situated 17 miles away, and unlike more urban areas they cannot afford to hire district police officers. With the law enforcement officers so far away a lot of children could be killed before there could be any possibility of response from any police of law enforcement agencies. Arming teachers in predominantly rural areas of the USA is therefore a logical and necessary step to protect schools that do not already have dedicated protection. [1]  [1] McKinley, James C., ‘In Texas School, Teachers Carry Books and Guns’, The New York Times, 28 August 2008,

negative: marriage society gender family house would ban arranged marriages eu countries It’s impossible to police such a law.  There is simply no feasible way of enforcing laws against arranged marriages, particularly as it is almost guaranteed that many communities will continue to practice them regardless. It will be impossible to tell whether a marriage has been started by arrangement if the community and the couple are unwilling to go to the police and most will be unwilling to report their own families when practicing a cultural tradition. Those who are deeply dissatisfied and beaten may do so but in this instance the law already allows divorce and abuse is punishable by the full force of the law.  Given that forced marriages have already been outlawed and that it has been established that arranged marriages in themselves cause few provable harms, the resources of any police force would arguably be wasted on enforcing such a law; investigations would be very intrusive and labour intensive.  Furthermore, given the continuation of practices like honour killings, [1] as well as rape and domestic violence, law enforcement personnel would be better placed targeting far more heinous crimes than arranged marriages. A tangible harm could arise from the police being made to direct their energies towards such minor misdemeanours, in that there could be fewer resources available for more serious crimes.  [1] ‘Europe Grapples with “Honour Killings,” DW.de -  (accessed 17 September 2012)

negative: It is reasonable that people have access to information that effects them personally but not information that relates to their neighbours’, employers’, former-partners’ or other citizens who maythose who work for public bodies.  The right to access allows people to see information that affects them personally or where there is reasonable suspicion of harm or nefarious practices. It doesn’t allow them to invade the privacy of other citizens who just happen to work for public bodies or have some other association [i] .  Unless there is reason to suspect corruption, why should law-abiding citizens who sell goods and services to public bodies have the full details of their negotiations made public for their other buyers, who may have got a worse deal, to see? Why should the memo sent by an otherwise competent official on a bad day be made available for her neighbours to read over? A presumption in favour of publication would ensure that all of these things, and others, would be made a reality with the force of law behind them.  This would place additional burdens on government in terms of recruitment and negotiations with private firms – not to mention negotiations with other governments with less transparent systems. Let’s assume for the moment that the British government introduced a system, it is quite easy imagine a sense of “For God’s sake don’t tell the British” spreading around the capitals of the world fairly quickly.  [i] Section 40 0(A) od the FOIA. See also Freedom of Information Act Environmental Information Regulations. When Should Salaries be Disclosed? Information Commissioner’s Office.

negative: Assault weapons are not necessary for self defence or hunting.  As New York Mayor Michael Bloomberg argues "We've got to really question whether military-style weapons with big magazines belong on the streets of America in this day and age.” [1] Police chiefs such as Ralph Godbee of Detroit argue "We're talking about weapons that are made for war… you can shoot 50 to 60 rounds within a minute.” [2] In a self defense scenario the person defending themselves need to have enough ammunition to provide deterrence, however they would have to be unwise to take on several assailants so there should be little need to have more than 10 rounds in the magazine. Law enforcement expert Leonard J. Supenski has testified “because of potential harm to others in the household, passersby, and bystanders, too much firepower is a hazard” as in self defense, the defenders will often fire until they have expended all the bullets in their magazine. To use an assault weapon would to spray an assailant with bullets from an assault weapon would be using disproportionate force that will not only harm the assailant but will likely hit anyone else nearby.  Even those who are against an assault weapons ban such as David Kopel concede that for the most part these are not useful weapons for hunting. These weapons are “intended to wound rather than to kill” so would certainly not be useful in taking down a deer. Moreover he also concedes “a hunter will carry only a few rounds” so the large capacity magazine is also useless for sport. [3]  [1] Simpson, Connor, ‘Dianne Feinstein Wants to Ban Assault Weapons’, the Atlantic Wire, 16 December 2012,   [2] Jackson, Jesse, ‘Police Chiefs Are Right: Ban Assault Weapons’, Huffington Post, 3 August 2012,   [3] Kopel, David B., ‘Rational Basis Analysis of “Assault Weapon” Prohibition’, Journal of Contemporary Law, Vol.20, 1994 pp.381-417, p.393,


query: The DC Handgun ban is inconsistent with other legislation in the U.S.  A change in legislation in DC that is markedly different from everywhere else in the U.S. is harmful. Whilst the constitution might be amended to give a specific change for DC, the rest of the U.S. will still be able to bear arms. The point of the American constitution is that it is meant to give an even field to all citizens under the law. Minor differences between people within different states is acceptable; owing to specific needs of specific states and all state legislation must be proved to be constitutional anyway. This difference is specifically problematic because of the nature of its interactions with both the constitution and the law.  This change is harmful because the state is dependent upon consistency within the law and perception of the law as being a fair mechanism for all people. Large inconsistencies within the law should not be tolerated as such inconsistencies often bring into debate the legitimacy of the state’s legal code. This is problematic as such debates and inconsistencies can lead to confusion about the reach of the law as well as doubt in the legitimacy of the law. The law is dependent upon citizens understanding and subscribing to the legal code, otherwise legal systems might suffer from problems such as people simply not reporting crime to the police owing to their doubt in the legal system and its ability to protect them, or otherwise law abiding citizens from other areas of the country inadvertently breaking the law by bringing guns into D.C.

