БЕЛОРУССКИЙ ГОСУДАРСТВЕННЫЙ УНИВЕРСИТЕТ LEGAL DEBATING Дебаты на правовые темы Рекомендовано Учебно-методическим объединением по гуманитарному образованию в качестве учебно-методического пособия для студентов, обучающихся по специальностям 1-24 01 02 «Правоведение», 1-24 01 03 «Экономическое право» (направление специальности 1-23 01 06-01 «Политология (политико-юридическая деятельность)») МИНСК БГУ 2016 УДК 811.111̓276.6:34(075.8) Состави тел и: З. в. полиенко, а. И. Долгорукова, т. а. Катомахина, н. в. Лихачева, И. н. Шпаковская, Л. н. рогова Под общей редакцией О. И. Васючковой Рецензен т ы: кандидат педагогических наук, профессор И. М. Андреасян; кандидат филологических наук, доцент И. Г. Шалимо Дебаты на правовые темы = Legal Debating [Электронный ресурс] : учеб.-метод. пособие / сост. : З. В. Полиенко [и др.] ; под общ. ред. О. И. Васючковой. – Минск : БГУ, 2016. ISBN 978-985-566-260-1. Учебно-методическое пособие направлено на развитие речевых умений будущих юристов с помощью учебных дебатов на актуальные правовые темы современного общества, в ходе которых необходимо аргументирован- но отстоять свою точку зрения, что способствует моделированию реальных ситуаций делового общения. Представленный аутентичный материал создает культурологический фон для сравнения специфики обсуждаемых явлений, учитывая национальные особенности стран изучаемого языка. УДК 811.111̓276.6:34(075.8) ISBN 978-985-566-260-1 © БГУ, 2016 2 CONTENTS INTRODUCTION .......................................................................................................4 POLICE BODY CAMERAS: URGENT NECESSITY OR RECOGNITION OF PROCESS IMPROVEMENT? ..............................................................................7 BOOT CAMPS FOR YOUNG CRIMINALS: A CRUEL OR A GOOD IDEA TO SOLVE THE PROBLEM OF INCREASING JUVENILE DELINQUENCY? ....10 SHOULD JUVENILES BE TRIED AS ADULTS? ..................................................13 JUVENILES AND THE DEATH PENALTY: DOES NOT A JUVENILE HAVE A CONSTITUTIONAL RIGHT TO HOPE? ...........................................19 PRISONS OR SOME VALID ALTERNATIVE? .....................................................22 IS IT A DUTY OF “ALL ROAD USERS” TO BE TAXED? ...................................25 TRIAL BY JURY: TO BE OR NOT TO BE? ............................................................28 SHOULD VOTING BE COMPULSORY? ................................................................31 INTERNET CENSORSHIP: WHAT MIGHT IT LEAD TO? ..................................35 INTERNET PIRACY: A MODERN APPROACH TO A MODERN PROBLEM ......39 TO LEGALIZE THE MARIJUANA TRADE: PROS AND CONS .........................43 STOP IT BEFORE IT IS TOO LATE. ......................................................................47 EUTHANASIA OR MERCY KILLING? .................................................................53 GAMBLING: PROS AND CONS. ............................................................................57 ILLEGAL IMMIGRATION: WHAT KIND OF PROBLEMS CAN IT CAUSE? ......61 EARLY MARRIAGES: PROS AND CONS .............................................................65 CHILDFREE FAMILIES ..........................................................................................68 SURROGATE MOTHERHOOD: PROS AND CONS .............................................72 JAIL FOR THE HUSBANDS WHO “CONTROL” THEIR WIVES .......................75 NUCLEAR POWER: IS IT A GREEN TECHNOLOGY OR A POTENTIAL THREAT TO INTERCEPTION TO TERRORISM? ..........................................80 TESTING ON ANIMALS: TO BE BANNED OR TO BE PERMITTED? ..............83 SALE OF HUMAN ORGANS FOR TRANSPLANT SURGERY: TO LEGALIZE OR TO BAN? ............................................................................86 DOPING IN SPORT: SHOULD IT BE PROSECUTED OR LEGALIZED? ............89 AIRPORT BODY SCANNERS: NECESSARY PRECAUTION OR INVASION OF PRIVACY? ..........................................................................92 CONTROVERSY OF GUN CONTROL ...................................................................95 WHAT ARE THE LIMITS OF SELF-DEFENCE? ..................................................98 3 INTRODUCTION The textbook is tailored for creating a stimulating English-speaking environment for law students to debate topical issues of modern life. Structurally the textbook is arranged in 26 topic-related units the content of which corresponds to the English language course for non-linguistic universities. Some topics overlap from unit to unit which gives the students a sense of thematic continuity. Most of the texts are authentic and come from a variety of sources. They inform, instruct, convince, advise, shock and amuse. Some of the texts have been slightly modified and kept deliberately short. All the texts are not designed to develop