positive: crime policing law general local government house would ban handguns washington dc Democracy is designed to be a flexible mechanism that can change based on different circumstances and at different times. The American constitution should provide a legal basis for all citizens of the U.S.  However, the reason such a legal basis exists is such that citizens in the U.S. are fairly treated under the law and thus benefit through the stability that such fairness creates.  However, it is also feasible that at certain points, part of the constitution could work out very badly for the state in some areas. This is why a system of amendments to the constitution exists.  As such, it is feasible that the constitution should also be able to deal with transitional periods where certain areas should be allowed different rights under the constitution because each area requires different laws in order to work properly that cannot be created on a state level.  Whilst this might cause some tension, most people in DC, particularly the non-criminals would probably understand the reasons behind a ban on handguns in their area, and indeed did when handguns were initially banned there.13

negative: crime policing law general local government house would ban handguns washington dc The right for Americans to bear arms used to be important for symbolic reasons. However, now such a symbol does not serve to act in the same way that it once did. It was once realistic that American citizens would be able to counteract the monopoly of violence that the state has. However, in this age of modern warfare, such power simply does not exist in any real form any more. Weapons as symbols in this way are just symbolic of the loss of power that the citizens of the U.S. have undergone over time and further are symbolic of a fruitless endeavour in resistance of the state through violent means. The fact that the citizens of America feel the need to resort to violence as a symbol for the ability to stand up to the state harms what the state stands up for now, which is change through peaceful and democratic protest.  Further, even if the right to bear arms was still symbolic in a positive way, the good feeling such a symbol gives simply does not compare to the number of lives lost to things such as gun violence year on year.11

negative: crime policing law general local government house would ban handguns washington dc A handgun ban reduces crime and deaths  Aside from the fact that handguns are uniquely dangerous weapons, when the handgun ban was in place in DC, there was a reported decrease in crime in the area. In 1977 the year immediately following the ban the U.S. Conference of Mayors reported robberies, assaults and homicides using handguns had fallen in DC sharply. Further, in 1991 the University of Maryland published a study in the New England journal of Medicine suggesting the gun ban had saved lives in the decade before 1991, claiming that the ban had prevented 47 deaths in DC per year.5  It is theorised that the handgun ban does this because it makes other police tactics, such as stop and search, significantly more effective. If criminals wish to get the tactical advantage of power that opposition mention then they have to carry hand guns in order to do it. However, it means that if they are caught with a gun they become very easily identifiable and can easily be arrested to prevent harm coming to the populace of large. Specifically, the handgun ban means that the police have a much lower burden required in order to arrest suspects and given that a lot of the time the police have a strong idea of who the criminals are, but simply can’t pin them for arrest, such a tactical advantage helps them get dangerous people off the street.

negative: crime policing law general local government house would ban handguns washington dc Hand Guns Are Required For Self Defence.  Under the status quo handguns are legal. This means that should a criminal initially wish to consider mugging someone he has to consider the possibility that he might be shot should he choose to take this action. A visceral fear of death and injury means that a significant number of criminals will be deterred from engaging in burglaries, violent robberies or muggings if they suspect that they might face armed resistance. As such the presence of handguns within a community contributes to the general deterrence of crime within that community.7  Secondly, should someone try to attack someone else with a handgun, if the other person is armed then they are in a much better position to negotiate with their attacker and prevent harm to either party. Creating a public culture in which handguns are held and used sensibly, and in which firearms training is widely available, allows a parity of power to be created between ordinary citizens and criminals. However, this parity of power is changed in favour of the defender. This is because there are more law abiding citizens than criminals. If the mugger is caught by another citizen then it is possible that citizen will also have a handgun leading to a situation where the mugger will likely be arrested or risk death.8  Finally, the normalisation of handguns in society means that people are less likely to panic should they be attacked by a mugger who has one. Deaths from mugging can often be caused by the victim simply panicking in response to the mugger. Shots are often fired by desperate and unstable assailants who are unprepared for their victim’s reaction. In a society acclimatised to handguns and aware of the risk they present, incidents of this type- fuelled by panic, uncertainty and fear- are much less likely to occur.

negative: crime policing law general local government house would ban handguns washington dc Studies have been conducted on cities where a handgun ban has been implemented. It found that cities such as New York and DC continued to exhibit high rates of crime and proved to be some of the most dangerous cities in the world, regardless of the ban on guns.6  As mentioned, this is because criminal gangs and criminogenic neighbourhoods in these cities have become entrenched. Anyone desperate enough to seek out a handgun- either for use in a crime or as a means of defending themselves in a crime-ridden neighbourhood- is likely to be able to acquire one regardless of the legal control that city councils may attempt to put in place. In the case of stop and search laws, it proves that criminals are adaptable and change their methods based on this lower burden of proof. For example, many gangs opt to keep guns in armouries and only loan them out as and when they are necessary.

negative: crime policing law general local government house would ban handguns washington dc Handguns are uniquely dangerous when compared with other weapons  Handguns are specifically worse than most other weapons. They are weapons which are both concealable and portable. Shotguns and Rifles can easily be identified from a long distance making it easier to avoid those who are carrying them or conversely for the authorities check their motives for carrying arms. Handguns, being ranged weapons (as opposed to knives), prevent people from opting to run away if they are confronted by an attacker and being concealable prevent any attempt at avoiding those carrying them.  Because of these unique capabilities they make excellent weapons for gang members who wish to remain inconspicuous to avoid being searched by the police. Further, they are also uniquely useful for other criminal actors such as drug dealers who need to be able to protect themselves, but also need to appear unassuming for clients.  As such, handguns, where they are freely available, are often used by most criminals for these purposes. Given that handguns are also more likely to cause accidental injuries- as a result of incompetence or recklessness- than a knife, it seems logical that handguns cause a much larger harm to citizens in places where they are freely available.4

negative: national law politics defence warpeace house believes us should ban use cluster Cluster Bombs Are Inconsistent With International Law  The international legal system is dependent on being robust and transparent in order for it to be respected by countries and states that accept it. The refusal by the U.S. to ban cluster bombs prevents the international community from doing the same within international law as the U.S. has enough political power that should it choose to ignore the law, the law itself is considered to be irrelevant.  In failing to ban cluster bombs the U.S. maintains an inconsistency within international law. Since dud cluster bombs effectively act as land mines for all intents and purposes, they are well hidden and cause indiscriminate damage, the fact that they aren’t banned is inconsistent with existing bans on land mines already. This inconsistency within international law makes the international legal system seem less credible, owing to contradictions as well as illustrating its weakness to the influence of the U.S. This makes it more difficult for countries to enforce the rules of the international legal system, such as preventing human rights violations because fewer countries will accept international law as being legitimate and will not agree to subject themselves to those rules.5

negative: There is a very big difference between rewarding people for breaking the law and taking positive action to prevent them being exploited and financially marginalised. The United States’ legal system supposedly exists to protect everyone resident within its borders – not just individuals possessing citizenship. Giving illegal immigrants basic access to very rudimentary things such as the driver’s education does not reward law-breaking or undermine the rule of law. Even if side opposition disagree with granting illegal immigrants any rights, this argument is still defeated by the beneficial consequences of ensuring that a much larger number of drivers have received training on the rules of the road. Under the resolution, America’s highways and cities will generally safer for both pedestrians and other drivers.  On the point of deterrence, there are already very large deterrents to trying to immigrate illegally. The trek is long, dangerous and controlled by violent groups on either side of the border. Bandits and people smugglers engage in robberies and people trafficking on the Mexican side; extremist groups such as the minutemen attempt to assault or shoot immigrants in transit from the American side. Not being able to get a driver’s license once here is not in any way a deterrent that holds any weight when put in context.  Being able to drive is a necessary skill in the US, where under-investment in public transport infrastructure has led to workers developing a dependence on private transport. The weak bargaining position of an immigrant seeking work would be completely undermined if she were unwilling to drive for or to her job. Even the most risk averse migrant labourer accepts that the possibility of being caught driving without a licence is a risk that they have no choice but to take.

negative: As criminals and terrorists adapt to modern times, so should the law. If the principles of law are responsible for a failure to act which ultimately leads to criminals walking free and crimes being repeatedly committed, then the law has failed to serve the society it was built for [1] . The principles of law are meant to uphold justice [2] , but in this case they become an obstacle to it. Considering that the law in countries like Britain has already acknowledged intercept evidence as a tool in specific cases [3] , it cannot oppose the underlying principle of intercept evidence – rather, the practicalities. This undermines the opposition’s argument that intercept evidence is fundamentally out of joint with legal practice. Problematic practicalities will be better regulated [4] [5] and monitored if this motion is granted, but until then we risk allowing crime to go unhindered because of an imaginary obligation to the past.  [1]  , accessed 30/08/11  [2]  , accessed 30/08/11  [3]  ,, accessed 30/08/11  [4] Regulations in American states:  , accessed 30/08/11  [5] Regulation of wiretapping in Australia:  , accessed 30/08/11

negative: It is incoherent to ban some guns  It is incoherent to attempt to ban assault weapons while allowing other weapons to remain on the streets. As professor Jacobs from New York University argues “Pistols are dangerous because they are easily carried and concealed; shotguns because they spray metal projectiles over a wide area; certain hunting rifles because they fire large calibre bullets, and certain "sniper rifles" because they are accurate over great distances. Assault rifles are not remarkable by any of these criteria.” [1] Indeed the previous ban simply used a list of guns that were banned rather than a specific definition that could then be applied universally showing the difficulty of classifying these weapons. [2] It should also be remembered that this will not affect assault weapons that are already legal in the United States so this would not even be banning all assault weapons so would leave millions in private hands, while it might be argued there is some slight difference between an assault weapon and another gun there is certainly no difference betweena a new and an old assault weapon.  [1] Kopel, David B., ‘Rational Basis Analysis of “Assault Weapon” Prohibition’, Journal of Contemporary Law, Vol.20, 1994 pp.381-417, p.404,   [2] Kobayashi, Bruce H., and Olson, Joseph E., ‘In Re 101 California Street: A legal and economic analysis of strict liability for the manufacture and sale of “assault weapons”’, Stanford Law and Policy Review, vol.8 No.1, 1997,

negative: Laws change attitudes. Many times laws are the first step towards more approval of a certain new societal value and even lead the step to a quicker mentality change.  This was seen with the legalizing of gay marriages in many countries, among them also in some states in the US. In 2010 the approval among US citizens reached more than half of the population, which is a drastic improve from the past. [1] In the beginning there was very little approval of the policy and same-sex marriages in general, an open discussion about the law, the first actual practical implications of the law and consequences have over time gained more acceptances in most Western countries towards gay marriage.  The same principle will apply to an alcohol ban. While in the beginning there will probably be a lot of protest, there will probably also be a change of mentality later on.  [1] Gallup, Americans acceptance of gay relations crosses 50 %  , accessed 08/13/2011

negative: States should form their own migration policy, because the U.N. Convention violates state sovereignty.  Every state has different issues and problems related to migration. There is no monolithic economic and social crisis facing migrants around the globe. It is inappropriate, therefore, to call for all nations to ratify a piece of one-size-fits-all legislation, like the U.N. Convention. Instead, immigration policy and migrant rights need to be approached on a case-by-case, nation-by-nation basis.  The U.N. Convention would violate state sovereignty. Not all international law is necessarily bad, but these protections go too far, because they force a huge burden on certain nations, and not others. It is fair for an international body to say that all nations should treat their citizens with equality and respect, but it is not fair to say that certain countries should have to provide for many additional citizens from less-well-off states. It is not surprising that only source countries have ratified the Convention thus far; that is because those are the countries that would benefit from the changes, at the expense of those countries that are still holding out.