specific reading skills. The texts are preceded by questions on the topic. They are advised not to be treated as comprehension questions but as a springboard to debate. Students divided at random into small groups are asked to discuss these questions and introduce their answers to the group. Let them float around the questions and bring in their own ideas. Nevertheless, students should obviously understand most of what they read. So, the words and word combinations preceding the text will help students to understand essential parts of the texts. The material of the textbook covers a wide spectrum of language proficiency levels. You may find that some tasks may be too difficult for your class. But this should not, however, mean that you cannot proceed with the debate, since the debate questions before the text do not presuppose their prior reading. Select and adapt the tasks to suit your students’ needs. Use the book both for back- up material to your course book, or independently as the basis for an optional conversation course. Tasks vary in length depending on your students’ level and interest in the topic. Do not proceed with a debate that leads nowhere. However, it is important that students feel they have completed the task on time and have been linguistically and logically productive in the process. Obviously, most of the debate tasks work best in small groups. You should not interrupt your students while they talk, unless you notice them repeatedly make the same mistakes, just note down their mistakes to be later analyzed. In any case, before embarking on any task you should anticipate any vocabulary and grammar problems the students are likely to face, and revise them beforehand if necessary. With more reticent groups you may need to drill or feed them with relevant structures useful for the specific debate task. Express-debates, mini-debates and debates as a kind of work at any text are considered to be very productive. Express-debates need minimum of time for preparation and like debates as a kind of work at any text are based on textbook material. Mini-debates (or “face to face”) give the right to every participant to 4 ask the opponent two questions. Any general topic is chosen as a lesson topic. It includes some mini-problems which are discussed by a pair of competitive speakers (each of them can speak for 2 minutes), then they ask each other two questions. The teachers are grateful to the students who came up with some really good ideas and suggested the topics relevant to students’ lives. HOW TO DEBATE A debate as a polemical dialogue is considered to be the most effective method of speaking skills development and should follow the set of definite rules to reach the aim to persuade the third participant. It is typical of a debate to be competitive and to fix roles of communicators. The aim of a debate is to search for arguments defending your position and demonstrating weak validities of the opposite one. There should be two teams to take part in debates: Affirmative and Negative. Time-Keeper is to watch over time limit of all the participants. He/she shows Speakers how much time they have got to keep their speeches. Debates are judged by Jury of 3–5 people who have the last word filling out special reports (one of the versions is given below), appreciating arguments and choosing the winner: Politeness Teams Arguments Questions Grammar Vocabulary Phonetics Decision conversions Affirmative Negative Steps to follow № Speaker Contents of speeches 1 A1 (Speaker 1 of Introduces affirmative team; – defines the debate topic; – affirmative team) explains key notions; – declares his/her team’s opinion; – introduces all the arguments of his/her team; – concludes the debate with a well – defined statement of the general line of his/her team 2 N3 – A1 NЗ asks cross – questions aiming at weakening of A1 arguments’ significance; A1 gives a reply 3 N1 (Speaker 1 of Introduces his/her team; – denies the topic, formulates negative team) thesis of denial; – accepts the definition, suggested by affirmative team; – refutes the arguments and advances counterarguments; – concludes the debate with a well – defined statement of the general line of his/her team 5 Speaker Contents of speeches 4 A3 – N1 A3 asks N1 cross- questions aiming at weakening A1 arguments’ significance; A1 gives a reply 5 A2 Refutes the arguments advanced by N1; – provides new proofs to defend the arguments of his/her team (without new arguments) 6 N1 – A2 N1 asks A2 cross- questions aiming at weakening A2 arguments and proofs’ significance; A2 gives a reply 7 N2 Refutes the arguments, advanced by the affirmative team; – renews the arguments of his/her team; – provides new proofs (without new arguments) 8 A1 – N2 A1 asks N2 cross-questions aiming