negative: While it is true that blasphemy laws could be open to misuse, this is also true of many other laws that are currently overseen by the state. Liberal democratic legal systems operate safeguards to ensure that laws cannot be abused or used for purposes at odds with fundamental democratic freedoms. On the whole the majority of countries around the world are fair and liberal place that maintain strict separation of judicial, legislative and executive competence. Their courts are capable of recognising vexatious claims and ensuring equality-of-arms between the state and defendants through mechanisms such as legal aid.  In totalitarian nations such as those described by the opposition if blasphemy laws did not exist, authoritarian states would simply find different ways in which to censor that which it deems unfit. In China where religious freedom is severely curtailed, free speech remains subject to significant limitations. It is misleading, then, to associate the intrinsic failings of a political system with a law that might attract opportunistic litigants. On the whole blasphemy law in liberal nations would be handled in a fair judicial manner.

negative: Makes the affected laws effectively inoperable in their totality.  If people wish to carry knives in public or smoke marijuana, the rational thing for them to do under this legislation is to falsely claim to be Sikh or Rastafarian respectively so that they are not subject to these laws. This logic applies to all laws affected by this legislation.  The government would first have to work out what religions count for this legislation, the government would likely want to exclude at least some extremist cults and would not want to allow individuals or small to make up their own religions. Equally problematic would be that the government would need to regulate what all these beliefs are so as to prevent new beliefs from springing up to get around laws. The government would then have to work out ways of working out if someone is legitimately part of a religion or not, this would be practically impossible. The ultimate effect would be that all laws affected by this legislation would be so easy to get around that they may as well not exist.  Instead the government should look to accommodate religious values within British law by making the necessary changes in specific instances rather that introducing a carte blanche to override the laws of the land. [1]  [1] Petre, Jonathan et al, ‘Bishop: Impossible to have sharia law in UK’, The Telegraph, 8 February 2008,

negative: The police should not be reacting in such a way that they exacerbate those problems. By routinely arming its police officers, the state effectively legitimizes the weapon as a symbol of authority. Whether or not this is pragmatic, it is an implied affirmation of the criminal sub-culture, which will accordingly be strengthened.  The argument about a rapid increase in gun crime in the UK depends upon a very limited and selective use of crime data. Recorded gun crime did indeed rise by close to 105% between 1998 (when handguns were banned in the UK after the Dunblane tragedy) and 2003, but a large proportion of that increase is attributable to air weapon misuse and non-firing replica weapons. [1] Since then the increase has largely stabilised and even fallen. A temporary trend, now brought under control, is not necessarily a strong argument for changing, for ever, the nature and character of British policing.  By this policy—especially in the absence of a Constitutional right for citizens to bear arms—the role of the police is essentially defined in opposition to at least part of the citizenry. This can be contrasted to the more common expectation that police and citizens operate under essentially common rules, for shared values and that policing is undertaken in a spirit of the minimum use of force and by ‘public consent’.  [1] Squires, P. 2008 Gun Crime: a Review of Evidence and Policy, Centre for Crime and Justice Studies

negative: Decriminalisation will protect practitioners of sadomasochism  The criminalisation of S&M removes legal protection from individuals who suffer an abuse of consent while submitting to sadistic practices. Where a dominant partner ignores safe words or pushes a session too far, the criminal status of S&M may lead to a victim being prosecuted alongside a perpetrator. Alternately, victims may be disincentivised from approaching the police altogether.  Although it is not possible to be prosecuted for being the victim of a crime, individuals who are harmed during sadomasochistic sex many not be able to engage in a rational assessment of their own criminal liability. Even though laws against sadomasochistic acts pin liability only on the sadistic partner, they also serve to criminalize the act itself. Victims of abuses of consent may therefore become wary of informing the police that they have participated in such activity, for fear that they will be publicly stigmatized or subjected to police investigation themselves.  The only time S&M can be problematic is when someone does not listen to their partner when they withdraw their consent and ask for the session to end. Individuals will not stop engaging in S&M simply because the state says so, but victims of over-aggressive partners will lose recourse or protection under the law if they try to approach the police about such an incident. Where an S&M session goes awry, victims of an abuse of consent will have to admit to engaging in a criminal act. In the same way prostitutes have no real protection from assault and rape due to the criminality of their acts, victims of assault and rape in S&M are no longer protected.  The opposition may attempt to claim that there will be a clear distinction between a sadistic “criminal” and a submissive “victim” whenever a complaint is raised. This is not true. Many sadomasochistic relationships are based around fluctuating and interchangeable roles. Both partners may engage in sadistic acts at different times.

negative: Of course a ban will not completely eliminate these weapons but it would reduce the supply and make it much easier for the police to seize the weapons so taking them off the streets. It would also be a step in the right direction in attempting to change public perceptions and amend the American attitude. It is understated just how relaxed American laws are in comparison to the rest of the world, even states such as Switzerland and Israel that are often highlighted by the NRA as being model states that allow gun ownership with few resulting shootings are much more restrictive than the USA. [1]  There is no reason to think that a black market is somehow going to result in more of these weapons being available so the fact that it will exist after a ban is not a reason not to go ahead with the ban. It is not ideal that a ban is not retroactive so leaving a large number of such guns in private hands but this number will slowly diminish over time rather than continuing to rise as it would under the status quo.  [1] Rosenbaum, Janet, ‘A League of Our Own’, Foreign Policy, 19 December 2012,

negative: It is clear that the population has high demands and high expectations from the government, but that is because it should do. It is clear that every time the state fails to protect us, every time it breaks the law and every time it violates our constitutional rights, the state needs to be held to account. But that doesn’t mean the state’s job is impossible and unfeasible simply that it needs to learn and improve from its mistakes, and the only way this will happen is if it is open and transparent about its systems.  In addition, crime has fallen in the western world, governments can and do both protect the civilians and respect their rights at the same time. Such a system requires warrants and check and balances on government. The population may sway in terms of its demands but this is mostly driven by events; when there is a large terrorist attack there is a response, when government goes too far again the people will respond. This ensures that the government strikes the right balance.

negative: The mandate is not constitutional under the commerce clause  Many attorneys general have fought constitutionality of mandates. Since the passage of the legislation in March of 2010, many state governments, governors, and attorney generals have pressed forward with lawsuits centred on the idea that the individual mandate in the legislation is unconstitutional.(7) Underlying these legal challenges is a debate about the basis of the national Congress’s lawmaking powers. In order for laws passed by Congress to be considered legitimate and enforceable, those laws must be based on a power conferred on congress by the Constitution. On those areas of law and public life where the Constitution is silent, legislative power rests not in the hands of Congress, but rather is “reserved to the States respectively, or to the people.”(9)  It has been argued that the individual healthcare mandate is authorised by the Constitution's empowerment of Congress to “regulate interstate commerce” (known as the “commerce clause”), however this is not true and the commerce clause does not authorize health insurance mandates. As the Congressional Research Service has written: "Despite the breadth of powers that have been exercised under the Commerce Clause, it is unclear whether the clause would provide a solid constitutional foundation for legislation containing a requirement to have health insurance. Whether such a requirement would be constitutional under the Commerce Clause is perhaps the most challenging question posed by such a proposal, as it is a novel issue whether Congress may use this clause to require an individual to purchase a good or a service.”(2) The most obvious reason for this is that an omission to buy health insurance can in no way be termed 'interstate commerce', as there is no activity or commerce going on. This is not in keeping with the commerce clause, unlike other previous federal healthcare laws.  There is no doubt that Congress can regulate an entire array of economic activities, large and small, inter- and intra-state. Thus, for example, there is no problem, Constitution-wise with having Congress regulate health care insurance purchase transactions. The problem with an individual insurance purchase mandate, however, is that it does not regulate any transactions at all; it regulates human beings, simply because they exist, and orders them to engage in certain types of economic transactions.(8)  While most health care insurers and health care providers may engage in interstate commerce and may be regulated accordingly under the Commerce Clause, it is a different matter to find a basis for imposing Commerce Clause related regulation on an individual citizen who chooses not to undertake a commercial transaction. The decision not to engage in affirmative conduct is arguably distinguishable from cases in which Commerce Clause regulatory authority was recognized over intra-state activity: growing wheat, for example, (Wickard v. Filmore) or, more recently, growing marijuana (Gonzales v. Raich).(6)  If Congress were to invoke its Commerce Clause authority to support legislation mandating individual health insurance coverage, such an action would have to contend with recent Supreme Court precedent limiting unfettered use of Commerce Clause authority to police individual behaviour that does not constitute interstate commerce: United States v. Lopez, invalidating the application of the Gun Free School Zones Act of 1990 to individuals, and United States v. Morrison, invalidating certain portions of the Violence Against Women Act.  In the case of a mandate to purchase health insurance or face a tax or penalty, Congress would have to explain how not doing something – not buying insurance and not seeking health care services – implicated interstate commerce.(6) Therefore, it is clear that Congress is not empowered to regulate the choice not to buy healthcare, as it lacks constitutional authorisation to interfere in this aspect of individual Americans’ private lives.

negative: international law philosophy political philosophy politics government house believes Many minorities live in states where international human rights law is applied inconsistently or indeed not at all. It may not make a life-changing difference to a French-speaking Belgian which side of the France – Belgium border they happen to be born, but to a Palestinian in the West Bank or a Tamil in Sri Lanka, their right to self-determination is absolutely crucial, because other rights may well be denied to them through direct or indirect state discrimination.  It is relatively easy for states to explain away individual human rights breaches, since these occur in all nations from time to time. It is much harder for them to justify denying an entire people their right to determine their own futures.

negative: national law politics defence warpeace house believes us should ban use cluster The international legal system already has many grey areas and often things that should be banned are not because of objections by certain countries despite their similarities to other items that are banned. A change regarding cluster bombs is not realistically going to make more people accept the international legal system.  Further, according to the exact wording of the 1997 ban on land mines, the ban exists for those items that exist to “Primarily” act as land mines. Cluster bombs act as landmines as a secondary effect and are not intended to do so. As such, it would be more inconsistent under the law to accept cluster bombs as landmines than it would be to ban them.5

negative: The problem with this approach is twofold; firstly it means that because of an implicit threat of force the majority have had their rights subordinated to the preferences of a minority. Regardless of the context of how this happens, this kind of precedent is always the first step on the road to tyranny. Secondly it is a recipe for social stagnation; if the state acts to prevent anyone from encountering views that they disagree with or might find disturbing then their view will never change and the state will find itself forever trapped in a paradigm of conflict and stagnation.