at weakening of his/her arguments’ significance; N2 gives a reply 9 A3 Emphasizes main debate moments, following his/ her arguments; – carries out comparative analysis of parties’ opinions on the key questions; – explains why the arguments of affirmation are more convincing; – doesn’t advance new arguments; – makes an effective closing speech 10 N3 Emphasizes the key moments, following the structure of denying case; – carries out comparative analysis of parties’ opinions on the key questions; – explains why the arguments advanced by his/ her team are more convincing; – makes an effective closing speech While debating all the participants make use of language clichés. There are some of them. To express In our opinion; we believe; we suppose; we suggest; the fact is; the opinion point is; the thing is; I feel there’s something to be said for; a lot can be achieved by To refute There is something in what you are saying but; It sounds perfect but; arguments I must differ from / with your opinion on this matter; I am afraid I disagree with this argument; I don’t go along with that To agree with We must confess; I’m inclined to agree with you; We must go along arguments with your argument(s); we can’t agree with you entirely but there is something in what you are saying To thank for Thank you for your questions; thank you for your attention, we something appreciate; we extend appreciation to 6 POLICE BODY CAMERAS: URGENT NECESSITY OR RECOGNITION OF PROCESS IMPROVEMENT? What feelings would you have while being closely watched by somebody? What reasons could make you agree on general surveillance systems in the community? *** Be sure you know the meaning of the following words and word-combinations: to escalate into riots – to turn into any rebellion to release – to publish a pilot study – a small-scale experiment or set of observations undertaken to decide how and whether to launch a full-scale project to be unmatched – to be better or greater than all other things of the same kind *** What police forces in Great Britain have got the right to carry guns? In what circumstances can policemen make use of them? How is it possible to check the correctness of policemen’s conduct when they respond to incidents? Armed police in London will soon be wearing body cameras when they respond to incidents. This is to ensure greatertransparency and reduce speculation when police shoot people. The move came in response to the fatal shooting of a 29-year-old Londoner in North London in 2011. London police stated that its officers were attempting to arrest the man on suspicion of planning an attack, and that he was in possession of a handgun. The killing led to widespread clashes with the police and escalated into riots across London and other cities. The man’s family and friends campaigned for years claiming he was unlawfully killed. A public inquiry decided on January, 8 that the killing was lawful. London’s senior police officials hope the body cameras will provide greater clarity and proof surrounding any future shootings. The head of the police pointed out that it was relatively rare for London police officers to open fire. Regular police officers patrolling the streets do not carry guns, unlike police in many cities around the world. Between 2010 and 2012, there were 12,721 times when armed police responded to incidents. Shots were fired on just four occasions. Neil Basu, head of the police’s specialist firearms unit, said: “These are professional officers who want to be believed and want the public to trust them. If wearing body cameras is what it takes, then that is what they will do.” 7 *** ● Who should have the right to use video recordings? People in public places have no expectation of privacy, but police sometimes end up in private places like homes where there are people who have no role in any crime. In these circumstances, if authorities use video recordings later in court, images of non-suspects should be removed. Just as important, courts, prosecutors and police departments must strictly control the release and use of these recordings. Video should be accessible only to sworn police personnel, prosecutors, or lawyers, and only when conducting investigations or doing casework. Any release to the public must be forbidden. *** Have you got any information about pilot studies of police body cameras in the UK? And what about their results? It was first written about police body cameras in 2010. Though almost unknown in the US, police in the UK ran small pilot studies of the devices in 2005–06. In 2007, the Home Office (the UK equivalent of the US Department of Justice) published Guidance for Police Use of Body – Worn Video Devices which analyzed the data collected and explained the impacts. The main conclusions: Recordings