negative: Arming police is not mutually exclusive with other policies that could deal with the whole spectrum of crime-related issues. This debate is not suggesting that other issues related to crime will not be dealt with. Rather that in order to facilitate a reduction in crime the criminal justice system will be served by police who are armed. It is untrue to suggest that simply because the police are armed, other integral parts of crime reduction will be ignored.

negative: The state should refrain from imposing bans  In Western liberal democracies, we generally consider an individual’s private sphere to be worth protecting. We only give the state license to violate it when something is objectively largely harmful to that person or to society. When something is not very clearly harmful we let people make their own decisions because the state is not infallible in its judgements about what lifestyles are better than others.  Therefore, simply saying that there is a risk that printers will be misused is not sufficient grounds for banning them altogether. If technology makes it easier for people to do what they want, this is a good thing; if people then want to do things that we consider harmful this is a problem in itself. The solution is not to ban an entire means of production in order to stop a minority from producing dangerous things, but to educate people about the risks so they can freely make better decisions. Making it harder for people to do bad things is useless, furthermore, since those that wish to purchase a gun or take drugs can already find ways of doing so without 3D printers. One may even argue that it is better for everybody to have access to a gun, for example, and not only those who are willing to break the law to get one.

negative: Blasphemy laws are unlikely to promote social harmony as readily as the proposition side claims they will. Accusations of blasphemy can enflame tensions between antagonistic groups. Telling people they no longer have recourse to words to voice their disagreements and discontentment might push them to resort to violence instead. Communities with diverging beliefs are unlikely to engage in discussion and negotiation if statements aimed at promoting peace can easily be used to launch expensive libel prosecutions. Exchanges and debates between different communities will not take place if participants fear that they might be arrested if an audience member choses to take offence at their words.  Anti-blasphemy laws would undoubtedly control group violence of the sort that followed the publication of the “Mohammed cartoons”. But they would also spur further social division, and deepen misunderstandings about religion. Anti-blasphemy laws would remove debate on religion from the public sphere and leave both bigots and zealots to propagate their distorted interpretations of religious belief unchallenged in private. To the case more simply, debate and discussion on the nature of religion and the nature of the sacred will always occur. Even if the proposition side successfully extend hate speech laws to encompass blasphemy, they will not be able to prevent private discussion these concepts without abolishing democracy wholesale and advocating the creation of a surveillance state. A blasphemy law would only serve to prevent groups with differing ideas from being brought together to engage in debate and conversation. Contact between groups would cease, because of concerns that allegations of blasphemy might lead, at the very least, to unwelcome and intrusive police and prosecutorial investigations. But discussion of controversial ideas about other faiths would continue. In the absence of dissenting voices, closed and concealed dialog would be vulnerable to manipulation and inaccuracies.  While words can be powerful it is preferable to allow people to speak freely, even if what is said is not always constructive. The alternative is to make the courts and justice system complicit in creating a culture of victimhood and vexatious litigation.  Debate is also likely to suffer under this mechanism. By allowing a group that has been the target of a religious slur to feel victimised and justified in deploying the force of law against their opponents, we disincentivise these same religions from engaging with blasphemers and offering clear and robust justifications for the offence they feel.  The argument that blasphemy laws would bring different parts of society together is nonsense; firstly such laws tend to favour the largest religion in a society which would be to the detriment of minorities but also just because certain discourse is blocked does not mean that individuals will inherently become more educated about other cultures and beliefs. This is the case for example in Pakistan where minorities are rarely protected by blasphemy laws and are often persecuted by it, buts being a member of the Ahmadi sect is synonymous with being blasphemous to Islam and without having to prove intent the law is therefore used to persecute them and other minorities. (Mehmood, ‘Pakistan blasphemy laws retake center stage’, 2011)

negative: onal americas politics government house wants line item veto amendment The constitution should not be amended  We should always be cautious of altering the United States’ Constitution. Once an amendment is passed, it is extremely hard to overturn, even if its consequences are clearly negative (as the experience of constitutionally-mandated prohibition of alcohol should make clear). It would be both difficult and unnecessary. There are problems of wording and interpretation. The 1996 Act covered 22 pages and went into great detail to define the extent and limits of Presidential authority under the legislation, including the exact meanings of “single item of appropriation”, ''direct spending'' and ''limited tax benefit'', as well as the means by which Congress could override his decisions.1 It is hard to believe that a one-paragraph amendment to the Constitution could achieve such precision, opening the budgetary process up to confusion, shifting interpretation and constant legal challenge. It is also unnecessary. Supreme Court Justice Antonin Scalia argues "The short of the matter is this: Had the Line Item Veto Act authorized the president to 'decline to spend' any item of spending ... there is not the slightest doubt that authorization would have been constitutional… What the Line Item Veto Act does instead -- authorizing the president to 'cancel' an item of spending -- is technically different."2 Thus the act could simply have been worded differently in order to make it constitutional. This would not change the substance of the ability of the ‘veto’ to cut spending.  1 One hundred fourth Congress of the United States of America at the second session, “Line Item Veto Act”, 3/1/1996, The Library of Congress, accessed 6/5/11  2 Supreme Court Justice Scalia quoted in Michael Kirkland, ‘Under the U.S. Supreme Court: Like the South, will line item veto rise again?’, upi.com, 17/4/11 accessed 6/5/11  improve this  COUNTERPOINT  "I do not take these matters lightly in amending the Constitution. However, I am convinced in this case it is the only way to provide the President with the same authority that 44 Governors already have to influence spending."1It would in general be preferable to make such a change through normal legislation, but that was attempted in 1996 and found unconstitutional. Supreme Court Justice Stevens in his majority opinion for the Supreme Court argued that it was necessary for there to be an amendment to make it constitutional, "If there is to be a new procedure in which the president will play a different role in determining the text of what may "become a law", such change must come not by legislation but through the amendment procedures set forth in Article V of the Constitution."2  1 Item veto constitutional amendment hearing before the subcommittee on the constitution of the Committee on the Judiciary House of Representatives, 23/3/00, accessed 5/5/11  2 Clinton, President of the United States, et al. v. City of New York et al. No.97-1374, United States Supreme Court, 1998,accessed 5/5/11  improve this  APPENDIX

negative: A national primary would disenfranchise large portions of the country, as candidates would be forced to court the support of only the most populous states as they currently do in the general election. At least with the primary system as it stands, candidates have to pay attention to all of the states and all sections within the party.  Staggered primaries create a relationship of interdependence between the nomination campaigns that are run in various states. A poor showing in one state can undermine a candidate’s attempts to make gains in the following state. American political culture is much more fragmentary and heterogonous than European conceptions of the Union might lead us to believe. Each state is sufficiently large that what may seem to be a parochial “local” issue within the context of the entire Union may be of vital importance to a particular state’s voters. The protection and promotion of the politically and cultural plural nature of the states of the Union is a key aspect of the American democratic ideal. It is appropriate, therefore, that blunders in one state’s primary campaign should be open to analysis by the citizens of other states. If a president does not have a commanding understanding of the issues affecting one state, he may be unable to make effective decisions on the rights and affairs of other states.  It is also worth noting that a single national primary would also be likely to disenfranchise those who do not closely and continuously involve themselves in the political process. Staggered primaries lead major national news services to focus on the local-level issues that may affect turnout and voting in individual states. Staggered primaries allows for reflection on these regional issues. Coverage of this type brings local controversies onto the national stage and fosters cohesion and understanding between the constituent states of one of the largest federal republics in the world. However, a one off election would just deliver national totals and even where this is broken down on a state-by-state basis, there will be much less of an understanding of why certain states supported certain candidates. Only political obsessives will are likely to expend time and effort contextualising and understanding this data; the majority of the population will be less informed than under the status quo.

negative: The ICC infringes upon national sovereignty by inherently implying that there is a higher court nations must answer to.  The ICC forces nations to accept that there is a binding power that overrides national law, undermining the government. John Bolton, former US ambassador to the United Nations, explains: "The ICC's failing stems from its purported authority to operate outside (and on a plane superior to) the U.S. Constitution, and thereby to inhibit the full constitutional autonomy of all three branches of the U.S. government, and indeed, of all states party to the statute. ICC advocates rarely assert publicly that this result is central to their stated goals, but it must be for the court and prosecutor to be completely effective."1 More specifically, Article 12 of the Rome Statute entails that the ICC's jurisdiction applies to all individuals, even of states that have not ratified the treaty. Governments cannot unconditionally bind its citizens to laws that are inflexible and contrary to the idea of sovereignty.2  1 Bolton, John. "The Risks and Weaknesses of the International Criminal Court from America's Perspective." Law and Contemporary Problems, Vol. 64 No. 1, Winter 2001, 167-180.

negative: A modern liberal state’s duty is to pursue policies and promote values that will have a real and lasting impact on its citizen’s lives. The resolution is such a policy. The opposition’s argument has been tried and failed; in the US, ‘increasing punitive measures have failed to reduce criminal recidivism and instead have led to a rapidly growing correctional system that has strained government budgets’ [i] .  Pandering to populist thinking in the name of maintaining confidence in a particular government is a short-term strategy. It is an approach designed to win elections rather than bring about social change. The most effective way for a government to fulfil its obligation to protect its citizens is to reduce deviance effectively and efficiently, even if that change has to come at the expense of political capital.  The penal system operating under the status quo brutalises individuals and entrenches criminality in communities in the name of law and order.  [i] Andrews, D.A. & Bonta, J., “Rehabilitating Criminal Justice and Policy” in Psychology, Public Policy and Law (2010, Vol. 16, No.1). Page 39