by body-cameras created an unmatched record, leaving less doubt about what happened. This helped criminal prosecutors, and resolved civilian complaints against officers. With more efficient and rapid creation of reports, cases moved through the criminal justice system faster; officers returned to the street sooner. When members of the public faced officers wearing cameras, public order offences dropped. Police body cameras proved especially helpful in prosecuting domestic violence cases, and in investigations of shootings involving police. PROS ● To ensure greater transparency; ● to reduce speculation when police shoot people; ● to avoid undesirable consequences while being on duty; ● to provide greater clarity; ● to be believed and trusted by the public; ● to help criminal prosecutors and resolve civilian complaints against officers; ● to stop police misusing of their rights and opportunities; ● to help the police to protect their reputation; ● to let cases move through the criminal justice system faster; 8 ● to make public order offences drop; ● to be helpful in prosecuting domestic violence cases and in investigations of shootings involving police. CONS ● To be unable to stop the police shooting a man; ● to be bad for the police anyway; ● to be some drawbacks of police officers wearing body cameras; ● to be very expensive to equip all the police officers with body cameras; ● to be psychologically difficult for the police officers to be under constant control; ● not to result in better policing; ● to be better for the police to carry guns but not to wear body cameras. 1. Express your opinion on the following. A. You think university classrooms are the best places to have a camera. Tell the others some reasons why. Also, tell the others which is the least useful of these (and why): the front and back of cars, police uniforms or your front door. B. You think the front and back of cars are the best places to have a camera. Tell the others some reasons why. Also, tell the others which is the least useful of these (and why): university classrooms, police uniforms or your front door. C. You think police uniforms are the best places to have a camera. Tell the others some reasons why. Also, tell the others which is the least useful of these (and why): the front and back of cars, university classrooms or your front door. D. You think your front door is the best place to have a camera. Tell the others some reasons why. Also, tell the others which is the least useful of these (and why): the front and back of cars, police uniforms or university classrooms. 2. What conclusion have you come to? What influenced your final decision? 9 BOOT CAMPS FOR YOUNG CRIMINALS: A CRUEL OR A GOOD IDEA TO SOLVE THE PROBLEM OF INCREASING JUVENILE DELINQUENCY? What forms of camps for the youth and their main functions are you aware of? What springs to mind when you hear “a young criminal”? *** Be sure you know the meaning of the following words and word-combinations: a boot camp – a prison for young offenders, run on military lines guidance – advice or information aimed at resolving a problem or difficulty, especially as given by someone in authority propensity – an inclination or natural tendency to behave in a particular way aftercare – care of a patient after a hospital stay or of a person on release from prison to contradict – to deny the truth of a statement by asserting the opposite *** What information about boot camps for young offenders have you got? What is your impression of the military discipline in boot camps for young criminals? Boot camps could be a governmental part of the correctional and penal system of some countries, but predominantly in the United States. Modelled after military recruit training camps, these programs are based on shock incarceration grounded on military techniques. Re-open closed army barracks created American style of Boot Camps for Young Offenders who should be made to work as a team which should be under the control of army officers. Young offenders at the moment know they will be able to watch TV and play computer games in a young offender’s detention centre, in a boot camp they will get none of this but be made to work and train together and learn respect for others. *** What is cruel about boot camps and what could approve of their existence? It’s time to remind that the juvenile court was created to handle juvenile offenders on the basis of their youth rather than their crimes. The purpose of juvenile court is treatment and guidance rather than punishment. The criminal situation in Britain is getting worse and the number of crimes committed by young people in the UK is going up. One of the possible solutions to this problem could be the introduction of boot camps. British boot camps are to be 10