negative: The right to privacy counterbalances the state's obligation to ban sadomasochistic sex  y the proposition, those who want to engage in violent sexual activities will do so, irrespective of laws to the contrary. Without undermining core liberal concepts of privacy and freedom of association, the state will be unable to regulate private sexual interaction. This being the case, when is violent activity most likely to be detected and prosecuted under the status quo? When such acts become too visible, too public or too risky. When the bonds of trust and consent that (as the proposition has agreed) are so vital to a sadomasochistic relationship break down.  Liberal principles of privacy and autonomy allow individuals to engage in consensual activities that may fall outside established boundaries of social acceptance. In this way individual liberty is satisfied, while the risk of others being exposed to harmful externalities is limited. In the words of the anthropologist and lawyer Sally Falk-Moore, “the law can only ever be a piecemeal intervention in the life of society” [i] .  The prosecution of a large and organized community of sadomasochistic homosexual men in the English criminal case of R v Brown was in part motivated by the distribution of video footage of their activities [ii] . Doubts were also raised at trial as to whether or not some of the relationships within the group were entirely free of coercion. Their activities had become too public, and the bond of consent between the sadistic and masochistic partners too attenuated for the group to remain concealed.  Individuals break the law, in minor and significant ways, all the time. Due to the legal protection of private life, due to an absence of coercion, due to a consensual relationship between a “perpetrator” and a “victim”, such breaches go entirely undetected. The general right to privacy balances out the obligation placed on the state to ensure that individuals who encounter abuse and exploitation within sadomasochistic relationships can be protected.  The protection afforded by privacy incentivizes individuals engaged in S&M activities to ensure that they follow the highest standards of safety and caution. Arguably, where “victims” have consented to being injured, but have then been forced to seek medical treatment due to their partner’s incompetence or lack of restraint, complaints to the police by doctors and nurses have helped to identify and halt reckless, negligent or dangerous sadomasochistic behavior.  Correctly and safely conducted, a sadomasochistic relationship need never enter the public domain, and need never be at risk of prosecution. However, without the existence of legal sanctions the state will have no power to intervene in high-risk or coercive S&M partnerships.  [i] “Comparative Law in a Global Context: The Legal Systems of Asia and Africa”, Werner Menski, Cambridge University Press, 2006  [ii] Annette Houlihan, ‘When “No” means “Yes” and “Yes” means Harm: Gender, Sexuality and Sadomasochism Criminality’ (2011) 20 Tulane Journal of Law & Sexuality: A Review of Lesbian, Gay, Bisexual, and Transgender Legal Issues 31

negative: living difference house would ban music containing lyrics glorify A ban will be ineffective  A new legal prohibition on any type of behaviour or conduct can only be set up by investing large amounts of political capital in order to transform vague proposals into a legislative document and then into a fully-fledged law. This expense can only be justified if the ban is effective – if it is seen as a legitimate use of a state’s power; is enforceable; and if it brings about some form of beneficial social change. The change being sought in this instance is a reduction in the violence, criminality and social disaffection that some people associate with hip hop music and its fans.  Laws do not create changes in behaviour simply because they are laws. It is unlikely that the consumers of hip hop will refrain from listening to it. The ease with which music can be distributed and performed means that any ban on violent songs will, inevitably, be ineffective. File sharing networks and cross border online stores such as eBay and Silk Road already enable people to obtain media and controlled goods with little more than a credit card and a forwarding address. The total value of all of the music illegally pirated during 2007 is estimated to be $12.5 billion. The same network of file sharing systems and data repositories would be used to distribute banned music if proposition’s policies became law.  Current urban music genres are already defined and supported by grassroots musicians who specialise in assembling tracks using minimal resources before sharing them among friends or broadcasting them on short-range pirate radio stations. Just as the internet contains a resilient, ready-made distribution network for music, urban communities contain large numbers of ambitious, talented amateur artists who will step into fill the void created by large record company’s withdrawal from controversial or prohibited genres.  Although a formal ban on the distribution of music has yet to happen within a western liberal democracy, similar laws have been created to restrict access to violent videogames. Following widespread reports of the damaging effects that exposure to violent videogames might have on children, Australia banned outright the publication of a succession of violent and action-oriented titles. However, in several instances, implementation of this ban led only to increased piracy of prohibited games through file sharing networks and attempts by publishing companies to circumvent the ban using websites based in jurisdictions outside Australia. Similar behaviour is likely to result in other liberal democracies following any ban on music with violent lyrics.  If banned, controversial music will move from the managed, regulated space occupied by record companies and distributors- where business entities and artists’ agents can engage in structured, transparent debate with classification bodies- to the partly hidden and unregulated space of the internet. As a consequence it will be much more difficult to detect genuinely dangerous material, and much harder for artists who do not trade in violent clichés to win fans and recognition.  As discussed in principle 10, effective control and classification of controversial material can only be achieved if it is discussed with a high specificity and a nuanced understanding of the shared standards that it might offend. This would not be possible under a policy that effectively surrenders control of the content of music to the internet.

negative: There is a rational basis for banning assault weapons as they are a firearm of choice among criminals. In a study of young adult purchases of handguns in California buyers with minor criminal histories were twice as likely to purchase automatic pistols as those with no criminal history. This was even higher at five times as likely for those who had been charged with two or more serious violent offenses. [1] This means those purchasing assault weapons intend for them to be used for violent ends.  It is true that assault weapons are used in a small percentage of crimes, although 1% is disputable in Miami for example 15 out of 79 homicides in 2006 involved assault weapons, [2] but the opposition ignore that large capacity magazines are used in a much higher percentage of crimes; between 14 and 26% before the 1994 ban. [3]  [1] Koper, Christopher S., et al., ‘An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003’, Report to the National Institute of Justice, United States Department of Justice, June 2004, p.17   [2] Associated Press, ‘Assault-weapon attacks on rise in Miami area’, MSNBC, 14 September 2007,   [3] Koper, Christopher S., et al., ‘An Updated Assessment of the Federal Assault Weapons Ban: Impacts on Gun Markets and Gun Violence, 1994-2003’, Report to the National Institute of Justice, United States Department of Justice, June 2004, p.18

negative: Practical considerations should not influence the legislation of an issue of principle.  Many laws have difficulties pertaining to implementation, but these do not diminish the strength of the principle behind them: people will kill other people, regardless of your legislating against it, but it does not follow that you shouldn't legislate against it. Even though the Netherlands had more liberal drugs' laws than in England, this did not lead, and nor should it have led, to a similar liberalization here.  As far as underground abortions are concerned, the problem is one of the implementation of the law. If the law were properly enforced, underground abortions would not be offered in the first place.